The proposed bill amends the Probation and Parole Act to establish a system of graduated responses for handling technical violations by parolees and probationers. It mandates the corrections department to develop a structured approach that includes presumptive sanctions based on the severity of violations, the individual's criminal history, and their assessed risk level. The bill also emphasizes the importance of positive reinforcements for compliance and requires that all graduated sanctions be exhausted before pursuing revocation of parole or probation. Additionally, it introduces new definitions for terms such as "absconding," "technical violation," and "validated risk and needs assessment instrument," which clarify the conditions under which sanctions may be applied.

Furthermore, the bill outlines specific procedures for addressing technical violations, including a tiered system of incarceration based on the number of violations. For instance, a first technical violation may result in up to fifteen days of incarceration, while subsequent violations could lead to longer periods of detention. The bill also allows for harsher sanctions for individuals with serious violent offenses if a direct relationship between the violation and the offense is established. Overall, the legislation aims to create a more systematic and rehabilitative approach to managing probation and parole violations, enhancing both accountability and support for individuals under supervision.

Statutes affected:
introduced version: 31-21-5, 31-21-14