ALTERNATIVES TO MEETING IN-PERSON
This bill requires a probation officer to set any required meetings at times and locations that reasonably accommodate the work schedule of the probationer. Upon approval from the department of correction ("department"), the probation officer may:
(A) Utilize a technology portal that allows communication between the probationer and the probation officer to occur in real time by voice and video in place of an in-person meeting between the probationer and the probation officer; or
(B) Allow an employer to submit weekly reports verifying the probationer's current employment in place of reporting in-person to the probation officer. Prior to ordering this modification, the sentencing court must consider the defendant's and employer's suitability for this reporting requirement. Such consideration must include a review of the severity of the defendant's underlying criminal conviction and the defendant's criminal history, supervision level, and past supervision history.
RULE MAKING - REQUIREMENTS
This bill requires the department to promulgate rules governing a defendant's eligibility for video reporting. Rules must include (i) minimum standards and guidelines for the authorized technology; (ii) minimum standards and guidelines for how the technology may be used; and (iii) standards for determining the eligibility and suitability of a defendant to meet reporting requirements through the use of such technology.
Additionally, this bill provides that the eligibility and suitability standards under (iii) above must include consideration of the severity of the defendant's underlying criminal conviction and the defendant's criminal history, supervision level, and past supervision history.
MODIFICATION OF CONDITIONS OF SUPERVISION
Present law provides that during the term of probation supervision, the sentencing court, on its own motion or on application of a probation and parole officer; district attorney general; or the defendant, is authorized to (i) modify a condition, (ii) remove a condition, or (iii) release the defendant from further supervision as long as the release from supervision does not discharge the defendant from the remainder of the sentence, and the defendant remains within the jurisdiction and authority of the sentencing court until the sentence fully expires. During this period, the defendant's probation is subject to revocation.
This bill adds to the above list that a sentencing court is also authorized to modify the conditions of supervision to release a defendant from in-person reporting requirements.
ON MARCH 21, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2728, AS AMENDED.
AMENDMENT #1 makes the following changes to the bill:
(1) Deletes the provisions in the bill authorizing the probation officer to allow an employer to submit weekly reports verifying the probationer's current employment in place of reporting in person to the probation officer; and
(2) Deletes the provisions in the bill authorizing the sentencing court, on its own motion or on application of a probation and parole officer, district attorney general, or the defendant, to (i) modify a condition; (ii) remove a condition; (iii) release the defendant from further supervision; or (iv) modify the conditions of supervision to release a defendant from in-person reporting requirements.

Statutes affected:
Introduced: 40-35-303, 40-35-308
Amended with HA0635 -- 03/21/2024: 40-35-303, 40-35-308