http://theadvocate.posterous.com The online presence of the Kentucky Department of Public Advocacy journal posterous.com Mon, 10 Dec 2012 05:42:00 -0800 KY COA Nov 30 - Andrews - HB 463 and Probation http://theadvocate.posterous.com/ky-coa-nov-30-andrews-hb-463-and-probation http://theadvocate.posterous.com/ky-coa-nov-30-andrews-hb-463-and-probation

Andrews v. Commonwealth, 2011-CA-001360, Not to be published, -

The trial court revoked Andrews probation when it found a single positive drug test made him a significant risk to the community and that he could not be managed within the community.  After Andrews failed the drug test, he checked himself into a treatment center and was doing well.  The trial court revoked Andrews probation.

The Court of Appeals reversed, finding that HB 463 has a particular emphasis on using treatment to rehabilitate offenders and decrease overall costs, and that a failure to comply with a condition of probation is no longer sufficient to automatically justify revocation of probation. 

The Commonwealth must now prove by a preponderance of the evidence that the probationer poses a significant threat to prior victims or the community and cannot be managed in the community. Here, Andrews was doing well on probation (except for single drug test failure) and doing well in a community-based treatment program. The Court also took issue with the trial judge’s consideration of Andrew’s initial denial of his need for treatment: “Andrews should not be barred from accessing treatment now simply because he previously denied he had a substance abuse problem or needed treatment.  If we were to allow revocation of probation under these circumstances, it would negate the entire statutory change to the probation revocation process and the purposes underlying House Bill 463.”

Contributed by Shannon Smith

 

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Fri, 13 Jul 2012 10:14:00 -0700 Kentucky Pretrial Services Legislative Impact Report http://theadvocate.posterous.com/kentucky-pretrial-services-legislative-impact http://theadvocate.posterous.com/kentucky-pretrial-services-legislative-impact

Kentucky Pretrial Services recently published, Report on Impact of House Bill 463: Outcomes, Challenges and Recommendations. The purpose of the report is to measure the impact of HB 463, which implemented sweeping changes to many aspects of the criminal justice system in Kentucky. The report examined data a year prior and a year after implementation and found that as the number of monitored conditional releases went up, pretrial failures decreased. 

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Tue, 03 Jan 2012 03:43:00 -0800 Herald-Leader article about early release and HB 463 http://theadvocate.posterous.com/herald-leader-article-about-early-release-and http://theadvocate.posterous.com/herald-leader-article-about-early-release-and

Early releases will put penal code reform to test - Lexington Herald-Leader

It has been nearly six months since the most sweeping changes to Kentucky's penal code in decades, but the first major test of the philosophy behind them will begin Tuesday when nearly 1,000 state prisoners are granted early release.

House Bill 463, the comprehensive and controversial overhaul that became state law June 8, was intended to save more than $40 million a year in Department of Corrections costs, with a large chunk of those savings being reinvested in community supervision and counseling programs to keep prisoners from ending up back behind bars on the taxpayers' dime.

The prisoners released Tuesday will be monitored by the department of probation and parole for the last six months of their sentences. If successful, the state could see millions of dollars in savings from the first batch of releases alone.

The average yearly cost to incarcerate a state prisoner in Kentucky is $21,906, according to data from the Department of Corrections. The average cost to supervise out-of-custody criminals is a fraction of that — $987.Savings probably won't be calculable until later this year, Kentucky Justice Cabinet Secretary J. Michael Brown said. Other portions of the bill are still works in progress.


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Mon, 02 Jan 2012 15:06:00 -0800 Louisville Courier-Journal article about proposed amendments to PFOs http://theadvocate.posterous.com/louisville-courier-journal-article-about-prop http://theadvocate.posterous.com/louisville-courier-journal-article-about-prop

Public defenders seek changes to Kentucky repeat-offender law - Louisville Courier Journal

 

Prosecutors view the harsher penalties as a tool to crack down on career criminals and counteract the effects of early-release programs.

But since 1980, the number of state inmates sentenced under the PFO law has grown from 79 to more than 4,000, costing Kentucky taxpayers nearly $89 million in incarceration costs each year. Critics say that’s too much, given the state’s budget problems.

“We really can’t afford to continue this policy,” said Ed Monahan, head of the Kentucky Department of Public Advocacy.

The department, long opposed to the 35-year-old law, hopes to make its most forceful push to date for “modest adjustments” during the 2012 legislative session.

...

“Our major point is, this is costing Kentucky a lot of money and it is being applied to inmates who don’t fit the criteria of being incorrigible,” he said. “We ought to start to make modest adjustments that won’t in any way affect public safety.”

click here for complete article

 

 

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Fri, 16 Dec 2011 09:12:00 -0800 KY To Release 1,000 Inmates Six Months Early Under New Law - Louisville Courier Journal http://theadvocate.posterous.com/ky-to-release-1000-inmates-six-months-early-u http://theadvocate.posterous.com/ky-to-release-1000-inmates-six-months-early-u

996 Kentucky inmates get out early in new prison plan

Easing transition, fighting recidivism are main goals

Kentucky is poised to release nearly 1,000 inmates about six months early as part of a mandatory new program aimed at easing their transition back into the community, reducing recidivism and helping trim its corrections budget by about $40 million next year.

 By providing support in such areas as finding jobs and homes in their first few months outside prison, the new program — part of a major corrections overhaul passed earlier this year — attempts to lessen the chances that offenders will commit new crimes, Justice Cabinet Secretary J. Michael Brown said.

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Fri, 30 Sep 2011 11:20:00 -0700 October 2011 Advocate now available http://theadvocate.posterous.com/october-2011-advocate-now-available http://theadvocate.posterous.com/october-2011-advocate-now-available

DPA October Advocate Cover 

DPA October 2011 Advocate 

Full Article of An Important Matter of Policy: Why Kentucky Appellate Courts Should Adopt De Novo Review of Pretrial Release Decisions

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Tue, 12 Jul 2011 05:57:00 -0700 Fundamentals of Evidence-Based Policy-Making http://theadvocate.posterous.com/fundamentals-of-evidence-based-policy-making http://theadvocate.posterous.com/fundamentals-of-evidence-based-policy-making

Evidence-based policy-making is an attempt to identify and adopt policies scientifically proven to achieve desired results.  In the area of criminal justice, the ultimate goal is to reduce crime while at the same time reducing spending.  Believe it or not, this has been accomplished in many states.

So what are the fundamentals of evidence-based policy making in the criminal justice system?  What principles result in less crime at lower cost? Here they are:

  • Sort offenders scientifically by risk – Save the expensive jail and prison space for people who are statistically high risk.  In bond decisions, sentencing decisions, and parole board decisions, seek to avoid incarceration of low and moderate risk individuals and adopt community-based alternatives instead.
  •  Base intervention programs on science – Literally thousands of programs all over the country have been studied and evaluated for their success in reducing things such as failure to appear, committing new crimes while out on bail, and recidivism after re-entry into the community.  The research is ample and best practices are being identified.  Just as an example, the research is clear that most programs need to invest more in supervision of people identified as high risk and less in supervision of low and moderate risk individuals.  Implementation of evidence-based practices results in average decrease in crime of 10 to 20 percent.
  • Harness technology – Technological innovations have made supervision of people before trial, on probation, or on parole, much easier and effective.
  • Make sanctions for violations certain and proportionate – Probation officers with high caseloads, a lack of a range of appropriate sanctions, and who have to go through administrative hurdles to get a sanction imposed,  often delay seeking sanctions until a really serious offense has been committed.  HB 463 introduces a mandate for graduated sanctions to be imposed on those who violate probation or parole and gives courts the ability to grant probation officers the authority to impose those sanctions without prior approval of the court for each violation.  This reduces delay, reduces time probation officers have to spend in court, and reduces time violators spend in jail.
  • Measure progress – Ways must be identified and adopted to measure progress throughout the entire criminal justice system.  Which jails, prisons are saving money?  What is happening to the recidivism rate?  Which circuits or districts are reducing failure to appear among those released prior to trial?  How many more people are paying restitution?  How many more people are completing treatment in community-based services rather than being incarcerated? 
  • Create incentives for success -  HB 463 contains provisions for creating incentives for success at many levels – that of the individual probationer or parolee, of a circuit or district court, of statewide programs.

For  a more extensive discussion of these principles and their use see the Kentucky Task Force on the Penal Code and Controlled Substances Act Report

Contributed by Glenn McClister

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Mon, 13 Jun 2011 11:11:00 -0700 Pretrial Release and HB463 http://theadvocate.posterous.com/pretrial-release-and-hb463 http://theadvocate.posterous.com/pretrial-release-and-hb463

Definition

KRS 446.010 Definitions for statutes generally
(33) "Pretrial risk assessment" means an objective, research based, validated assessment tool that measures a defendant's risk of flight and risk of anticipated criminal conduct while on pretrial release pending adjudication.

Use of the assessment tool is required. Courts should not be able to detain accused persons pretrial based on a personal opinion or an intention to punish the defendant for a crime of which he has not yet been convicted.


Limits on Pretrial Incarceration

New Section of KRS 431
In considering pretrial release, courts shall consider three factors:

  •  Is the defendant a flight risk?
  •  Is the defendant unlikely to appear for trial?
  •  Is the defendant likely to be a danger to the public if released?

If the defendant is LOW risk, LIKELY to appear for trial, and NOT LIKELY to be a danger to others, the court shall order the defendant released on ROR or unsecured bond.


If the defendant is MODERATE risk of flight, nonappearance, or danger to others, the court shall order defendant released on ROR or unsecured bond, but shall consider ordering GPS monitoring, drug testing, increased supervision, or other conditions.


KRS 431.525 Conditions for establishing amount of bail
Maximum Amount of Pretrial Bond for Misdemeanors
When a person is charged with one or more misdemeanors, bail shall be a single amount no higher than the fine and costs for a single count of the highest misdemeanor charged. This only applies if charged misdemeanors do not involve physical injury or sexual contact.

Maximum Amount of Bail on Appeal
If a person is convicted of a misdemeanor that does not involve physical injury or sexual contact and sentenced to a sentence other than a fine only, bail for release on appeal shall not exceed double the amount of the maximum fine for one count of the highest misdemeanor. If the person was sentenced to a fine only, bail for release on appeal shall not exceed the amount of the fine.
The limits herein shall not apply if the defendant is found to be flight risk or danger to others, but a court denying release based on these factors much document the reasons for the denial in a written order.

New Section of KRS 218A
Any statute to the contrary notwithstanding, a person charged with a 218A offense which may result in presumptive probation (i.e. Possession of Controlled Substance First Degree or Trafficking Controlled Substance Third Degree) shall be released on ROR bond or unsecured bond unless he is found to be flight risk or danger to self or others. If he is not released, the court shall document the reasons in a written order.


Bail Credit for Pretrial Incarceration


Included in the New Section of KRS 431
Regardless of amount of bail, court shall permit credit of $100 per day toward bail, for each day or portion of day in jail. Upon service of sufficient days to satisfy bail, court shall order release. The jailer is responsible for tracking credit.

Release does not happen automatically, but the court must “order the defendant released” after “service of sufficient days in jail”. This means attorneys might need to file motions, depending on a judge’s practices. It will also likely raise client phone calls and complaints for extra days served unless an efficient system for release is developed.The Bail Credit does not apply to anyone found to be a flight risk or danger to others. It also does not apply to anyone convicted (not charged) of:

  • a felony sex offense (KRS 510),
  • 529.100 (Human Trafficking involving commercial sexual activity),
  • 530.020 (Incest),
  • 530.064(1)(a)(Unlawful Transaction with a Minor (Sex)),
  • 531.310 (Use of Minor in Sexual Performance), or
  • 531.320 (Promoting Sexual Performance by Minor),
  • Or who is a Violent Offender.

If a defendant is not released, the court shall document reasons in a written order.


Practice Tip: The Bail Credit does apply in felony cases. Attorneys will want to compare bonds after the effective date of the statute to the historical bonds of a court. If a court that traditionally set a $5000 bond for an offense suddenly starts setting $25,000 bonds for the same offense, it should be challenged as an attempt by the court to circumvent the Bail Credit.


Observation: The amended 431.525 and the new section of KRS 431 appear to be inconsistent. Under the new section, non-financial bond is required unless the defendant is found to be a high (i.e. not low or moderate) risk of flight, non-appearance, or danger. The limits on pretrial bail in 431.525 and the bail credits would only arise when financial bail is permissible, but then specifically do not apply if the defendant is a flight risk or danger. It would seem any defendant who is not a flight risk/danger would be entitled to ROR/unsecured and any defendant who is a flight risk/danger would not be entitled to the limits or credit.

New Guidelines Coming…


New Section of KRS 27A (Court of Justice)

The Supreme Court shall establish guidelines for judges to use for defendants whose pretrial risk assessments are moderate or high risk, both those who would be ordered to jail and those who are eligible for supervision.


Judges shall consider the guidelines.
The clear intent is that the Supreme Court will provide guidance so that even moderate and high risk defendants may be released with conditions.


Overall Observation of Pretrial Release Changes: Aggressive bail appeals under Rule of Criminal Procedure 4.43 will be necessary. If the new laws are applied as written, pretrial detention will be reduced significantly. Unless their practices were already very favorable to pretrial release, courts that do not change detention practices will either be in violation of the new laws or bending the new laws to fit their current practices. Either way, appellate review should be sought often and early to establish consistent implementation of the law, hopefully as the legislature intended.

Contributed by Damon Preston

Complete Overview and Commentary: House Bill 463 - Public Safety and Accountability Act provided to participants today at DPA's 2011 Annual Conference. 

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Sun, 12 Jun 2011 08:43:00 -0700 Background: HB 463 as Evidence-Based Policy-Making http://theadvocate.posterous.com/background-hb-463-as-evidence-based-policy-ma http://theadvocate.posterous.com/background-hb-463-as-evidence-based-policy-ma

It is evident to anyone who surveys the contents of HB 463 that it is a penetrating reform affecting almost every facet of the criminal justice system.  But it is more than that.  It is, in fact, the instantiation of a coherent set of policy decisions which all have one thing in common:  they have been proven to work.  The best way to understand why HB 463 makes the changes it does is to understand HB 463 as a model of evidence-based policy-making.

Evidence-based policy-making is being applied throughout the criminal justice system nationwide - from best ways to deal with status offenders in juvenile court to best practices in re-entry of adult offenders back into the community.  The PEW Center for the States helps states to identify evidence-based policies and incorporate those policies into effective legislation. 

Here is a link to their report on Kentucky.  The final report of the Kentucky Task Force on the Penal Code and Controlled Substances Act, incorporating PEW suggestions into the Kentucky justice system, can be found here.  (Note: HB 463 did not include every recommendation in the report.)

Contributed by Glenn McClister

 

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Thu, 09 Jun 2011 09:29:00 -0700 Louisville Courier Journal Article on Impact of HB 463 on Misdemeanor Arrests http://theadvocate.posterous.com/louisville-courier-journal-article-on-impact http://theadvocate.posterous.com/louisville-courier-journal-article-on-impact

New law will reduce arrests for misdemeanors in Kentucky

Under a new law designed to ease jail overcrowding, police officers will have to issue citations rather than make arrests for dozens of misdemeanors, as long as they believe the suspect is no danger to himself or others and will appear in court to answer the charge.

The law also reduces some felony drug charges to misdemeanors that require citations rather than arrest, such as second-degree possession of a controlled substance.

The changes were pushed by advocates who say there typically is no reason for people charged with misdemeanor crimes to spend time in jail, with taxpayers footing the bill.

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Thu, 09 Jun 2011 06:15:00 -0700 Policy Pronouncements - HB 463 http://theadvocate.posterous.com/policy-pronouncements-hb-463 http://theadvocate.posterous.com/policy-pronouncements-hb-463

In all motions arguing for application of the new statute, the stated policies of the legislature should be cited.


New Section of KRS 532

It is the sentencing policy of the Commonwealth of Kentucky that:
(1) The primary objective of sentencing shall be to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced;
(2) Reduction of recidivism and criminal behavior is a key measure of the performance of the criminal justice system;
(3) Sentencing judges shall consider:

(b) The likely impact of a potential sentence on the reduction of the defendant's potential future criminal behavior;

Observation - Under what situations would sentencing a defendant to prison improve the outcome for the defendant? Rarely, one would think. Unless prison is necessary to maintain public safety, community supervision with appropriate conditions will usually best meet the stated “sentencing policy of the Commonwealth of Kentucky.”


Practice Tip – Be prepared to argue Separation of Powers if a judge decides not to follow the legislatively enacted sentencing policy of the Commonwealth. Under Section 28 of the Kentucky Constitution, no branch of government may exercise power belonging to another branch. “Sentencing policy” is clearly within the exclusive jurisdiction of the legislative branch and it is for the judicial branch to apply the law as written.


New Section of KRS 218A
The General Assembly hereby finds, determines, and declares that:

(1) The regulation of controlled substances in this Commonwealth is important and necessary for the preservation of public safety and public health; and
(2) Successful, community-based treatment can be used as an effective tool in the effort to reduce criminal risk factors. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and validated research-based assessment tools and professional evaluations offer a potential alternative to incarceration in appropriate circumstances and shall be used accordingly.

Included in New Section of KRS 532 (above)

It is the sentencing policy of the Commonwealth of Kentucky that:


(4) All supervision and treatment programs provided for defendants shall utilize evidence-based practices to reduce the likelihood of future criminal behavior


KRS 446.010 Definitions for statutes generally

(15) "Evidence-based practices" means policies, procedures, programs and practices proven by scientific research to reliably produce reductions in recidivism when implemented competently.
Throughout the bill, “evidence-based practices” is a point of emphasis. Pretrial release, probation and parole supervision, and all decisions throughout should be based upon evidence. Myths and personal opinions are not sufficient to support decisions made under any provision of the bill.

Contributed by Damon Preston

the  bill.

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Wed, 08 Jun 2011 13:24:00 -0700 Retroactivity and HB 463 http://theadvocate.posterous.com/retroactivity-and-hb-463 http://theadvocate.posterous.com/retroactivity-and-hb-463

Defendants with pending cases on or after June 8, 2011 should be able to “opt in” to applicable provisions of HB 463.
446.110 Offenses committed and rights accruing prior to repeal of law.

No new law shall be construed to repeal a former law as to any offense committed against a former law, nor as to any act done, or penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising before the new law takes effect, except that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of such proceedings. If any penalty, forfeiture or punishment is mitigated by any provision of the new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect.

Two requirements must be met for a defendant to be entitled to have the new law applied to him:

1. Prior penalties under the law have to be “clearly mitigated” by the new law, and

2. The defendant has to give unqualified consent to having the new law applied to his case.

Commonwealth v. Phon, 17 S.W.3d 106 (Ky. 2000); Rogers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009)
Formal written motions should be filed to ensure the benefits of the new legislation or to preserve any issue relating to applicability of the new law. The motion should explain why the new provision is “clearly mitigating” and express the unqualified consent of the defendant to the application of the new provision.

Contributed by Damon Preston

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Wed, 08 Jun 2011 12:05:00 -0700 New AOC Forms related to HB 463 and other new laws http://theadvocate.posterous.com/new-aoc-forms-related-to-hb-463-and-other-new http://theadvocate.posterous.com/new-aoc-forms-related-to-hb-463-and-other-new

Are now available on this page

 

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Tue, 07 Jun 2011 11:15:00 -0700 HB 463 Official Certified Copy Now Available http://theadvocate.posterous.com/hb-463-official-certified-copy-now-available http://theadvocate.posterous.com/hb-463-official-certified-copy-now-available

Most of the provisions of historic House Bill 463 become effective today.  Representing one of the most sweeping and comprehensive reforms of the criminal justice system in Kentucky in decades, the legislation is based on models which evidence shows have been effective in other states in not only lowering systemic costs but lowering recidivism as well. 

Here is the certified copy and all the statutes effected by HB 463 which are either already in effect or go into effect today.  Once legislation is passed it goes to the revisor of statutes to codify the legislated amendments and additions into the statutes effected by that legislation.  The only “official” or “final” copy of what those new or amended statutes look like belongs to the revisor of statutes.  These are all the statutes effected by HB 463 in their new and final form, including the emergency provisions regarding conditional discharge revocations and those which take effect today.  Those sections which will not take effect till 2012, 2013, etc. are NOT included.  The revisor of statutes has also provided a copy of his certification of the accuracy/authenticity of this copy of the newly revised statutes (he will keep the original on file in his office, as it says in the certification).

The statutes you’ll want to look at first include the KRS 218A statutes, KRS 431 statutes, KRS 532.080, and KRS 534.   

Contributed by Glenn McClister

Other HB 463 related resources

June 2011 Edition of The Advocate Newsletter

DPA District Court Manual (updated to include HB 463)

Stay tuned to this blog or subscribe to updates through email, Twitter or Facebook for more news about HB 463 implementation. 

 

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Sat, 30 Apr 2011 04:54:00 -0700 DPA District Court Manual Now Updated to Include HB 463 Other New Legislation http://theadvocate.posterous.com/dpa-district-court-manual-now-updated-to-incl-0 http://theadvocate.posterous.com/dpa-district-court-manual-now-updated-to-incl-0

The third edition of the District Court Manual (47 pages) is now available. 

Revised to include the new pretrial risk assessment scoring used by AOC as of March 1, 2011 and to include all the new provisions of HB121 and HB463 which apply to district court practice – including the very important new provisions regarding arrest, bail and the changes to enhanceable offenses.  The relevant caselaw is up to date and new sections on appealing bail in district court and on earning credit toward old fines and costs under HB 463 have also been included.

Contributed by Glenn McClister  

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Tue, 19 Apr 2011 09:41:00 -0700 "Kentucky’s overhaul of its criminal justice system this spring is a textbook example of genuine bipartisanship" - The Crime Report http://theadvocate.posterous.com/kentuckys-overhaul-of-its-criminal-justice-sy http://theadvocate.posterous.com/kentuckys-overhaul-of-its-criminal-justice-sy

How a ‘Tough-on-Crime’ State Became Smart on Crime

For three decades, Kentucky politicians proved they were tough on crime. At every opportunity, they stiffened sentences and added offenses to the state’s penal code.

They nearly bankrupted the state.

more...

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Sun, 13 Feb 2011 05:40:00 -0800 Kentucky Penal Code Reform Bill Filed http://theadvocate.posterous.com/kentucky-penal-code-reform-bill-filed http://theadvocate.posterous.com/kentucky-penal-code-reform-bill-filed

Newspaper coverage of the bill

Louisville Courier Journal  Bills aim to cut prison costs, improve drug treatment

Lexington Herald Leader Kentucky drug laws would change under new proposal

Below is a summary of the bill by former Public Advocate Ernie Lewis ( caveat - I have been reviewing numerous drafts, and could easily have made a mistake in the summary. If you have a question about a provision, please go online to read the entire bill.) HB 463 and SB 161

There are several very progressive reforms undertaken in this legislation, including the following:

  • Establishes quantities for trafficking in controlled substances.
  • Changes the 1000 yards to 1000 feet in 218A.141.
  • Eliminates the enhancer for possessory drug offenses. 
  • Lowers penalties for trafficking 2nd, creating a mini-Class D for first offenses.
  • Lowers penalties for trafficking 3rd.
  • Lowers penalties for possession 1st to a mini-Class D.
  • Creates deferred prosecution as a preferred alternative for possession 1st cases and 2nd, with presumptive probation as the other alternative.   Presumptive probation is required for second offenses unless the person is ineligible.
  • Marijuana possession is a Class B misdemeanor punishable by 1-45 days.
  • Significant changes are made to pretrial release.  For example, if presumptive probation is the possible sentence, the court must release the defendant on an OR or unsecured bond unless written findings are made.
  • Deferred prosecutions are created similar to pretrial diversion.
  • Evidence based practices, including the use of risk and needs assessments, permeate the bill.  This is especially so for probation and parole. 
  • Changes are made to eliminate double enhancements.  Possession cannot be PFO'd, although it can be used as a prior.
  • Citations will be required for all Class B misdemeanors and most Class A misdemeanors. 
  • Pretrial release is changed significantly.  If a person is indigent he must be released on an OR or unsecured bond unless he is not a flight risk, a danger to himself or others, or unlikely to appear for trial. 
  • A system of graduated sanctions is created for persons on probation and parole whereby revocations won't have to take place.  Probation and Parole will also have an administrative caseload with lesser supervision and an early means of termination for persons on probation. 

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