SB 276 PROBATION AND PAROLE SENTENCE

Sen Antonio "Moe" Maestas

Actions: [6] SCC/SHPAC/SJC-SCC

Scheduled: Not Scheduled

 Senate Bill 276 (SB 276) requires that probation must be served instead of parole in certain circumstances and provides that a court cannot order a defendant to be placed on probation for a longer period than the maximum allowable incarceration time. 

 First, Senate Bill 276 (SB 276) provides that parole is not required if a partially suspended sentence involving probation would be concurrent.  

Second, the bill amends the statute regarding the maximum amount of time a defendant can be on probation. The bill removes language that stated that the total period of probation imposed by a district court cannot exceed five years (except for sex offenders).  Instead, the bill provides that the time period for probation cannot exceed the jurisdiction of the court (except for sex offenders). This means that a court cannot order a defendant to be placed on probation for a longer period than the maximum allowable time the court could have placed the defendant in prison.  

Third, the bill provides that if a defendant is required to serve a period of probation after incarceration, the period of probation is to be served instead of any required parole. Currently, in such a situation, the period of probation is served after any period of parole, with time served on parole credited as time served on probation. The bill removes the authority of the parole board to handle parole violations in these situations.  
 

 Currently:
1. Parole is required if a partially suspended sentence involving probation would be concurrent.  
2. The total amount of probation to be imposed by a district court is capped at five years (except for sex offenders). 
3. If a defendant is required to serve a period of probation after incarceration, the period of probation is served after any period of parole, with time served on parole credited as time served on probation, and the parole board handles any parole violations.   

 SB 276 is related to SB 39