House Bill 346 Summary

• Clarifies that the maximum five-year post-release supervision period may be extended if the defendant participates in a court-ordered program or owes restitution.

• Allows courts to set probation periods up to the statutory maximum sentence that could have been imposed, not to exceed five years, with exceptions for child support cases, court-ordered programs, and restitution obligations.

• Eliminates imprisonment for a first technical violation of probation; restricts second technical violations to a maximum of 14 days in a technical violation center (instead of 90 days), with third through fifth+ violations subject to escalating sentences of 120 days, 180 days, and remainder of sentence respectively.

• Creates presumption against active incarceration for second technical violations unless the defendant cannot be safely diverted through less restrictive means.

• Treats certain violations (firearm possession/transportation, or loss of contact with probation officer) as more serious, counting as second or subsequent violations rather than first violations.

• Effective July 1, 2023.