Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 487 First Substitute (2016GS)

Sponsor

Rep. Hutchings, E.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies criminal law provisions and criminal procedure provisions regarding certain penalty provisions;
• amends restrictions imposed due to possession of controlled substances;
• modifies provisions regarding probation supervision and services; and
• modifies the earned time program for incarcerated offenders.

Every vote on this bill

Bill text

CRIMINAL CODE AND CRIMINAL PROCEDURE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code and the Utah Code of Criminal Procedure
regarding penalties.
Highlighted Provisions:
This bill:
▸ modifies criminal law provisions and criminal procedure provisions regarding
certain penalty provisions;
▸ amends restrictions imposed due to possession of controlled substances;
▸ modifies provisions regarding probation supervision and services; and
▸ modifies the earned time program for incarcerated offenders.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-206
, as last amended by Laws of Utah 2015, Chapter 412
76-10-503
, as last amended by Laws of Utah 2015, Chapter 412
77-18-1
, as last amended by Laws of Utah 2015, Chapters 412 and 413
77-27-5.4
, as enacted by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-206
 is amended to read:
76-6-206.
Criminal trespass.
(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to
burglary as defined in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
 or a violation of Section
76-10-2402
 regarding commercial obstruction:
(a) the person enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property,
including the use of graffiti as defined in Section 
76-6-107
;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing the person's entry or presence is unlawful, the person enters or remains on
property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent
authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the person enters a condominium unit in violation of Subsection 
57-8-7
(8).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was
committed in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
[
(4) It is a defense to prosecution under this section that:
]
[
(a) the property was at the time open to the public; and
]
[
(b) the actor complied with all lawful conditions imposed on access to or remaining
on the property.
]
Section 2. Section 
76-10-503
 is amended to read:
76-10-503.
Restrictions on possession, purchase, transfer, and ownership of
dangerous weapons by certain persons -- Exceptions.
(1) For purposes of this section:
(a) A Category I restricted person is a person who:
(i) has been convicted of any violent felony as defined in Section 
76-3-203.5
;
(ii) is on probation or parole for any felony;
(iii) is on parole from a secure facility as defined in Section 
62A-7-101
;
(iv) within the last 10 years has been adjudicated delinquent for an offense which if
committed by an adult would have been a violent felony as defined in Section 
76-3-203.5
;
(v) is an alien who is illegally or unlawfully in the United States; or
(vi) is on probation for a conviction of possessing:
(A) a substance classified in Section 
58-37-4
 as a Schedule I [
or II
] controlled
substance 
other than marijuana, or as a Schedule II controlled substance
;
(B) a controlled substance analog; or
(C) a substance listed in Section 
58-37-4.2
.
(b) A Category II restricted person is a person who:
(i) has been convicted of any felony;
(ii) within the last seven years has been adjudicated delinquent for an offense which if
committed by an adult would have been a felony;
(iii) is an unlawful user of a controlled substance as defined in Section 
58-37-2
;
(iv) is in possession of a dangerous weapon and is knowingly and intentionally in
unlawful possession of a Schedule I or II controlled substance as defined in Section 
58-37-2
;
(v) has been found not guilty by reason of insanity for a felony offense;
(vi) has been found mentally incompetent to stand trial for a felony offense;
(vii) has been adjudicated as mentally defective as provided in the Brady Handgun
Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
to a mental institution;
(viii) has been dishonorably discharged from the armed forces; or
(ix) has renounced his citizenship after having been a citizen of the United States.
(c) As used in this section, a conviction of a felony or adjudication of delinquency for
an offense which would be a felony if committed by an adult does not include:
(i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
regulation of business practices not involving theft or fraud; or
(ii) a conviction or adjudication of delinquency which, according to the law of the
jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
court order, pardoned or regarding which the person's civil rights have been restored unless the
pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
may not ship, transport, possess, or receive firearms.
(d) It is the burden of the defendant in a criminal case to provide evidence that a
conviction or adjudication of delinquency is subject to an exception provided in Subsection
(1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
conviction or adjudication of delinquency is not subject to that exception.
(2) A Category I restricted person who intentionally or knowingly agrees, consents,
offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
the person's custody or control:
(a) any firearm is guilty of a second degree felony; or
(b) any dangerous weapon other than a firearm is guilty of a third degree felony.
(3) A Category II restricted person who intentionally or knowingly purchases, transfers,
possesses, uses, or has under the person's custody or control:
(a) any firearm is guilty of a third degree felony; or
(b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
(4) A person may be subject to the restrictions of both categories at the same time.
(5) If a higher penalty than is prescribed in this section is provided in another section
for one who purchases, transfers, possesses, uses, or has under this custody or control any
dangerous weapon, the penalties of that section control.
(6) It is an affirmative defense to a charge based on the definition in Subsection
(1)(b)(iv) that the person was:
(a) in possession of a controlled substance pursuant to a lawful order of a practitioner
for use of a member of the person's household or for administration to an animal owned by the
person or a member of the person's household; or
(b) otherwise authorized by law to possess the substance.
(7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
(i) was possessed by the person or was under the person's custody or control before the
person became a restricted person;
(ii) was not used in or possessed during the commission of a crime or subject to
disposition under Section 
24-3-103
;
(iii) is not being held as evidence by a court or law enforcement agency;
(iv) was transferred to a person not legally prohibited from possessing the weapon; and
(v) unless a different time is ordered by the court, was transferred within 10 days of the
person becoming a restricted person.
(b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
of a firearm or other dangerous weapon by a restricted person.
(8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
dangerous weapon to any person, knowing that the recipient is a person described in
Subsection (1)(a) or (b).
(b) A person who violates Subsection (8)(a) when the recipient is:
(i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
guilty of a second degree felony;
(ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for any unlawful purpose, is guilty of a third degree felony;
(iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
guilty of a third degree felony; or
(iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
(9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
circumstances which the person knows would be a violation of the law.
(b) A person may not provide to a dealer or other person any information that the
person knows to be materially false information with intent to deceive the dealer or other
person about the legality of a sale, transfer or other disposition of a firearm or dangerous
weapon.
(c) "Materially false information" means information that portrays an illegal transaction
as legal or a legal transaction as illegal.
(d) A person who violates this Subsection (9) is guilty of:
(i) a third degree felony if the transaction involved a firearm; or
(ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
firearm.
Section 3. Section 
77-18-1
 is amended to read:
77-18-1.
Suspension of sentence -- Pleas held in abeyance -- Probation --
Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
monitoring.
(1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
(2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
and place the defendant on probation. The court may place the defendant:
(i) on probation under the supervision of the Department of Corrections except in cases
of class C misdemeanors or infractions;
(ii) on probation [
with
] 
under the supervision of
 an agency of local government or with
a private organization; or
(iii) on [
bench
] 
court
 probation under the jurisdiction of the sentencing court.
(b) (i) The legal custody of all probationers under the supervision of the department is
with the department.
(ii) The legal custody of all probationers under the jurisdiction of the sentencing court
is vested as ordered by the court.
(iii) The court has continuing jurisdiction over all probationers.
(iv) Court probation may include an administrative level of services, including
notification to the court of scheduled periodic reviews of the probationer's compliance with
conditions.
(c) Supervised probation services provided by the department, an agency of local
government, or a private organization shall specifically address the offender's risk of
reoffending as identified by a validated risk and needs screening or assessment.
(3) (a) The department shall establish supervision and presentence investigation
standards for all individuals referred to the department. These standards shall be based on:
(i) the type of offense;
(ii) the results of a risk and needs assessment;
(iii) the demand for services;
(iv) the availability of agency resources;
(v) public safety; and
(vi) other criteria established by the department to determine what level of services
shall be provided.
(b) Proposed supervision and investigation standards shall be submitted to the Judicial
Council and the Board of Pardons and Parole on an annual basis for review and comment prior
to adoption by the department.
(c) The Judicial Council and the department shall establish procedures to implement
the supervision and investigation standards.
(d) The Judicial Council and the department shall annually consider modifications to
the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
appropriate.
(e) The Judicial Council and the department shall annually prepare an impact report
and submit it to the appropriate legislative appropriations subcommittee.
(4) Notwithstanding other provisions of law, the department is not required to
supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
conduct presentence investigation reports on class C misdemeanors or infractions. However,
the department may supervise the probation of class B misdemeanants in accordance with
department standards.
(5) (a) Before the imposition of any sentence, the court may, with the concurrence of
the defendant, continue the date for the imposition of sentence for a reasonable period of time
for the purpose of obtaining a presentence investigation report from the department or
information from other sources about the defendant.
(b) The presentence investigation report shall include:
(i) a victim impact statement according to guidelines set in Section 
77-38a-203
describing the effect of the crime on the victim and the victim's family;
(ii) a specific statement of pecuniary damages, accompanied by a recommendation
from the department regarding the payment of restitution with interest by the defendant in
accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
(iii) findings from any screening and any assessment of the offender conducted under
Section 
77-18-1.1
;
(iv) recommendations for treatment of the offender; and
(v) the number of days since the commission of the offense that the offender has spent
in the custody of the jail and the number of days, if any, the offender was released to a
supervised release or alternative incarceration program under Section 
17-22-5.5
.
(c) The contents of the presentence investigation report are protected and are not
available except by court order for purposes of sentencing as provided by rule of the Judicial
Council or for use by the department.
(6) (a) The department shall provide the presentence investigation report to the
defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
court for review, three working days prior to sentencing. Any alleged inaccuracies in the
presentence investigation report, which have not been resolved by the parties and the
department prior to sentencing, shall be brought to the attention of the sentencing judge, and
the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
report with the department. If after 10 working days the inaccuracies cannot be resolved, the
court shall make a determination of relevance and accuracy on the record.
(b) If a party fails to challenge the accuracy of the presentence investigation report at
the time of sentencing, that matter shall be considered to be waived.
(7) At the time of sentence, the court shall receive any testimony, evidence, or
information the defendant or the prosecuting attorney desires to present concerning the
appropriate sentence. This testimony, evidence, or information shall be presented in open court
on record and in the presence of the defendant.
(8) While on probation, and as a condition of probation, the court may require that the
defendant:
(a) perform any or all of the following:
(i) pay, in one or several sums, any fine imposed at the time of being placed on
probation;
(ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
(iii) provide for the support of others for whose support the defendant is legally liable;
(iv) participate in available treatment programs, including any treatment program in
which the defendant is currently participating, if the program is acceptable to the court;
(v) serve a period of time, not to exceed one year, in a county jail designated by the
department, after considering any recommendation by the court as to which jail the court finds
most appropriate;
(vi) serve a term of home confinement, which may include the use of electronic
monitoring;
(vii) participate in compensatory service restitution programs, including the
compensatory service program provided in Section 
76-6-107.1
;
(viii) pay for the costs of investigation, probation, and treatment services;
(ix) make restitution or reparation to the victim or victims with interest in accordance
with Title 77, Chapter 38a, Crime Victims Restitution Act; and
(x) comply with other terms and conditions the court considers appropriate; and
(b) if convicted on or after May 5, 1997:
(i) complete high school classwork and obtain a high school graduation diploma, a
GED certificate, or a vocational certificate at the defendant's own expense if the defendant has
not received the diploma, GED certificate, or vocational certificate prior to being placed on
probation; or
(ii) provide documentation of the inability to obtain one of the items listed in
Subsection (8)(b)(i) because of:
(A) a diagnosed learning disability; or
(B) other justified cause.
(9) The department shall collect and disburse the account receivable as defined by
Section 
76-3-201.1
, with interest and any other costs assessed under Section 
64-13-21
 during:
(a) the parole period and any extension of that period in accordance with Subsection
77-27-6
(4); and
(b) the probation period in cases for which the court orders supervised probation and
any extension of that period by the department in accordance with Subsection (10).
(10) (a) (i) Probation may be terminated at any time at the discretion of the court or
upon completion without violation of 36 months probation in felony or class A misdemeanor
cases, 12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant
to Section 
64-13-21
 regarding earned credits.
(ii) (A) If, upon expiration or termination of the probation period under Subsection
(10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
76-3-201.1
, the court may retain jurisdiction of the case and continue the defendant on bench
probation for the limited purpose of enforcing the payment of the account receivable. If the
court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
the court the costs associated with continued probation under this Subsection (10).
(B) In accordance with Section 
77-18-6
, the court shall record in the registry of civil
judgments any unpaid balance not already recorded and immediately transfer responsibility to
collect the account to the Office of State Debt Collection.
(iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
own motion, the court may require the defendant to show cause why the defendant's failure to
pay should not be treated as contempt of court.
(b) (i) The department shall notify the sentencing court, the Office of State Debt
Collection, and the prosecuting attorney in writing in advance in all cases when termination of
supervised probation is being requested by the department or will occur by law.
(ii) The notification shall include a probation progress report and complete report of
details on outstanding accounts receivable.
(11) (a) (i) Any time served by a probationer outside of confinement after having been
charged with a probation violation and prior to a hearing to revoke probation does not
constitute service of time toward the total probation term unless the probationer is exonerated
at a hearing to revoke the probation.
(ii) Any time served in confinement awaiting a hearing or decision concerning
revocation of probation does not constitute service of time toward the total probation term
unless the probationer is exonerated at the hearing.
(iii) Any time served in confinement awaiting a hearing or decision concerning
revocation of probation constitutes service of time toward a term of incarceration imposed as a
result of the revocation of probation 
or a graduated sanction imposed under Section
63M-7-404
.
(b) The running of the probation period is tolled upon the filing of a violation report
with the court alleging a violation of the terms and conditions of probation or upon the issuance
of an order to show cause or warrant by the court.
(12) (a) (i) Probation may [
not
] be modified [
or extended
] 
as is consistent with the
graduated sanctions and incentives developed by the Sentencing Commission under Section
63M-7-404
, but the length of probation may not be extended,
 except upon waiver of a hearing
by the probationer or upon a hearing and a finding in court that the probationer has violated the
conditions of probation.
(ii) Probation may not be revoked except upon a hearing in court and a finding that the
conditions of probation have been violated.
(b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
constitute violation of the conditions of probation, the court that authorized probation shall
determine if the affidavit establishes probable cause to believe that revocation, modification, or
extension of probation is justified.
(ii) If the court determines there is probable cause, it shall cause to be served on the
defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
cause why the defendant's probation should not be revoked, modified, or extended.
(c) (i) The order to show cause shall specify a time and place for the hearing and shall
be served upon the defendant at least five days prior to the hearing.
(ii) The defendant shall show good cause for a continuance.
(iii) The order to show cause shall inform the defendant of a right to be represented by
counsel at the hearing and to have counsel appointed if the defendant is indigent.
(iv) The order shall also inform the defendant of a right to present evidence.
(d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
(ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
shall present evidence on the allegations.
(iii) The persons who have given adverse information on which the allegations are
based shall be presented as witnesses subject to questioning by the defendant unless the court
for good cause otherwise orders.
(iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
and present evidence.
(e) (i) After the hearing the court shall make findings of fact.
(ii) Upon a finding that the defendant violated the conditions of probation, the court
may order the probation revoked, modified, continued, or [
that the entire probation term
commence anew
] 
reinstated for all or a portion of the original term of probation
.
(iii) If a period of incarceration is imposed for a violation, the defendant shall be
sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
Subsection 
63M-7-404
(4), unless the judge determines that:
(A) the defendant needs substance abuse or mental health treatment, as determined by a
validated
 risk and needs 
screening or
 assessment, that warrants treatment services that are
immediately available in the community; or
(B) the sentence previously imposed shall be executed.
(iv) If the defendant had, prior to the imposition of a term of incarceration or the
execution of the previously imposed sentence under this Subsection (12), served time in jail as
a condition of probation or due to a violation of probation under Subsection 
77-18-1
(12)(e)(iii),
the time the probationer served in jail constitutes service of time toward the sentence
previously imposed.
(13) The court may order the defendant to commit himself or herself to the custody of
the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as
a condition of probation or stay of sentence, only after the superintendent of the Utah State
Hospital or the superintendent's designee has certified to the court that:
(a) the defendant is appropriate for and can benefit from treatment at the state hospital;
(b) treatment space at the hospital is available for the defendant; and
(c) persons described in Subsection 
62A-15-610
(2)(g) are receiving priority for
treatment over the defendants described in this Subsection (13).
(14) Presentence investigation reports are classified protected in accordance with Title
63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
63G-2-403
 and 
63G-2-404
, the State Records Committee may not order the disclosure of a
presentence investigation report. Except for disclosure at the time of sentencing pursuant to
this section, the department may disclose the presentence investigation only when:
(a) ordered by the court pursuant to Subsection 
63G-2-202
(7);
(b) requested by a law enforcement agency or other agency approved by the department
for purposes of supervision, confinement, and treatment of the offender;
(c) requested by the Board of Pardons and Parole;
(d) requested by the subject of the presentence investigation report or the subject's
authorized representative; or
(e) requested by the victim of the crime discussed in the presentence investigation
report or the victim's authorized representative, provided that the disclosure to the victim shall
include only information relating to statements or materials provided by the victim, to the
circumstances of the crime including statements by the defendant, or to the impact of the crime
on the victim or the victim's household.
(15) (a) The court shall consider home confinement as a condition of probation under
the supervision of the department, except as provided in Sections 
76-3-406
 and 
76-5-406.5
.
(b) The department shall establish procedures and standards for home confinement,
including electronic monitoring, for all individuals referred to the department in accordance
with Subsection (16).
(16) (a) If the court places the defendant on probation under this section, it may order
the defendant to participate in home confinement through the use of electronic monitoring as
described in this section until further order of the court.
(b) The electronic monitoring shall alert the department and the appropriate law
enforcement unit of the defendant's whereabouts.
(c) The electronic monitoring device shall be used under conditions which require:
(i) the defendant to wear an electronic monitoring device at all times; and
(ii) that a device be placed in the home of the defendant, so that the defendant's
compliance with the court's order may be monitored.
(d) If a court orders a defendant to participate in home confinement through electronic
monitoring as a condition of probation under this section, it shall:
(i) place the defendant on probation under the supervision of the Department of
Corrections;
(ii) order the department to place an electronic monitoring device on the defendant and
install electronic monitoring equipment in the residence of the defendant; and
(iii) order the defendant to pay the costs associated with home confinement to the
department or the program provider.
(e) The department shall pay the costs of home confinement through electronic
monitoring only for those persons who have been determined to be indigent by the court.
(f) The department may provide the electronic monitoring described in this section
either directly or by contract with a private provider.
Section 4. Section 
77-27-5.4
 is amended to read:
77-27-5.4.
Earned time program.
(1) The board shall establish an earned time program that reduces the period of
incarceration for offenders who successfully complete specified programs, the purpose of
which is to reduce the risk of recidivism.
(2) The earned time program shall:
(a) provide not less than four months of earned time credit 
each
 for the completion of
[
the highest ranked priority in the offender's case action plan;
] 
up to two programs that:
(i) are approved by the board in collaboration with the Department of Corrections; and
(ii) are recommended programs that are part of the offender's case action plan; and
[
(b) provide not less than four months of earned time credit for completion of one of
the recommended programs in the offender's case action plan; or
]
[
(c)
] 
(b)
 allow the board to grant in its discretion earned time credit in addition to the
earned time credit provided under [
Subsections
] 
Subsection
 (2)(a) [
and (b)
].
(3) The 
earned time
 program may not provide earned time credit for offenders:
(a) whose previously ordered release date does not provide enough time
, including time
for transition services,
 for the Board of Pardons and Parole to grant the earned time credit;
(b) who have been sentenced by the court to a term of life without the possibility of
parole; [
or
]
(c) who have been ordered by the Board of Pardons and Parole to serve a life
sentence[
.
]
;
(d) who do not have a current release date; or
(e) who have not met a contingency requirement for release that has been ordered by
the board.
(4) The board may order the forfeiture of earned time credits under this section if [
the
offender commits a major disciplinary infraction
] 
it determines a rescission hearing is
necessary
.
(5) The department shall notify the board not more than 30 days after an offender
completes [
a priority in the case action plan
] 
a program as defined in Subsection
77-27-5.4
(2)(a)
.
(6) The board shall collect data for the fiscal year regarding the operation of the earned
time credit program, including:
(a) the number of offenders who have earned time credit under this section in the prior
year;
(b) the amount of time credit earned in the prior year;
(c) the number of offenders who forfeited earned time credit; and
(d) additional related information as requested by the Commission on Criminal and
Juvenile Justice.
(7) The board shall collaborate with the Department of Corrections in the
establishment of the earned time credit program.
(8) To the extent possible, programming and hearings shall be provided early enough
in an offender's incarceration to allow the offender to earn time credit.
Legislative Review Note
Office of Legislative Research and General Counsel