SPONSOR: Cook
This bill requires a sentencing calculation, including jail time credit, to be included in the information provided to the Department of Corrections at or before the time an offender is delivered to the Department.
The bill repeals a provision that does not consider an offender's first incarceration in a Department of Corrections long-term substance abuse program or 120-day program as a previous prison commitment for the purpose of determining a minimum prison term. The bill repeals provisions related to conditional release.
The bill adds to the definition of "dangerous felony": abuse through forced labor; labor and sex trafficking; sex trafficking of a child; and a third violation of failure to register as a sex offender.
The bill amends provisions related to minimum prison terms as follows:
(1) For a class A felony, an offender must serve between 60% and 80%;
(2) For a class B felony, an offender must serve between 40% and 60%;
(3) For a class C felony, an offender must serve between 30% and 50%; and
(4) For a class D or E felony, an offender must serve between 17% and 37%.
If the court does not impose a specific percentage of a prison term that must be served, the minimum percentage of the term associated with the felony class will be the required term. The bill provides calculations for when consecutive or concurrent sentences are imposed by the court.
The bill modifies provisions related to credit for time served, including requiring the court to, when pronouncing sentence or executing a suspended sentence or suspending the imposition of a sentence, record the number of days the person spent in prison, jail, or custody due to the offense after the offense occurred and before the pronouncement of the sentence or the suspension of imposition of the sentence. The jail time credit calculation will be pronounced at the time of the judgment, execution of a suspended sentence, or the suspension of imposition of sentence. Upon motion by the defendant, the court can also award jail time credit for any person who was held in a juvenile detention facility for an offense for which the person was subsequently certified to stand trial as an adult.
Currently, a sentencing court can, upon petition, reduce a term of sentence or probation or conditional release if the person is not a prior offender, a persistent offender, or an unclassified offender as defined in the section related to minimum terms of imprisonment. This bill repeals that authorization.
This bill is similar to HB 2637 and SB 882 (2026).
Statutes affected: