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2024 SESSION
HB 45 Earned sentence credits; incarceration prior to entry of final order of conviction.
Introduced by: Holly M. Seibold | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits.
The bill provides that the provisions shall apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if it is determined that, upon retroactive application of the provisions, the release date of any such person passed prior to the effective date of this act, the person shall be released upon approval of an appropriate release plan and within 60 days of such determination unless otherwise mandated by court order; however, no person shall have a claim for wrongful incarceration on the basis of such retroactive application. If a person is released prior to completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court order, the person shall be required to complete such programs under probation, provided probation is mandated by the court and current community resources are sufficient to facilitate completion of the aforementioned programs. The bill has a delayed effective date of July 1, 2025.
FULL TEXT
- 12/21/23 House: Prefiled and ordered printed; offered 01/10/24 24101920D pdf | impact statement
- 02/26/24 Senate: Committee substitute printed 24108323D-S1 pdf | impact statement
- 03/08/24 House: Conference substitute printed 24109082D-H1 pdf | impact statement
- 03/25/24 House: Bill text as passed House and Senate (HB45ER) pdf
AMENDMENTS
- Senate subcommittee amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments engrossed
- Conference amendments
- Governor's veto explanation
HISTORY
- 12/21/23 House: Prefiled and ordered printed; offered 01/10/24 24101920D
- 12/21/23 House: Referred to Committee for Courts of Justice
- 01/30/24 House: Assigned Courts sub: Criminal
- 01/31/24 House: Subcommittee recommends reporting (7-Y 1-N)
- 01/31/24 House: Subcommittee recommends referring to Committee on Appropriations
- 02/02/24 House: Reported from Courts of Justice (15-Y 6-N)
- 02/02/24 House: Referred to Committee on Appropriations
- 02/05/24 House: Assigned App. sub: Transportation & Public Safety
- 02/07/24 House: Subcommittee recommends reporting (5-Y 3-N)
- 02/07/24 House: Reported from Appropriations (13-Y 9-N)
- 02/09/24 House: Read first time
- 02/12/24 House: Read second time and engrossed
- 02/13/24 House: Read third time and passed House (59-Y 39-N)
- 02/13/24 House: VOTE: Passage (59-Y 39-N)
- 02/14/24 Senate: Constitutional reading dispensed
- 02/14/24 Senate: Referred to Committee for Courts of Justice
- 02/26/24 Senate: Reported from Courts of Justice with substitute (10-Y 5-N)
- 02/26/24 Senate: Committee substitute printed 24108323D-S1
- 02/26/24 Senate: Rereferred to Finance and Appropriations
- 03/04/24 Senate: Reported from Finance and Appropriations with amendments (10-Y 5-N)
- 03/05/24 Senate: Constitutional reading dispensed (39-Y 0-N)
- 03/06/24 Senate: Read third time
- 03/06/24 Senate: Reading of substitute waived
- 03/06/24 Senate: Committee substitute agreed to 24108323D-S1
- 03/06/24 Senate: Reading of amendments waived
- 03/06/24 Senate: Committee amendments agreed to
- 03/06/24 Senate: Engrossed by Senate - committee substitute with amendments HB45S1
- 03/06/24 Senate: Passed Senate with substitute with amendments (21-Y 18-N)
- 03/07/24 House: Senate substitute agreed to by House 24108323D-S1 (57-Y 42-N)
- 03/07/24 House: VOTE: Adoption (57-Y 42-N)
- 03/07/24 House: Senate amendment #1 rejected by House (0-Y 99-N)
- 03/07/24 House: VOTE: REJECTED (0-Y 99-N)
- 03/07/24 House: Senate amendments #2 and #3 agreed to by House (61-Y 38-N)
- 03/07/24 House: VOTE: Adoption (61-Y 38-N)
- 03/07/24 Senate: Senate insisted on substitute with amendments (40-Y 0-N)
- 03/07/24 Senate: Senate requested conference committee
- 03/07/24 House: House acceded to request
- 03/07/24 Senate: Conferees appointed by Senate
- 03/07/24 Senate: Senators: Aird, Carroll Foy, Stanley
- 03/07/24 House: Conferees appointed by House
- 03/07/24 House: Delegates: Seibold, Simon, Bloxom
- 03/08/24 Conference: Amended by conference committee
- 03/08/24 House: Conference substitute printed 24109082D-H1
- 03/08/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
- 03/08/24 House: Conference report agreed to by House (55-Y 38-N)
- 03/08/24 House: VOTE: Adoption (55-Y 38-N)
- 03/25/24 House: Enrolled
- 03/25/24 House: Bill text as passed House and Senate (HB45ER)
- 03/25/24 Senate: Signed by President
- 03/26/24 House: Signed by Speaker
- 03/27/24 House: Enrolled Bill communicated to Governor on March 27, 2024
- 03/27/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 03/27/24 Governor: Vetoed by Governor
- 04/17/24 House: House sustained Governor's veto