Vote Smart's Synopsis:

Vote to pass a bill that establishes new guidelines to reduce probationary sentences and re-integrate individuals on probation into society.

Highlights:

• Authorizes courts to attach probation on a defendant so that they can meet childcare responsibilities and devotion to a certain job, study or vocational training (Sec. 1).

• Requires courts to allow the defendant to temporarily leave the court’s jurisdiction unless doing so threatens the defendant or the public’s safety (Sec. 1).

• Prohibits courts from extending or revoking a probationary period because the defendant is unable to pay any outstanding fines (Sec. 2). 

• Prohibits courts from sentencing a defendant to prison time if probation is revoked, unless the defendant (Sec. 2):

• Commits a crime that is sexual in nature;

• Commits a crime that is assaultive;

• Commits a crime involving the possession or control of a weapon;

• Proves to be too dangerous for lack of imprisonment; and

• Proves to be a threat to public safety.

• Establishes the following sentences for violating probation (Sec. 2):

• A maximum of 14 days for a first technical violation;

• A maximum of 30 days for a second violation; and

• Any alternative sentencing available for a third or subsequent violation.

• Specifies that a defendant will be eligible for a probation review conference after they complete three years of probation following a misdemeanor, or five years for a felony (Sec. 2). 

• Specifies that defendants will be eligible for a conference six months prior to the date they would be eligible, if they hold at least a high school diploma (Sec. 2). 

• Prohibits defendants from being eligible for a conference if (Sec. 2):

• The defendant commits any of the aforementioned violations within nine months of their conference date;

• The defendant commits any other offense within six months of their conference date; or

• The defendant was convicted of a misdemeanor or felony while incarcerated or on probation. 

• Specifies that this bill takes effect on January 1, 2021 (Sec. 8).

Full Bill Text