SCS/SB 380 - Under current law, a court must place certain defendants who have violated the terms of probation in one of the Department of Corrections' 120-day programs before revoking probation.
This amendment provides that a court may revoke a defendant's probation without placing the defendant in a 120-day program if the defendant consents to the revocation.
This act repeals a provision of current law requiring a circuit court to release an offender who participates in a 120-day Department of Corrections program unless the release constitutes an abuse of discretion.
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 within 90 to 120 days from 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. This act repeals a provision requiring the court to request certain offenders be placed in the sexual offender assessment unit of the Department of Corrections.
Current law provides that an offender's first incarceration for 120 days in a Department of Corrections program prior to release on probation shall not be considered a previous prison commitment for purposes of sentencing for subsequent crimes. This act provides that an offender's first incarceration prior to release on probation - even if the offender does not participate in a 120-day program - shall not be considered a previous prison commitment.
These provisions are identical to the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013), the truly agreed to and finally passed SCS/HB 301 (2013), the truly agreed to and finally passed SS/SCS/HCS/HB 215 (2013), and HCS/HB 830 (2013).