SB 813
Creates provisions allowing certain offenders to be eligible for community-based sentencing
LR Number:
Last Action:
2/13/2020 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2020

Current Bill Summary

SB 813 - Under this act, prior to sentencing, and upon a written or oral motion, the court shall determine whether an offender is eligible for a community-based sentence. An offender may be eligible if:

• The offense was nonviolent;

• The offender is a primary caretaker of a dependent person; and

• The offender did not commit an offense against the dependent person.

If the court determines that an offender is eligible, the court shall impose an individually assessed, community-based sentence, rather than incarceration, with the goal of rehabilitation and family unity and support.

Requirements of the community-based sentence shall include:

• That the primary caretaker is actively caring for the dependent;

• That the court of the county of the violation or arrest shall have original jurisdiction while the offender completes his or her community-based sentence;

• That any sentence or treatment issued by a court shall allow the offender to remain as close as possible to his or her dependent; and

• That the offender complete a community corrections program or complete the terms of the community-based sentence.

The court may modify or revoke the community-based sentence or the conditions of the sentence as provided in the act.

Under this act, the Department of Corrections shall report once per year the number of community-based sentences imposed, how many of the community-based sentences resulted in revocation, and the reason for each revocation. The Department of Social Services shall also report once per year the number of children entering foster care as a result of the revocation of a community-based primary caretaker sentence.



No Amendments Found.