Excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence.
Impact
The impact of HB 2654 on state laws is significant as it seeks to clarify how sentencing is calculated, potentially altering the way courts apply sentences in future cases. By making adjustments to what constitutes 'time served', the bill may lead to shorter sentences for some defendants and impact decisions made during plea bargains. It reinforces a therapeutic approach to justice rather than purely punitive measures, which may reduce the overall prison population and improve rehabilitative outcomes for offenders.
Summary
House Bill 2654 aims to reform aspects of the criminal justice system by excluding certain types of incarceration time from being included in the calculation of a defendant's sentence. This bill is designed to address discrepancies in sentencing practices and aims to ensure that defendants are not penalized for time spent in circumstances that do not contribute directly to their criminal actions. The legislation reflects broader trends in criminal justice reform focusing on fairer and more equitable treatment of individuals within the legal system.
Contention
Notable points of contention surrounding the bill include concerns from law enforcement and some victim advocacy groups who argue that such measures could undermine the deterrent effect of incarceration. Opponents of the bill may contend that excluding certain periods from being counted as time served could send mixed messages regarding the consequences of criminal behavior. Proponents, meanwhile, maintain that the bill promotes just outcomes, rectifying the penalties that arise from systemic flaws in how defendants are treated under existing law.
Requiring certain persons on a third or subsequent conviction of driving under the influence to participate in a multidisciplinary model of services for substance use disorders, removing the requirement that municipal courts collect fingerprints from persons convicted of violating certain municipal ordinance provisions, amending the crime of aggravated endangering a child to increase the criminal penalties when bodily harm to the child results and when a child is in certain environments associated with fentanyl-related controlled substances, increasing the criminal penalties for unlawful distribution of fentanyl-related controlled substances, eliminating the element of concealment from the crime of breach of privacy related to installing or using a device to photograph or record another identifiable person under or through the clothing being worn by that other person or another identifiable person who is nude or in a state of undress, excluding certain types of incarceration time from being included in the allowance for time spent incarcerated when calculating a criminal defendant's sentence and updating the general terms of supervision for offenders on probation and postrelease supervision.
Requires sentencing court to consider whether defendant is parent of child, or caregiver of elderly, disabled or terminally ill person whose well-being would be adversely affected by the person's incarceration and if so, shall impose a non-jail sentence.
Requires sentencing court to consider whether defendant is parent of child, or caregiver of elderly, disabled or terminally ill person whose well-being would be adversely affected by the person's incarceration and if so, shall impose a non-jail sentence.
Modifying how certain prior convictions are counted for the special sentencing rule related to possession of a controlled substance and providing concurrent or consecutive sentencing for persons convicted of new crimes while on release for a felony.