New rules relating to sentencing and probation revocation today, October 1, 2009. Most of these changes apply only to sentences or revocation filings that occur after today’s date.

Under the new rules, the Earned Release Review Commission (ERRC) will have the authority that used to be with the sentencing court to adjust a sentence of an inmate who has served 75 percent of a term of confinement for Class F to I felonies, or 85 percent of the term for Class C to E felonies. ¬†Also new is Positive Adjustment Time that allows DOC to give credit for days served without rule violations and in compliance with the inmate’s programming.

Early release is added onto an inmates Extended Supervision (ES), otherwise known as parole.

The ERRC, rather than the sentencing court, will from now on consider petitions to reduce a sentence for an inmate with an extraordinary health condition, such as advanced age, infirmity, disability or a need for medical treatment or services not available within a correctional institution.

Inmates incarcerated for a misdemeanor or nonviolent Class F to I felony (except for sex offenders) will also be allowed to petition DOC for early release to ES if they are within 12 months of the end of their confinement time. DOC is to promulgate rules for determining whether bifurcated sentences should be modified under this provision.

If an inmate is revoked off ES, the length of their sentence will no longer be determined by the court. Now, the sentence will be determined by the Judge who did the revocation hearing, or if the hearing is waived, by DOC (probably the agent.) DO NOT WAIVE AN ES REVOCATION HEARING WITHOUT TALKING TO A LAWYER FIRST.

The Challenge Incarceration Program and the Earned Release Program are being expanded.

Chris

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