Concerns eligibility, procedures, and post-program relief for certain drug or alcohol dependent persons sentenced to special probation, or regular probation which as a condition of such requires substance use disorders treatment.
Significant alterations are made concerning the eligibility criteria for special probation. For instance, the bill eliminates the disqualification of individuals based on having multiple previous convictions, provided those convictions do not involve serious crimes such as murder or sexual assault. Furthermore, it introduces a more thoughtful approach to assessing treatment needs, emphasizing the use of diagnostic assessments instead of rigid statutory criteria.
Assembly Bill A2858 aims to reform eligibility, procedures, and post-program relief for individuals with drug or alcohol dependency who are sentenced to special probation. The bill looks to enhance the flexibility in the court's approach to sentencing and treatment options for these individuals, particularly in the context of rehabilitation programs. There are proposed changes in the duration of special probation from a mandatory five-year term to 'up to' five years, which allows for more individualized cases.
A noteworthy aspect of this bill is the modifications surrounding expungement relief. A2858 seeks to simplify the expungement process for individuals who have successfully completed their probation sentence, allowing courts to vacate certain fines and fees tied to the original sentence. This is in response to previous barriers that made it difficult for individuals to clear their records. The bill also introduces provisions for early discharge based on exemplary progress in treatment, which may raise discussions about the appropriate standards and metrics for determining 'exemplary progress.'