HB 1242

Abstract

Probation violations; periods of probation andsuspension; technical violations. Provides that the court mayfix the period of probation and the period of suspension for up tothe statutory maximum period for which the defendant might originallyhave been sentenced to be imposed for any offense; however, the courtmay fix the period of probation or suspension for up to two yearsfor an offense punishable as a Class 1 or Class 2 misdemeanor ifthe sentence does not include any active period of incarceration.Currently, the limitation on periods of probation and periods ofsuspension is up to the statutory maximum period of imprisonmentfor any offense. The bill also specifies that a probationer's failureto maintain contact with the probation officer without reasonable excuse or justification whereby his whereabouts are no longer knownto the probation officer shall not be treated as a technical violation;accordingly, if the court finds the basis of a violation is a probationer'sfailure to maintain such contact without reasonable excuse or justification,then the court is not subject to the limitations on sentencing andmay revoke the suspension and impose or resuspend any or all of theperiod previously suspended.