SB 380 Summary

• Circuit courts may grant probation to offenders only within 120 days after delivery to the Department of Corrections, upon the court's own motion and not at the request of the state or offender.

• Courts may recommend or order placement in a 120-day program (including shock incarceration or institutional treatment), and offenders shall be released on probation if they successfully complete the program unless the court determines probation is inappropriate after a hearing within 90-120 days.

• Courts must request the Department of Corrections conduct a sexual offender assessment and place offenders in a sexual offender assessment unit if the defendant pleaded guilty to or was found guilty of sexual abuse classified as a class B felony.

• Except when advised an offender is ineligible for the 120-day program, courts may place offenders in private approved programs (at offender's expense) or other available programs, or order probation while awaiting treatment appointment for class C or D nonviolent felonies.

• Probation is prohibited for offenders convicted of murder in the second degree, forcible rape, forcible sodomy, statutory rape or sodomy in the first degree, child molestation in the first degree as class A felony, child abuse as class A felony, predatory sexual offenders, or any offense with statutory prohibition against probation or parole.