The bill introduces several key changes to the parole process and sentencing guidelines for individuals convicted of certain felonies. Here's a breakdown of the key provisions:
1. Review and Findings Before Sentencing:
Before an individual is sentenced to the Department of Corrections (DOC) for a Class 5 or 6 felony, the court must review certain available information and make additional findings.
2. Parole Eligibility Notifications:
The executive director of the DOC must notify the sentencing court when an individual sentenced to prison for certain lower-class felonies is within 90 days or less of their parole eligibility date.
3. Treatment and Recovery Options:
The bill adds certified recovery residences to the list of approved treatment or recovery options for parolees, offering additional opportunities for rehabilitation outside of traditional correctional facilities.
4. Parole Treatment Program Costs:
The bill eliminates the requirement that parolees who test positive for drugs or alcohol must pay for any treatment program ordered as a new condition of parole.
5. Parole Decisions for Low-Risk Inmates:
The bill repeals the requirement for approval by the state board of parole for the denial of parole for low- or very low-risk inmates.
It creates a presumption that low- or very low-risk inmates who have reached their parole eligibility dates will be granted parole.
The state board of parole must provide a monthly report to the DOC on the status of hearings for these inmates.
6. Outstanding Warrants or Detainers:
If an offender is otherwise eligible for parole or placement in a community corrections program but has an outstanding warrant or detainer, the parole board or executive director must notify the public defender liaison.
The public defender liaison will determine if the warrant or detainer can be resolved and notify the executive director of the outcome.
Purpose of the Bill:
Increase parole eligibility for low-risk inmates.
Provide recovery options and remove financial barriers to treatment programs.
Streamline the parole process by presuming parole for low-risk offenders who are eligible, with regular reporting on the status of such inmates.
This bill aims to rehabilitate offenders in a more efficient and accessible manner, focusing on those who pose a low risk to the community and emphasizing treatment and recovery rather than solely punitive measures.
Summary
Before an individual is sentenced to the department of corrections
(department) for a class 5 or 6 felony, the bill requires the court to review certain available information and to make additional findings.
The bill directs the executive director of the department (executive
director) to notify the sentencing court that a person sentenced to prison for certain lower-class felonies is either past or within 90 days or less of the person's parole eligibility date.
The bill adds certified recovery residences to the lists of possible treatment or recovery options for a parolee.
The bill eliminates the requirement that a parolee who tests
positive for drugs or alcohol must pay for any treatment program ordered as a new condition of parole.
The bill repeals provisions that require approval by a majority of
the members of the state board of parole (state board) for a denial of parole to certain low- or very low-risk inmates. The bill replaces these provisions by creating a presumption that certain low- or very low-risk inmates who have reached their parole eligibility dates will be granted parole. The bill also requires the state board to provide a monthly report to the department on the status of hearings for these low- and very low-risk inmates.
If an offender is otherwise eligible for parole or placement in a
community corrections program but has an outstanding warrant or detainer, the parole board or the executive director shall notify the public defender liaison, who shall determine if the warrant or detainer may be resolved and notify the executive director of the outcome.
