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

Plain English Breakdown

The official source material does not provide specific details on the addition of new types of actions that count as technical violations or how individuals can defend themselves based on substantial compliance with probation obligations.

Limiting Punishment for Technical Violations

This law changes how courts handle technical violations during probation by limiting punishments and setting time limits for hearings.

What This Bill Does

• The court must treat multiple technical violations that occur after a previous hearing as one violation, not separate cases.
• If someone is taken into custody for a technical violation, the case must be heard within 14 days or the person can be released on bail unless they agree to stay in custody or there's proof of significant risk due to substance use disorder or mental illness.
• The law sets a maximum detention period of 30 days if someone is held awaiting judgment for a technical violation.

Who It Names or Affects

• People on probation who violate the terms of their probation
• Courts handling cases involving probation violations

Terms To Know

Technical violation

A minor breach of probation rules, like missing a meeting with a probation officer.

Substance use disorder

An illness where someone has trouble controlling their drug or alcohol use.

Limits and Unknowns

• The bill does not specify what happens if the court finds that the person's detention is necessary beyond 30 days.
• It doesn't explain how courts will determine significant risk based on substance use disorder or mental illness.

Official Summary Text

Limitation on sentence upon revocation of suspension of sentence; technical violations.
Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.

Current Bill Text

HB 1413

COURTS OF JUSTICE

1. Line 43, engrossed, after
any

strike

the remainder of line 43 and through
(b)
on line 44

COURTS OF JUSTICE

2. Line 44, engrossed, after
court

insert

, unless the court finds that the probationer has willfully failed to appear