HB 1231 Summary

• Increases the sentence points threshold for non-state prison sanctions from 22 to 44 points for third-degree felonies committed on or after July 1, 2009 (excluding forcible felonies and chapter 810 violations).

• Requires written findings by judges to impose sentences above the maximum recommended under the Criminal Punishment Code, with proof standard of preponderance of the evidence.

• Removes judicial authority to impose sentences up to the statutory maximum for violations of probation or community control.

• Deletes the restriction on sentence appeals, allowing appeals beyond just sentences below the lowest permissible sentence.

• Changes the lowest permissible sentence calculation by increasing the threshold from 44 to 52 points for non-state sanctions and adjusting the subtraction factor from 28 to 36 points for prison sentence calculations.

• Effective date: July 1, 2019.