Amends TCA Title 40, Chapter 36.

ON APRIL 17, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1274, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to revise present law relative to community corrections. <br /> <br /> Under present law, the court is authorized to sentence an eligible defendant to any appropriate community-based alternative to incarceration provided, and under the additional terms and conditions as the court may prescribe, in lieu of incarceration in a state penal institution or local jail or workhouse. In sentencing an eligible defendant to any community-based alternative to incarceration, the court must possess the power to set the duration of the sentence for the offense committed at any period of time up to the maximum sentence within the appropriate sentence range and must retain the authority to alter or amend at any time the length, terms or conditions of the sentence imposed.<br /> <br /> The court also has the power to terminate an offender from the program and to place the offender on supervised or unsupervised probation upon a showing that the offender did abide by the conditions imposed on the original sentence and that the offender's placement on probation presents no substantial risk to public safety. This authority of the court extends to offenders not originally eligible for probation after service of at least one year. Failure to comply with the terms of probation subjects the offender to revocation proceedings conducted by the court. If incarcerated, the offender receives credit only for actual time served in the community-based alternative program.<br /> <br /> The court must also possess the power to revoke the sentence imposed at any time due to the conduct of the defendant or the termination or modification of the program to which the defendant has been sentenced, and the court may resentence the defendant to any appropriate sentencing alternative, including incarceration, for any period of time up to the maximum sentence provided for the offense committed, less any time actually served in any community-based alternative to incarceration. The resentencing must be conducted in compliance with law. The district attorney general, victim, defense attorney and probation and parole officer should be consulted regarding potential referrals to the program; however, the court must have the final decision.<br /> <br /> This amendment adds that, upon a judge sentencing a person to be supervised by an organization under contract with a governmental entity and governed by law pertaining to community corrections, the department of correction or another state agency is prohibited from penalizing, financially or otherwise, the organization for provided such service. This amendment also changes the effective date of this bill is June 30, 2023.<br />