Criminal Justice (Probation & Parole)

This bill establishes parole eligibility rules for individuals convicted of crimes committed after July 1, 1981, who were under 26 years old at the time of the offense. It creates two main categories: those who may be eligible for parole after serving half their sentence, and those convicted of serious violent crimes who must serve 85% of their sentence before becoming eligible. The legislation requires the Board of Pardons and Paroles to hold hearings for certain offenders before releasing them on parole and mandates that the board document specific reasons for denying parole if a hearing is not held. The bill applies to people already incarcerated as of October 1, 1990, and sets specific conditions for residential placement and supervision during parole.

HB 5308 allows individuals convicted of crimes and currently incarcerated or under supervision (probation/parole) to petition courts for DNA testing of evidence held by law enforcement, the Division of Criminal Justice, or courts. The bill requires petitioners to prove the testing could show they didn’t commit the crime, the evidence still exists and wasn’t previously tested, and the request isn’t for delay. Courts must order testing if these conditions are met, and the state covers costs for indigent petitioners while ensuring they have legal representation. The law takes effect October 1, 2026, and makes denials of such petitions final for appeal.