Senate Bill 1048 Summary

• Creates a rebuttable presumption that courts shall sentence individuals convicted of misdemeanors (other than serious misdemeanors) with a fine, community service, or other nonjail or nonprobation sentence.

• Allows courts to depart from this presumption only if the court finds reasonable grounds for departure and states those grounds on the record.

• Requires courts finding non-compliance with nonjail or nonprobation sentences to issue a show cause order before holding a person in contempt, with additional sentencing authority if contempt is found.

• Mandates courts find on the record that a person is able to pay fines or legal financial obligations without manifest hardship and has not made good-faith payment efforts before imposing jail or probation for nonpayment of legal obligations.

• Effective date: March 24, 2021; approved by Governor January 4, 2021.