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HB15-1122: Parole Application And Revocation

Criminal Justice
Bill Number: HB15-1122
Year: 2015
ACLU Position: Oppose
Sponsors: Fields

Description:

An inmate is ineligible for parole if the inmate:
• Has been convicted of a class 1 code of penal discipline violation within the 12 months preceding his or her next ordinarily scheduled parole hearing;
• Has, within the 12 months preceding his or her next ordinarily scheduled parole hearing, declined in writing to participate in programs that have been recommended and
made available to him or her; or
• Has a statutory discharge date or mandatory release date within 6 months following his or her ordinarily scheduled parole hearing.

If 2 schedules with different parole application hearing dates apply to the same inmate, the state board of parole (board) shall give effect to the schedule that includes the later parole application hearing date.

If the board revokes a parolee’s parole upon the request of the parolee, the board may revoke such parole for a period of time up to, and including, the remainder of the parolee’s sentence.

Under current law, the board must hold parole revocation hearings for parolees who are arrested for certain serious offenses unless a board member is advised that a criminal charge is still pending and no technical violations are alleged. The bill eliminates this condition concerning the allegation of technical violations.

The bill clarifies that:
• If an inmate applying for parole was convicted of any class 3 sexual offense, a habitual criminal offense, or any offense requiring the inmate’s designation as a sex offender, the
board need only reconsider granting parole to such inmate once every 3 years; and
• If an inmate applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, the board need only reconsider granting parole to such inmate once every 5 years.

The bill makes conforming amendments.


Current Status:

03/20/2015 - Governor Signed
03/12/2015 - Sent to the Governor
03/04/2015 - Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/25/2015 - Introduced In Senate - Assigned to Judiciary
01/16/2015 - Introduced In House - Assigned to Judiciary



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