SB 105 – Early termination of probation

Sponsored by: Brian Strickland, John Kennedy, Bruce Thompson, Tonya Anderson, Ben Watson

Summary:

• Requires the court to set a termination hearing no more than 90 days after receiving an order to terminate (lines 46-18)
• Requires a court to set a hearing no more than 90 days after receiving a petition to shorten the period of active probation supervision or unsupervised probation (lines 107-110)
• Requires DCS to provide the court with an order to terminate probation and notify the prosecuting attorney simultaneously if early termination is recommended in the written report of a probationer’s progress.
• Revises the timeline for termination by dropping the requirement that a case have included a probated sentence of three years or more in order to be eligible for termination; by limiting the duration within which a probationer must not have had probation revoked (to be eligible for termination) from the entire probationary period to the immediately preceding 24 months; and requires the court to set a hearing within 90 days of receiving a termination order (lines 181-199)

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