House File 678 H-1304 Amend House File 678 as follows: 1 1. Page 1, before line 3 by inserting: 2 < NEW SUBSECTION . 01. “Adult criminal problem-solving 3 court” means a court program under direct supervision of a 4 judge established to treat drug or alcohol addiction or mental 5 illness of adults charged with criminal offenses. > 6 2. Page 1, after line 11 by inserting: 7 < NEW SUBSECTION . 3A. “Special condition” means a condition 8 of probation that the court identifies as necessary to protect 9 the public from the defendant’s behavior constituting the 10 underlying conviction. 11 NEW SUBSECTION . 3B. “Special probation program” means a 12 program under the supervision of a district court or a judicial 13 district department of correctional services established to 14 treat drug or alcohol addiction, mental illness, or domestic or 15 sexual abuse of the parties involved in a criminal case, or to 16 improve outcomes for persons involved in the program, including 17 a department-approved continuum of sanctions. > 18 3. By striking page 1, line 30, through page 2, line 30, and 19 inserting: 20 < b. Notwithstanding any discharge credit accrued under 21 subsection 6 or any educational credit accrued under subsection 22 7, a defendant’s probation officer shall complete a probation 23 status report no later than halfway through the defendant’s 24 probation term and provide a copy of the probation status 25 report to the defendant containing one of the following: 26 (1) An order that the defendant be discharged from probation 27 early under subsection 2, paragraph “a” , after approval of the 28 district director and notification of the sentencing court and 29 the county attorney who prosecuted the case. 30 (2) A recommendation that the defendant’s probation be 31 continued with reduced terms and conditions along with a 32 description of the defendant’s progress on probation and what 33 conditions must still be completed before the defendant may be 34 discharged from probation. 35 -1- HF678.1625 (5) 89 as/rh 1/ 3 #1. #2. #3.

(3) A recommendation that the defendant’s probation be 1 continued as previously ordered along with a description of 2 the defendant’s progress on probation and what conditions must 3 still be completed before the defendant may be discharged from 4 probation. 5 c. (1) If the defendant’s probation status report 6 recommends that the defendant continue probation with reduced 7 terms and conditions under paragraph “b” , subparagraph (2), or 8 that the defendant’s probation continue as previously ordered 9 under paragraph “b” , subparagraph (3), the probation officer 10 shall include a description of why continued probation is 11 necessary and beneficial and shall also include any discharge 12 credits and educational credits the defendant has accrued. 13 (2) If the probation status report does not recommend early 14 termination of the defendant’s probation, the defendant may 15 request a court hearing on the issue of early termination of 16 the defendant’s probation. The requested hearing shall be held 17 no later than ninety days from the date of the defendant’s 18 request. At the hearing, the court shall review the probation 19 status report; the defendant’s progress and conduct on 20 probation, including whether the defendant has attended 21 court-ordered mandatory counseling or treatment and whether the 22 defendant is subject to a payment plan and has been found to 23 afford payments but is purposely avoiding making payments; the 24 underlying offense and its relationship to the conditions of 25 probation imposed on the defendant; the defendant’s criminal 26 record; and any mitigating factors to determine whether to 27 reduce the terms and conditions of the defendant’s probation, 28 continue the defendant’s probation, or discharge the defendant 29 from probation. 30 d. Nothing in this subsection shall preclude a probation 31 officer or the court from terminating the defendant’s probation 32 early at any time under subsection 1 or 2 or under any other 33 applicable provision. 34 e. Paragraphs “b” and “c” shall not apply to proceedings 35 -2- HF678.1625 (5) 89 as/rh 2/ 3

in adult criminal problem-solving courts and special probation 1 programs. > 2 4. Page 4, by striking lines 21 through 31 and inserting: 3 < NEW SUBSECTION . 8. At least once a year and in the 4 probation status report provided halfway through the 5 defendant’s period of probation pursuant to subsection 2, 6 paragraph “b” , the defendant’s probation officer shall provide 7 the defendant with an accounting of the defendant’s discharge 8 credits and educational credits that have accrued pursuant to 9 subsection 6 and 7. A defendant may earn both a discharge 10 credit and an educational credit to be applied toward the 11 completion of the defendant’s probation in accordance with 12 this subsection. The defendant may ask a court to review the 13 defendant’s discharge credits and educational credits contained 14 in the defendant’s probation status report. 15 NEW SUBSECTION . 9. Subsections 6, 7, and 8 shall not apply 16 to proceedings in adult criminal problem-solving courts and 17 special probation programs. > 18 5. Page 5, by striking lines 17 through 20 and inserting: 19 < (4) If the technical violation of probation is a violation 20 of a special condition, the court may impose an additional 21 sentence of up to thirty days of imprisonment in addition to 22 any sanctions imposed pursuant to subsection 1 or 2. > 23 6. Page 7, after line 6 by inserting: 24 < 6. This section shall not apply to proceedings in 25 adult criminal problem-solving courts and special probation 26 programs. > 27 7. By renumbering, redesignating, and correcting internal 28 references as necessary. 29 ______________________________ KERR of Louisa -3- HF678.1625 (5) 89 as/rh 3/ 3 #4. #5. #6. #7.