SB 960 - Under current law, certain offenders may receive earned compliance credits to reduce their term of probation, parole, or conditional release. This act repeals these provisions regarding earned compliance credits for offenders. Additionally, under current law, a final order of discharge cannot be issued to an offender until three years after the date on which the offender was paroled or conditionally released. Under this act, the Division of Probation and Parole may file a notification of earned discharge for an offender if he or she has completed at least 12 months of probation and is compliant with the terms of supervision as ordered by the court and Division. The Division shall notify the prosecuting or circuit attorney of the county having jurisdiction of the defendant's probation when a notification of earned discharge has been filed.
The Division may not file a notification of completion for an offender who has not paid the ordered restitution in full, is on a term of probation for any Class A or B felony, or subject to lifetime supervision under the law.
Within 30 days of the filing of a notification of earned discharge, the court shall order the offender discharged from probation unless the court finds discharge is not appropriate after holding a hearing on the matter within 60 days of notification of earned discharge.
A prosecuting or circuit attorney may request a hearing within 30 days after the notification of earned discharge has been filed with the court. At a hearing, the prosecuting attorney has the burden of establishing by the preponderance of the evidence that the earned discharge is not appropriate. The court may modify the conditions of probation as appropriate and may order the defendant's continued supervision by with the Division or court.
MARY GRACE BRUNTRAGER