HB 849

Abstract

Limitation on sentence upon revocation of suspensionof sentence; technical violations; penalty. Provides that a courtmay impose not more than 30 days of active incarceration upon a firsttechnical violation of the terms and conditions of a suspended sentenceor probation and may impose not more than 90 days of active incarcerationfor a second technical violation. Under current law, the court isprohibited from imposing active incarceration for a first technicalviolation and there is a presumption against imposing a sentenceof a term of active incarceration; however, if the court finds, bya preponderance of the evidence, that the defendant committed theviolation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than14 days of active incarceration.