SB 975 - This act requires alcohol monitoring for persons with repeat alcohol-related offenses in certain circumstances instead of serving a more lengthy mandatory minimum sentence. The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data through a remote device worn by such person.
Currently, no prior offender is eligible for probation or parole until he or she serves a minimum of five days imprisonment, unless the person performs at least thirty days of community service. Under this act, a prior offender would also be required to abstain from consuming alcohol. This requirement shall be verifiable by continuous alcohol monitoring or breath alcohol testing performed a minimum of four times per day as scheduled by the court, for not less than thirty days but not more than ninety days.
Currently, no persistent offender is eligible for probation or parole until he or she serves a minimum of ten days imprisonment, unless the person performs at least sixty days of community service. Under this act, a prior offender would also be required to abstain from consuming alcohol. This requirement shall be verifiable by continuous alcohol monitoring or breath alcohol testing performed a minimum of four times per day as scheduled by the court, for not less than sixty days but not more than one hundred eighty days.
Currently, no aggravated offender is eligible for probation or parole until he or she serves a minimum of sixty days imprisonment. Under this act, the court may suspend execution of not more than thirty days of such term if, as a condition of probation and parole, such person abstains from consuming alcohol and submits to alcohol monitoring as scheduled by the court, for not less than one hundred twenty days but not more than two hundred seventy days.
Currently, no chronic offender is eligible for probation or parole until he or she serves a minimum of two years imprisonment. Under this act, the court may suspend execution of not more than one year of such term if, as a condition of probation and parole, such person abstains from consuming alcohol and submits to alcohol monitoring as scheduled by the court, for not less than one year but not more than two years.
This act is similar to HB 1703 (2008).
SUSAN HENDERSON MOORE