The 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 and implement this system, which will include presumptive sanctions based on the severity of violations, the individual's criminal history, and other relevant factors. The bill also introduces definitions for terms such as "absconding," "technical violation," and "validated risk and needs assessment instrument," while specifying that presumptive sanctions must be exhausted before pursuing revocation of parole or probation. Additionally, it requires ongoing training for probation and parole officers on the use of these graduated sanctions.

Furthermore, the bill outlines specific procedures for addressing technical violations, including a tiered system of sanctions that escalates with repeated violations. For instance, the first technical violation may result in up to fifteen days of incarceration, while subsequent violations could lead to longer periods of detention. The bill 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 structured and rehabilitative approach to managing probation and parole violations.

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