Criminal Justice (Sentencing)

Provides that at the time of sentencing for a person convicted of making an unlawful proposition the court may require the person to complete a prostitution offender program approved by the court. Requires a person ordered to complete a prostitution offender program to pay a fee.

Specifies the sex offender reporting requirements for persons who are sex offenders or required to register in other jurisdictions. Adds "high risk missing person" to the definition of "missing child". Specifies that the silver alert program applies to missing children. Removes provisions concerning possession of child sex abuse material (CSAM) from the statute containing the offense of child exploitation, and makes a new section for CSAM offenses. Creates a new crime for distribution of CSAM, and generally conforms the sentencing enhancements for possession of CSAM, distribution of CSAM, and child exploitation. Specifies that certain restrictions on CSAM in discovery also apply in civil proceedings (under current law, they only apply in criminal proceedings). Provides a defense in specified circumstances. Removes certain duplicative provisions and makes conforming amendments and technical corrections.

Removes certain sentencing enhancements for battery and malicious mischief that relate to human immunodeficiency virus (HIV). Amends the sentencing enhancement for battery against a public safety officer that relates to HIV.

Provides that a person may not waive certain requirements concerning the return of a firearm to the rightful owner as part of a plea agreement. Specifies that any purported waiver is invalid and unenforceable as against public policy.

Requires the department of correction to issue a certificate of eligibility for rehabilitative release (certificate) to certain convicted persons. Provides that a certificate must be issued to the following: (1) A person sentenced for a crime other than murder who is at least 60 years of age, and has served at least 20 years in the department of correction. (2) A person serving a sentence for murder who is at least 62 years of age, and has served at least 30 years in the department of correction. Allows a convicted person who has received a certificate to file a petition for sentence modification without the consent of the prosecuting attorney. Provides certain criteria that the court must consider when ruling on a petition for sentence modification. Allows a court to grant a petition for sentence modification if the court finds, by clear and convincing evidence, that: (1) the convicted person is no longer a danger to public safety; (2) the convicted person has demonstrated significant rehabilitative efforts, including participation in educational, vocational, and therapeutic programs; and (3) the interest of justice supports sentence modification. Allows the state public defender to represent a convicted person on a petition for sentence modification that is based upon a certificate. Allows certain convicted persons to file a petition for sentence reduction. Requires a petition for sentence reduction to identify information related the convicted person, sentence sought to be reduced, and evidence in support of the request. Allows a court to dismiss an incomplete petition or set a hearing on a properly filed petition. Requires that notice of a hearing be served on the petitioner, convicted person, counsel, department of correction, prosecuting attorney, and the victim or witness. Requires a court to appoint a public defender to represent the convicted person. Provides that the court is to take certain factors into consideration when deciding a petition for sentence reduction. Specifies that if the evidence supports that the convicted person does not present a significant safety risk to the community, there is a rebuttable presumption that the convicted person's sentence should be reduced by at least 20%. Requires the court to issue a final appealable order with findings of fact.

Requires a defendant to be present in the courtroom while a victim makes a statement concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. Provides that if a defendant fails to appear at sentencing and is later taken into custody, the court may hold a hearing to permit the victim to makes a statement concerning the crime and the sentence in the presence of the defendant.