Summary:

 House Bill 514 (HB 514) amends the Probation and Parole Act and provides procedures for sanctions for technical violations for a parolee or probationer who violates the conditions of release or probation.  It creates a graduated response system for probation and parole violations.  

Legislation Overview:

 House Bill 514 (HB 514) enacts a new section of the Probation and Parole Act that requires the Corrections Department to develop a system of graduated responses for probationers and parolees, including technical violations and absconding.  The system must also define positive reinforcements for compliance with conditions of supervision.  The Corrections Department must present its plan to the legislature by January 2026 and implement the system by July 2026. 
Graduated sanctions must include sanctions for the most common types of violations and must account for factors such as the severity of the violation, the person’s criminal record, prior violations, the person’s risk level, and the extent to which graduated sanctions were previously imposed.  Each sanction must explain whether an individual has the option to object and review the imposition of the sanction. The graduated responses must be exhausted before revoking a person’s parole. 
HB 514 provides definitions for “absconding”, “screening and assessment”, “validated risk and needs assessment instrument” and “violation response guidelines.”  The bill defines a “technical violation” as a violation of the conditions of probation or parole, other than an arrest for a new crime, absconding, having contact with a victim or witness, and a violation of an order of protection. 
For a first technical violation of parole or probation, a person can be incarcerated for up to fifteen days.  For a second technical violation, a person can be incarcerated for up to 30 days. For the third technical violation, a person can be incarcerated for up to 90 days, and for a fourth and subsequent violation, the person can be incarcerated for the remainder of their sentence. 
The Parole Board or court can impose a longer period of incarceration if additional detention is necessary for the person’s rehabilitation or public safety.  The Parole Board or court can also issue harsher sanctions for a person who has a plea or conviction for a serious violent offense. However, there must be a direct relationship between the technical violation and the underlying serious violent offense.