HB1242:

Probation violations; periods of probation and suspension, technical violations.

Bill Summary:

Probation violations; periods of probation and
suspension; technical violations. Provides that the court may
fix the period of probation and the period of suspension for up to
the statutory maximum period for which the defendant might originally
have been sentenced to be imposed for any offense; however, the court
may fix the period of probation or suspension for up to two years
for an offense punishable as a Class 1 or Class 2 misdemeanor if
the sentence does not include any active period of incarceration.
Currently, the limitation on periods of probation and periods of
suspension is up to the statutory maximum period of imprisonment
for any offense. The bill also specifies that a probationer's failure
to maintain contact with the probation officer without reasonable
excuse or justification whereby his whereabouts are no longer known
to the probation officer shall not be treated as a technical violation;
accordingly, if the court finds the basis of a violation is a probationer's
failure to maintain such contact without reasonable excuse or justification,
then the court is not subject to the limitations on sentencing and
may revoke the suspension and impose or resuspend any or all of the
period previously suspended.