Criminal Justice (Probation & Parole)

Beginning in state fiscal year 2027-28, the act requires the department of public safety (department) to submit a budget request for community corrections and to include in its budget request information regarding projected community corrections program needs, including certain data points and analysis related to residential and nonresidential bed capacity, the per diem reimbursement rate for each bed type, and other guideposts related to community corrections appropriations.     The department must include information on the budget request in its yearly 'SMART Act' hearing.(Note: This summary applies to this bill as enacted.)

Current law disqualifies a person convicted of committing a sexual offense against a child from being a school director of a school district, commonly known as a school board member. The bill adds convictions for crimes of violence and for felony drug offenses involving distribution, manufacturing, dispensing, or sale of a controlled substance to the list of offenses that disqualify a person from being a school board member. The bill specifies that a person is disqualified only for crimes of violence offenses and felony drug offenses committed when the person was an adult and when fewer than 10 years have passed since the person satisfied every aspect of the sentenced imposed for the conviction, including incarceration, financial penalties, and parole .(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act adds the state board of parole as an entity that may approve an application for early parole for an offender who has successfully completed a specialized program as provided in current law. The offender must have been convicted of a certain predicate felony and committed the felony when they were younger than 21 years old.     The state board of parole can approve or deny the application if the governor has not acted on the application within 60 days after receiving the board's recommendation. If the governor acts on the application within 60 days, the governor's decision is final. If the governor does not act on the application, the state board of parole's decision is final.     Under current law, there is a specialized program for juveniles and young adults convicted as adults that must include components that allow an offender to experience placement with more independence in daily life. The act requires the specialized program to include programming that requires an offender to acknowledge the impact of crime on victims and the ongoing trauma that crime survivors experience, as well as the offender's own trauma.(Note: This summary applies to this bill as enacted.)

Risk assessments assess a parolee's criminogenic needs and risk of recidivism and are used to guide parole supervision planning, identify appropriate interventions, and establish parole supervision levels or categories.     The act requires the department of corrections (department) to establish a risk assessment quality review team to develop policies and implement practices that determine whether risk assessments are completed accurately and consistently and to ensure a sustained process of review and training.     For its 'SMART Act' hearing beginning in 2027, and each year thereafter, the department is required to include information concerning reviewed risk assessments, including findings and measures implemented to mitigate recent high error rates in risk assessments.     The act clarifies that risk assessment outputs are criminal justice records for purposes of public inspection. The act prohibits an agreement that prohibits the disclosure of information in a risk assessment output that is subject to disclosure under the law.(Note: This summary applies to this bill as enacted.)

The bill allows defendant veterans to request an eligibility assessment to determine if they are eligible for veteran deferred sentencing. The bill states the offenses eligible and the requirements that must be met by veteran defendants to qualify for veteran deferred sentencing. The bill establishes what a court must include in a veteran defendant's deferred sentence and establishes what a veteran defendant must do to complete their deferred sentence and when they are eligible for discharge from probation and for dismissal of their charges.The bill requires courts to consider veteran status, when disclosed, when considering the sentence of a veteran defendant. The bill requires law enforcement, courts, and corrections personnel to receive training regarding justice-involved veterans. The bill requires courts to track and report the number of veteran defendants receiving, completing, declining, and denied veteran-deferred sentences. The bill requires the division of criminal justice in the department of public safety to develop a plan to track and evaluate outcomes of veteran defendants who receive veteran-deferred sentences.The bill requires the department of corrections (department) to create a veteran identification process that must be implemented in all offender diagnostic centers that allows the department to record which offenders are veterans. The bill requires that veteran offenders be considered, when appropriate, for correctional facility veteran housing units and veteran services and have their veteran status be considered in structuring their rehabilitation program.(Note: This summary applies to this bill as introduced.)

The bill adds trading anything of monetary value to buy or sell sexual activity with a minor who the person knows is being trafficked for sexual servitude as an act of human trafficking of a minor for sexual servitude. The bill changes the penalty of human trafficking of a minor for sexual servitude from a class 2 felony to a class 1 felony and requires the court to sentence a person convicted of the felony to life imprisonment without the possibility of parole.(Note: This summary applies to this bill as introduced.)

The act requires the department of corrections (department) to furnish an individual being discharged from the department's custody a release allowance of at least $100, free of any deductions. Beginning by September 15, 2027, and annually thereafter, the department is required to collect and report discharge data, including the number of individuals released from department correctional facilities, the number and percentage of released individuals who received the release allowance, and the total amount of money spent on release allowances. The department must issue a report to the general assembly annually. The act repeals provisions requiring the department to give an individual a ticket to leave prior to discharging the individual from a correctional facility.     The act requires eligible offenders to participate in the department's existing program to procure state-issued identification cards for offenders (program), unless the offender affirmatively opts-out of the program. Beginning by September 15, 2027, and annually thereafter, the department is required to collect data on the process of securing necessary identification documents to issue state identification cards and issue a report to the general assembly. The report must include the number and percentage of offenders released with an identification card, birth certificate, and social security number and the number and percentage of offenders who were ineligible to participate in the program and the reason for ineligibility.     The department is prohibited from charging an offender a fee to obtain a state identification card, and any fee incurred in the process of securing an offender's identification documents to create the state identification card must be assessed after the offender has been released and may be consolidated with existing restitution, fees, or other legal financial obligations owed by the offender.     The department of public health and environment shall assist the department in securing necessary identification documents.(Note: This summary applies to this bill as enacted.)

Current law establishes the youthful offender system (system) in the department of corrections (department) as a sentencing option that provides a continuum of services. The act:Updates references to the juveniles and young adults who are eligible for or participating in the system;Revises certain legislative intent provisions to emphasize lasting behavioral changes in preparation for reentry, trauma-informed care, addressing criminogenic risk, accountability, healthy relationship building, and system participant and staff safety;Expresses the general assembly's intent that juveniles and young adults with physical, intellectual, mental, or behavioral health disabilities or conditions receive equitable treatment in sentencing to the system and reasonable accommodations once in the system;Adds certain data related to system completion rates to an existing annual reporting requirement for the department;Adds requirements for evidence-informed rehabilitative treatment and life skills programming and for individual therapy, family therapy, or substance use disorder treatment;Establishes requirements for system participant evaluations, plans for addressing participants' needs and skills, and case manager duties;Requires the department, in consultation with relevant experts, to make and publish on its website recommendations for integrating a trauma-informed standard of care with current system practices to promote the health and safety of system participants; andExpands certain procedural protections for system participants with mental or behavioral health conditions or intellectual and developmental disabilities.(Note: This summary applies to this bill as enacted.)