HB 47

Abstract

Violation of the terms and conditions of a suspended sentence or probation; technical violations; penalty. Removesfrom the definition of technical violation, used for the purposes of limiting the amount of active incarceration a court can imposeas a result of a revocation hearing for a probation violation, violationsbased on a probationer's failure to (i) refrain from the use, possession,or distribution of controlled substances or related paraphernalia; (ii) refrain from the use, ownership, possession, or transportationof a firearm; (iii) gain permission to change his residence or remainin the Commonwealth or other designated area without permission ofthe probation officer; or (iv) maintain contact with the probationofficer whereby his whereabouts are no longer known to the probationofficer. Accordingly, if a court finds that a violation of the termsand conditions of a suspended sentence or probation is based on suchno-longer-technical violations, the court may revoke the suspensionand impose or resuspend any or all of the period previously suspended.