2022 Criminal And Juvenile Justice Commission Recommendations

Under current law, it is a class 2 misdemeanor to practice the following professions without an active license, registration, or certification: Professional engineering, architecture, audiology, dentistry, direct-entry midwifery, medicine, physician assistant, anesthesiologist assistant, professional nursing, nursing home administration, optometry, pharmacy, pharmacy technician, and respiratory therapy. The act makes it a class 6 felony to practice any of these professions intentionally without a license, registration, or certification and fraudulently representing that the person has a license, certification, or registration.

The act states the purposes of probation are to:

• Serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization;
• Support persons in behavior change through the coordination and provision of effective and individualized services which may include, but are not limited to, educational, therapeutic, restorative, and skill-building services;
• Hold persons accountable for their behavior through supervision and interventions that promote reparation of harm to the community and victims, which reparation includes, but is not limited to, restitution to victims;
• Serve as a cost-effective option for persons appropriate for community supervision; and
• Honor the statutory and constitutional rights of victims of crime.

The act requires a probation officer to issue a summons when a probationer has allegedly violated a condition of probation or the officer is seeking probation revocation, with some exceptions.

The act requires the state court administrator to develop a system of structured and individualized behavior responses to guide probation officers in determining how best to respond to probation violations.

Under current law, when a parolee has a technical violation of parole, a brief period of confinement in a county jail may be imposed as a sanction. The act allows that confinement to also be served in a department of corrections facility.

The act specifies that for a theft that involves public benefits, the value of the benefits involved for purposes of determining the level of the offense is calculated by the difference between the value of the benefits received and the value of benefits the recipient was eligible for.

Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for a victim's right act crime that is a felony. The act adds more felony offenses to the convictions that prohibit a person from possessing a firearm.

Under current law, it is illegal for someone to possess a firearm if the person was previously adjudicated for a victim's right act crime that is a felony offense. The act allows a person in that situation who has good cause for possessing a firearm to petition the court for an order determining that the crime does not apply to the person.

The act appropriates $53,390 to the judicial department from the general fund and authorizes 0.7 FTE for probation programs.

(Note: This summary applies to this bill as enacted.)