|
SB 140 - This act allows any circuit court to establish a division, within the family courts, for disposition of criminal nonsupport cases. Such division shall have the authority to refer defendants to education, vocational or employment training, substance abuse treatment, or work programs. After successful completion of a court-ordered treatment or training program or commencement of support payments, the defendant may have the charges, petition, or penalty against him or her dismissed, reduced, or modified. Each circuit shall establish conditions for referral to the division and each participant must be a nonviolent person. Any proceeding accepted by the division must be upon agreement of the parties. Any statement made by a participant as part of the division program shall not be admissible as evidence in other judicial proceedings; however, termination from the division program may be considered in sentencing or disposition of the case. Division staff shall be provided access to government records relevant to the participant's supervision. An eight-member Criminal Nonsupport Divisions Coordinating Commission shall be established to coordinate and allocate resources made available through the newly created Criminal Nonsupport Division Resources Fund. Under this act, criminal nonsupport shall be a Class A misdemeanor unless the total arrearage is in excess of an aggregate of twelve monthly payments, in which case, it is a Class D felony. Currently, the crime is a Class D felony if the person owes more than $5,000 or has failed to pay six months of payments within the last twelve-month period. The act also modifies the penalties for any person convicted of criminal nonsupport as follows: (1) A first offense shall result in a suspended imposition of sentence and an appropriate period of probation; (2) A second offense shall result in a suspended execution of sentence and an appropriate period of probation; and (3) A third or subsequent offense shall be punished within the range for the class of offense that the defendant was convicted of as provided by law. If the defendant is placed on probation or parole, he or she must begin payment of current support as well as satisfying the arrearages. If he or she fails to pay, probation or parole shall be revoked and an appropriate sentence shall be imposed. During any period that a nonviolent defendant is incarcerated for criminal nonsupport, the court shall, if the defendant is ready, willing, and able to be gainfully employed and except for good cause shown, place the defendant on work release in order to satisfy the defendant's obligation to pay support. The work release shall be revoked if the defendant fails to pay. Beginning August 28, 2009, every nonviolent first and second-time offender currently incarcerated for criminal nonsupport, who has not previously been placed on probation or parole, may be considered for parole or work release. This act is similar to HB 1652 (2006). SUSAN HENDERSON MOORE
|
