This bill corrects an oversight regarding the need for prosecutor approval for a probation revocation motion and clarifies who may withdraw probation revocation motions and file motions to transfer hearings on probation revocation motions. The bill provides that information from a victim obtained by the Department of Corrections for the purpose of evaluating the ability of a person in the custody or under the supervision of the department to participate in a community-based program is privileged from disclosure. The bill adds a cross-reference in a victims’ rights statute to a Department of Corrections confidentiality provision. It also provides that the deputy commissioner of the Department of Corrections may exercise the powers of the Commissioner of Corrections when the office of the commissioner is vacant or the commissioner is absent or disabled.

Statutes affected:
Bill Text LD 2161, HP 1450: 17-A.1810, 17-A.1811, 17-A.1812, 17-A.2109, 34-A.1401