SF5215

Purpose

The bill would create a statewide system called a graduated sanctions grid to guide how authorities respond to technical violations of probation, parole, or supervised release. It aims to prioritize noncustodial consequences, reduce unnecessary jail time, and provide a consistent, data-driven approach to supervision and revocations.

Key Definitions

• Commissioner: the commissioner of corrections.
• Community supervision agencies: state, county, or local offices that supervise people on probation, parole, or supervised release.
• Noncustodial sanction: a consequence that does not involve jail or prison.
• Technical violation: failing to follow a condition of probation, parole, or supervised release that is not a new crime and does not pose an immediate safety threat.
• Validated risk assessment: a scientifically proven tool that accurately measures risks and needs for the specific population being assessed.

Main Provisions

1) Creation and timeline - By February 1, 2027, the commissioner of corrections must establish and maintain a statewide graduated sanctions grid for technical violations. - The grid must be developed with input from the Sentencing Guidelines Commission, community supervision agencies, the judicial branch, and justice research groups with expertise in evidence-based supervision.

2) Structure and operation of the grid - The grid is organized by two axes: - Violation levels: from first minor violation to third minor, and from first major violation to third major. - Risk levels: very high, high, moderate, low, and administrative. - For each combination of violation level and risk level, there are sanction ranges that guide responses. - The sanction ranges include: - Range 1: verbal or written warning, increased reporting, drug testing, and coaching. - Range 2: electronic monitoring, increased treatment, and a curfew up to 60 days. - Range 3: curfew up to 120 days, and 30–40 hours of community service. - Range 4: curfew up to 180 days, additional community service, additional jail time, and potentially revocation referral. - Supervising authorities must apply the grid when addressing technical violations starting April 1, 2027. Any departure from the presumptive sanction requires written findings that the presumptive sanction is insufficient or that the violation creates an identifiable immediate risk to public safety. - There is a presumption that incarceration is not an appropriate response to a technical violation, unless a court finds otherwise. - All sanctions under the grid must be documented and tracked by the supervising authority.

3) Mandatory use and safeguards - Beginning April 1, 2027, supervising authorities or courts must use the grid when responding to technical violations. - Departures from the presumptive sanction need written justification. - There is a rebuttable presumption against incarceration for technical violations. - Sanctions imposed for technical violations must be documented and tracked for purposes of ensuring progressive responses.

4) Limits on revocation for technical violations - A technical violation cannot lead to revocation unless noncustodial sanctions have been used according to the grid and exhausted or proven ineffective. - Revocation for a technical violation generally requires three or more prior technical violations, unless there is a finding that the violation presents an immediate and substantial threat to public safety.

5) Data collection and reporting - The commissioner must collect data on technical violations, sanctions imposed under the grid, use of custodial sanctions, revocations, and disparities by race, ethnicity, and geography. - An annual report must be submitted to the relevant legislative chairs and ranking minority members, summarizing how the grid is implemented and what outcomes result.

Significant Changes to Existing Law

• Moves from discretionary or discretionary-like decisions on sanctions to a mandatory, standardized grid guided by risk and violation severity.
• Emphasizes noncustodial sanctions and reduces reliance on incarceration for technical violations.
• Introduces a formal process for documenting, tracking, and reporting sanctions and outcomes, including disparities.
• Ties revocation decisions to a specific sequence of noncustodial sanctions and sets a threshold of three prior technical violations, with exceptions for immediate safety concerns.

Implementation and Oversight

• Requires collaboration among corrections leadership, sentencing guidelines experts, and research entities to ensure evidence-based practices.
• Establishes a clear timetable for grid creation and mandatory implementation, plus ongoing data collection and annual reporting to lawmakers.

Relevant Terms - graduated sanctions grid - technical violation - probation - parole - supervised release - noncustodial sanction - custodial sanctions - risk assessment - validated risk assessment - presumptive sanction - escalation (progressive responses) - violation level (first/third minor; first/third major) - risk level (very high, high, moderate, low, administrative) - verbal/written warning - electronic monitoring - curfew - community service - jail/prison - revocation - immediate and substantial threat to public safety - data collection - disparities by race/ethnicity/geography - annual report - supervising authority