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SB 380 - This act repeals a provision under current law that a circuit court must release an offender who participates in a 120-day Department of Corrections program unless the release constitutes an abuse of discretion. Also repealed is a provision that, if the court finds that the release would be an abuse of discretion, the court may order the execution of the offender's sentence only after conducting a hearing within 90 to 120 days of the offender being sentenced. This act leaves in place provisions of current law that require the court to follow the recommendation of the department regarding the release of an offender who participates in a 120-day program unless the court determines probation is not appropriate. This act provides that the offender's sentence may only be executed after conducting a hearing on the matter within 90 to 120 days from the date the offender was delivered to the Department of Corrections rather than the date the offender was sentenced. Current law provides that the Department of Corrections must provide a report and recommendations for terms and conditions of probation to the court after 100 days of incarceration if the department determines that an offender is not successful in a program. The court must then release the offender on probation or order the offender to remain incarcerated to serve the sentence imposed. This act provides that, if the department determines the offender has not successfully completed a 120-day program, the offender must be removed from the program and the court advised of the removal. The department may provide recommendations for terms and conditions of probation. The court then has the power to grant probation or order execution of the offender's sentence. This act provides that the court must consider other authorized dispositions if the court is advised that an offender is not eligible for placement in a 120-day program. Under this act, the department must provide a report and sentencing recommendation to the court when an offender completes a sexual offender assessment. This act also specifies that a sexual offender assessment shall not be considered a 120-day program and identifies the provisions containing the process for granting probation to an offender who has completed the assessment. MEGHAN LUECKE
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