Criminal Justice (Corrections)

This bill excludes a person convicted and sentenced for a class A felony from being able to have their sentence of incarceration modified under § 4217 of Title 11.

This Act prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. This Act does not apply to § 6533 of Title 11 relating to outside employment and work release.

Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications. This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.

Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications. This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.

This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.

This bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal.