HB760:

Suspended sentence or probation; violation of the terms and conditions, technical violations.

Bill Summary:

Limitation on sentence upon revocation of suspension
of sentence; technical violations; penalty. Specifies that a
violation of the terms and conditions of a suspended sentence or
probation based on a defendant's failure to refrain from the use,
possession, or distribution of a Schedule I or II controlled substance
shall not be considered a technical violation. Accordingly, a court
is not subject to the limitations on the amount of active incarceration
it can impose as a result of a revocation hearing based on such violation
and may revoke the suspension and impose or resuspend any or all
of the period previously suspended. Currently, a defendant's failure
to refrain from the use, possession, or distribution of any controlled
substance or paraphernalia is a technical violation.