CS/HB 963 Summary

• Requires probation officers to determine eligibility for an alternative sanctioning program when a probationer commits a technical violation (defined as violations not involving new felony, misdemeanor, or criminal traffic offenses)

• Establishes two risk levels for technical violations with specific permissible sanctions: low-risk violations (up to 5 days jail, 50 community service hours, counseling, drug testing, curfew up to 30 days, house arrest up to 30 days, or other court-approved sanctions) and moderate-risk violations (up to 21 days jail, curfew/house arrest/electronic monitoring/residential treatment up to 90 days, or other sanctions)

• Requires courts to modify or continue probation (rather than revoke it) for first-time, low-risk technical violations, with a maximum sentence of 90 days county jail, except for certain ineligible offenders

• Makes participation in the alternative sanctioning program voluntary and requires probationers to receive written notice and evidence disclosure; allows them to waive certain due process rights including legal representation, confronting witnesses, and receiving written findings

• Mandates each judicial circuit establish an alternative sanctioning program by administrative order specifying eligibility criteria, eligible violations, permissible sanctions, and reporting procedures; effective July 1, 2019