Justice Reinvestment Clarifications Become Law

Like most complicated legislation, the Justice Reinvestment Act (JRA) was less than perfectly clear as originally written. Earlier this week (July 16, 2012) the governor signed House Bill 1021, Justice Reinvestment Clarifications. S.L. 2012-188. The act makes several important changes to the law, some of which are effective immediately. This post summarizes them. Changes to “quick dip” procedures for probation officers. Under the JRA, probation officers can, in certain cases, impose a short term of jail confinement in response to a probation violation. That confinement has been referred to colloquially as a “quick dip” in the jail. The officer may impose up to six days of confinement per month, served in 2-day or 3-day increments, during any three separate months of a period of probation. The power to use quick dips was effective for any person on probation for a Structured Sentencing (i.e., non-DWI) offense committed on or after December 1, 2011, but Community Corrections chose as a matter of policy not to use them until July 2, 2012. Before imposing a quick dip, a probation officer must present the probationer with a violation report noting the alleged violations and designating the period of confinement the officer is planning to impose. The officer must advise the probationer of his or her rights to a lawyer and a hearing on the violation. If the probationer signs a written waiver of those rights, the officer can impose the quick dip. The Clarifications Act made a small change to that waiver procedure. Under the JRA [...]