SB 110-254 contemplates changes to non-residential community corrections programs, insofar as it would permit time credit for these programs. Additionally, the bill creates criteria for when someone serving a sentence to community corrections may be considered for early termination of his or her sentence. Specifically,a defendant who has successfully completed the residential phase of a community corrections sentence, has paid the costs of the residential program in full, and is being supervised on nonresidential status at either a law or administrative level is eligible for consideration for early termination of his or her community corrections sentence by the court.
When an individual fits that criteria, their probation officer must submit a petition for early termination to the court, also notifying the district attorney and defendant of the petition’s filing. Also, the probation officer will provide victim notification where it is required to do so. Then, the court will decide whether to grant the petition based on factors enumerated in the proposed law: the defendant’s assessed risk of reoffense, victim input, the defendant’s compliance with the terms and conditions of the sentence or community corrections program, completion of any treatment required by the court or community corrections program, and other factors deemed relevant by the court.
If in fact termination is granted, any outstanding court-ordered restitution, costs, and fees may be converted to a civil judgment.
The bill additionally would remove the existing 25% cap on the amount of time credit deductions that can be awarded, and would give community corrections discretion in the forfeiting of time credits for those who abscond.
