The offense was nonviolent;

    The offender is a primary caretaker of a dependent person; and

    The offender did not commit an offense against the dependent person.

If the court determines that an offender is eligible, the court shall impose an individually assessed, community-based sentence, rather than incarceration, with the goal of rehabilitation and family unity and support.

Requirements of the community-based sentence shall include:

    That the primary caretaker is actively caring for the dependent;

    That the court of the county of the violation or arrest shall have original jurisdiction while the offender completes his or her community-based sentence;

    That any sentence or treatment issued by a court shall allow the offender to remain as close as possible to his or her dependent; and

    That the offender complete a community corrections program or complete the terms of the community-based sentence.

The court may modify or revoke the community-based sentence or the conditions of the sentence as provided in the act.

Under this act, the Department of Corrections shall report once per year the number of community-based sentences imposed, how many of the community-based sentences resulted in revocation, and the reason for each revocation. The Department of Social Services shall also report once per year the number of children entering foster care as a result of the revocation of a community-based primary caretaker sentence.

MARY GRACE BRUNTRAGER