HB 550 Roberts, Lane
HB 550 -- EARNED DISCHARGE
SPONSOR: Roberts
The Division of Probation and Parole, within the Department of Corrections, shall file a notification of earned discharge from probation with the court for any eligible defendant who has completed at least two years of their probation term, paid restitution in full, and complied with the terms of their supervision, as determined by the Division's policies. Exceptions to eligibility are specified in the bill.
The prosecuting or circuit attorney must be notified when a notification of earned discharge is filed, and has 30 days to request a hearing. If the state opposes the discharge of the defendant, the attorney shall argue that earned discharge is not appropriate. The court must hold the hearing and issue its order no later than 60 days after the notification of earned discharge has been filed. If the court finds that earned discharge is not appropriate, they shall order that probation continue and may modify the conditions of continued probation.
If the prosecuting or circuit attorney does not request a hearing, and the court does not order one, the court shall order the defendant discharged from probation within 60 days of the filing of the notification of earned discharge from probation, but no earlier than 30 days from the filing.
The bill also repeals existing provisions related to earned credit.