AB 832

This bill limits the amount of time for which a sentencing court may sentence

a person to extended supervision for certain felonies, creates an earned compliance

credit for time spent on extended supervision or parole, and allows the sentencing

court to discharge a person early from extended supervision.

Under current law, a person who is imprisoned for a felony committed on or

after December 31, 1999, or a misdemeanor committed on or after February 1, 2003,

is sentenced to a bifurcated sentence, with the first portion of the sentence served in

confinement in prison and the second portion of the sentence served under extended

supervision in the community. Under current law, the sentencing court has

discretion in setting the length of confinement and the length of extended

supervision but generally, the length of confinement may not be more than 75 percent

of the total sentence and the length of extended supervision is capped based on the

classification of the crime committed. This bill reduces the cap for extended

supervision for a Class D felony from 10 years to 5 years.

Under current law, the Department of Corrections may not discharge a person

from extended supervision until the bifurcated sentence, as set by the sentencing

court, is complete. This bill allows the sentencing court to reduce the term of a

person's extended supervision and discharge the person from extended supervision

after he or she has served the lesser of three years or 50 percent of the term of

extended supervision without violating the conditions and rules of supervision if the

person has met all of his or her financial obligations, is not required to register as a

sex offender, and is serving a sentence for a crime that is not a crime against life or

bodily security or a specified crime against a child.

Under current law, a person's extended supervision or parole may be revoked

if he or she violates a condition of the extended supervision or parole. Under current

law, if extended supervision or parole is revoked, the Division of Hearings and

Appeals, or DOC if the person has waived a hearing, may order incarceration for up

to the length of the original sentence, less any time actually served in confinement

and less any credit for good behavior. Under this bill, a person receives an earned

compliance credit for time served on extended supervision or parole without any

condition or rule violations before the condition or rule violation that precipitated the

revocation occurred. Under the bill, a person is eligible to receive earned compliance

credit for time served on extended supervision or parole only if the person is not

required to register as a sex offender and is serving a sentence for a crime that is not

a crime against life or bodily security or a specified crime against a child. Under the

bill, if a person's extended supervision or parole is revoked, he or she may be

incarcerated for up to the length of the original sentence, less any credit for time

served in confinement, any credit for good behavior, and any earned compliance

credit.

This bill requires DOC to submit an annual report to the governor, the