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Legislative Update

Operating while intoxicated

March 28, 2018 Filed Under: Criminal, Juvenile

S.E.A. 404, P.L. 63 Effective: July 1, 2018 Removes the minimum age requirement for a person to be convicted of operating a vehicle while intoxicated causing death, and specifies that the defense to certain operating while intoxicated offenses involving the use of a controlled substance only applies if the defendant consumed the controlled substance in accordance with a valid … [Read more...] about Operating while intoxicated

Broadening criminal justice treatment options

March 28, 2018 Filed Under: Criminal

H.E.A. 1006, P.L. 65 Effective: March 13, 2018 Makes various changes to the criminal justice institute's annual report on the impact of criminal code reform on local units of government, the department of correction, and the office of judicial administration. Requires the report to be prepared in conjunction with the justice reinvestment advisory council (council). Adds probation … [Read more...] about Broadening criminal justice treatment options

Treatment of out-of-state convictions in sentencing

March 28, 2018 Filed Under: Criminal

H.E.A. 1033, P.L. 20 Effective: March 8, 2018 Provides that, for purposes of law regarding death sentences and sentences for felonies and habitual offenders, a Level 6 felony conviction includes a conviction in another jurisdiction for which the offender might have been imprisoned for more than one year but less than two and one-half years. … [Read more...] about Treatment of out-of-state convictions in sentencing

Home detention matters

March 28, 2018 Filed Under: Criminal

H.E.A. 1034, P.L. 21 Effective: July 1, 2018 Eliminates the requirement that a period of home detention ordered as a condition of probation must be at least 60 days. Allows a court to approve activities for an offender that do not require the offender to be confined to the offender's home at all times. Provides that an offender must maintain a working telephone, cellular telephone, … [Read more...] about Home detention matters

Pretrial diversion

March 28, 2018 Filed Under: Criminal, Judicial Administration

H.E.A. 1057, P.L. 24 Effective: July 1, 2018 Provides that the initial user fee amount for a diversion agreement involving a misdemeanor is $50. Provides that the initial user fee amount for a diversion agreement involving a felony is $75. Allows a court to impose on a person an additional program fee or cost that is reasonably related to the person's rehabilitation. Prohibits a … [Read more...] about Pretrial diversion

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