HB849 - Limitation on sentence upon revocation of suspension of sentence; technical violations.

1 Co-Sponsor

Limitation on sentence upon revocation of suspension of sentence; technical violations; penalty. Provides that a court may impose not more than 30 days of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation and may impose not more than 90 days of active incarceration for a second technical violation. Under current law, the court is prohibited from imposing active incarceration for a first technical violation and there is a presumption against imposing a sentence of a term of active incarceration; however, if the court finds, by a preponderance of the evidence, that the defendant committed the violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration.