HB47:

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

Bill Summary:

Violation of the terms and conditions of a suspended
sentence or probation; technical violations; penalty. Removes
from the definition of technical violation, used for the purposes
of limiting the amount of active incarceration a court can impose
as a result of a revocation hearing for a probation violation, violations
based on a probationer's failure to (i) refrain from the use, possession,
or distribution of controlled substances or related paraphernalia;
(ii) refrain from the use, ownership, possession, or transportation
of a firearm; (iii) gain permission to change his residence or remain
in the Commonwealth or other designated area without permission of
the probation officer; or (iv) maintain contact with the probation
officer whereby his whereabouts are no longer known to the probation
officer. Accordingly, if a court finds that a violation of the terms
and conditions of a suspended sentence or probation is based on such
no-longer-technical violations, the court may revoke the suspension
and impose or resuspend any or all of the period previously suspended.