HB 659 Summary

• Requires courts to sentence defendants convicted of simple drug possession (committed on or after October 1, 2018) with 60 or fewer sentence points to nonstate prison sanctions, unless the court finds written evidence that such a sanction presents a danger to the public.

• Allows defendants convicted of offenses with mandatory minimum sentences (committed on or after October 1, 2018) to move the sentencing court to depart from mandatory minimums if they demonstrate by preponderance of evidence that they have no prior departures, the offense is not violent, and involves no physical injury, coercion, or minor victims.

• Increases incentive gain-time credits that Department of Corrections may award to 20 days per month for offenses committed on or after October 1, 2018, but restricts earning to prevent early release before inmates serve 65 percent (nonviolent felonies) or 85 percent (violent felonies) of imposed sentences.

• Makes inmates convicted of noncapital offenses and sentenced to life imprisonment eligible for conditional release after reaching their tentative release date, provisional release date, or serving 20 years with no disciplinary violations, whichever occurs first.

• Takes effect October 1, 2018.