HB400 - Active incarceration; probation, revocation, and suspension of sentence.

1 Co-Sponsor

Probation, revocation, and suspension of sentence; repeal. Repeals the limitations on the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation or violation of the terms and conditions of a suspended sentence. Under current law, there are limitations on the amount of active incarceration a court can impose for defined technical violations. The bill also removes limitations on the lengths of a period of probation and a period of suspension of a sentence that may be fixed by the court. Under current law, a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration, with some exceptions. The bill also makes changes to the time periods within which a court must issue process to notify the accused of a revocation hearing.