HSB 607

This bill relates to the length of probation, discharge from probation, payment of fines and fees, and probation violations. LENGTH OF PROBATION. The bill strikes the provision that requires the length of probation shall not be less than one year if the offense is a misdemeanor and shall not be less than two years if the offense is a felony. DISCHARGE OF PROBATION —— PROCEDURE. The bill provides that at any time the court, or a probation officer, determines that the purposes of probation have been fulfilled and fees imposed and court debt collected have been paid or are subject to a payment plan, the court or probation officer may order the discharge of a person from probation after approval of the district director of correctional services and notification of the sentencing court and the county attorney who prosecuted the case. _____ The bill provides that notwithstanding any earned discharge credit or any educational credit accrued, a defendant’s probation officer shall complete a probation status report no later than halfway through the defendant’s probation term and provide a copy of the probation status report to the defendant containing one of the following: an order that the defendant be discharged from probation early, a recommendation that the defendant’s probation be continued with reduced terms and conditions, or a recommendation that the defendant’s probation be continued as previously ordered. If the defendant’s probation status report recommends that the defendant continue probation with reduced terms and conditions or that the defendant’s probation continue as previously ordered, the probation officer shall include a description of why continued probation is necessary and beneficial and shall also include any discharge credits and educational credits the defendant has accrued. If the probation status report does not recommend early termination of the defendant’s probation, the defendant may request further administrative review. The provisions shall not apply to proceedings in adult criminal problem-solving courts and special probation programs. DISCHARGE FROM PROBATION. The bill provides that at the expiration of the period of probation, if the fees have been paid or are subject to a payment plan, the court shall order the discharge of the person from probation. If portions of the court debt remain unpaid, the person shall establish a payment plan based upon the defendant’s ability to pay with the clerk of the district court or the county attorney prior to the discharge. The court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person upon discharge. _____ a hearing. DISCHARGE AND EDUCATION CREDITS. The bill provides that a defendant on probation shall be eligible to earn a discharge credit from the defendant’s term of probation for each full calendar month in which the defendant is in compliance with the terms of the defendant’s probation, which shall be applied to the termination date of the defendant’s probation within days of the end of the calendar month in which the discharge credit was earned. A defendant shall not earn a discharge credit for a calendar month in which a violation has occurred, the defendant has absconded from probation, or the defendant is incarcerated. A defendant shall not earn a discharge credit for a partial calendar month or the last full calendar month of probation. A defendant on probation shall be eligible to earn an educational credit from the defendant’s term of probation for each full calendar month in which the defendant is in compliance with the terms of the defendant’s probation. The bill provides that at least once a year, and in the probation status report provided halfway through the defendant’s period of probation, the defendant’s probation officer shall provide the defendant with an accounting of the defendant’s discharge credits and educational credits that have accrued. A defendant may earn both a discharge credit and an educational credit to be applied toward the completion of the defendant’s probation. A defendant may seek administrative review and recalculation of the defendant’s discharge credits and educational credits contained in the defendant’s probation status report. A defendant may seek judicial review of the credit calculations at a hearing to modify or for early termination of probation. The bill provisions involving discharge and educational credits shall not apply to proceedings in adult criminal problem-solving courts and special probation programs. _____ available no later than December each year the number of persons on probation who have earned educational and discharge credits during that year, the average amount of credits earned per defendant during that year, the total number of supervision days reduced due to the awarding of credits during that year, and the number of defendants terminated from probation early that year. PAYMENT OF FINES AND FEES. The bill provides that the court shall direct a defendant to pay any monetary obligations imposed in conjunction with a term of probation, and shall create a payment plan based upon the defendant’s ability to pay which shall include a plan of payment for restitution owed. The court, upon the receipt of a petition from a probation officer for termination of a defendant’s probation, shall not consider the defendant’s lack of payment of fines and fees as a disqualifying factor for early termination of the defendant’s probation unless the defendant has been found to be able to afford payments but has purposely avoided making payments. A defendant who is compliant with the conditions of probation shall not be precluded from obtaining a driver’s license due to lack of payment of fines and fees, unless a defendant has been found to be able to afford payments but has purposely avoided making payments.2A (appointment of attorney).7 (petition for restitution plan hearing). VIOLATION OF PROBATION. _____ the risk, and the correlating appropriate sanction. This provision shall not apply to proceedings in adult criminal problem-solving courts and special probation programs. There is a presumption against incarceration for technical violations of supervision. A sentence of incarceration upon revocation shall not be imposed unless the court finds that the defendant has committed a new felony or misdemeanor, or the violation response matrix authorizes incarceration under such circumstances. The probation officer may proceed internally without court intervention, by arrest or by summons depending on the severity of the alleged violation and the level of risk. For any alleged violation for which the probation officer seeks to increase the defendant’s conditions of supervision or length of supervision, the defendant has the right to request a supervision hearing. A hearing is required for any alleged violation for which the probation officer seeks to revoke supervision or incarcerate the defendant. The bill provides definitions for “adult criminal problem- solving court”, “discharge credit”, “educational credit”, “special probation program”, “technical violation”, and “violation response matrix”.