section by section summary of melissa's bill

7/31/2019 Section by Section Summary of Melissa's Bill

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Section-by-Section Summary of Conference Report

DNA Provisions

SECTION 1

Specifies that the trial court and probation department must work in conjunction with the director

of the crime laboratory within the department of state police to implement an electronic

notification system to be used by the state police to inform them when a person is convicted of

an offense that requires DNA submission.

SECTION 2 AND 3.

Broadens the list of personnel able to collect DNA samples, extending it from those licensed by

the director of the crime lab to those approved by the director of the crime lab.

SECTION 4.

Currently those authorized to collect DNA samples and get that DNA from blood samples are

not civilly liable for their role in taking the DNA sample. This section merely extends buccal

swabs to the protection already provided for the withdrawal of blood samples.

SECTION 5.

Ensures that those required to submit DNA samples timely do so. Currently the statute does not

specify any time frame. This section requires one to provide the sample, after receiving written

notice, within a year of conviction, adjudication or release from custody, whichever occurs first.

Parole Board Changes

SECTION 6.

Currently the Governor has the power to appoint a seven member parole board, but does not

have the explicit power to remove those members. This section allows the governor to remove a

member, for cause, after notice and a hearing.

SECTION 7.

Increases the size of the discretionary parole appointment panel from five to nine members.


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SECTION 8.

Adds to the discretionary parole appointment panel a member chosen by the DA Association,CPCS, Prisoners Legal Services, and a local law enforcement member.

SECTION 9 and 10.

Requires that the list of candidates submitted by the parole appointment panel to fill a parole

board position include a professional in the field of adolescent development and psychology, and

a victim witness advocate.

Good Samaritan Provision I

SECTION 11.

Allows for Naloxone, a potentially life-saving inhalant administered for heroine and other opioid

drug overdoses, to be lawfully prescribed and dispensed to those likely to overdose or any person

in a position to assist such a person. The drug is currently administered as part of a pilot program

at eight different state locations.

Mandatory Drug Sentencing

SECTION 12.

Reduces the mandatory minimum for second and subsequent drug sentences for Manufacturing

Class A drugs from 5 to 3 years.

SECTION 13.


Class B drugs from 3 to 2 years.

SECTION 14.


Class B PCP drug from 5 to 3 years.

SECTION 15 and 16.


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Class C drugs from 2 years to 18 months (HOC).

SECTION 17.

Reduces the mandatory minimum for trafficking 100-2000 pounds of marijuana from 3 to 2

years.

SECTION 18.

Reduces the mandatory minimum for trafficking 2000-10000 pounds of marijuana from 5 to 3

years.

SECTION 19.

Reduces the mandatory minimum for trafficking more than 10000 pounds of marijuana from 10

to 8 years.

Cocaine Trafficking

SECTIONS 20 and 21.

Currently, trafficking 14-28 grams of cocaine carries a mandatory minimum of 3 years. These

sections reduce the mandatory minimum to 2 years and increase the weight eligibility to 18-36

grams.

SECTION 22.

Currently, trafficking 28-100 grams of cocaine carries a 5 year mandatory minimum. This

section increases the weight threshold to 36 grams, and reduces the mandatory minimum to 3

years.

SECTION 23.

Reduces the mandatory minimum for trafficking 100-200 grams of cocaine from 10 to 8 years.

SECTION 24.

Reduces the mandatory minimum for trafficking over 200 grams of cocaine from 15 to 12 years.


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Heroin Trafficking

SECTIONS 25 and 26.

Currently, trafficking 14-28 grams of heroin carries a mandatory minimum of 5 years. These

sections reduce the mandatory minimum to 3 years and increase the weight eligibility to 18-36

grams. Further, reduces the current mandatory minimum for trafficking 28-100 grams from 7 to

5 years and increases the weight threshold to 36 grams.

SECTION 27.

Reduces the mandatory minimum for trafficking 100-200 grams of heroin from 10 to 8 years.

SECTION 28.

Reduces the mandatory minimum for trafficking over 200 grams of heroin from 15 to 12 years.

Mandatory Drug Sentencing

SECTION 29 and 30.

Allows for those serving a mandatory minimum drug sentence to engage in increased

educational or employment opportunities.

Drug-free School Zones

SECTION 31.

Reduces the distancefrom 1,000 to 300 feetfrom which one who is convicted of distributing

drugs near school property must serve a 2 year mandatory minimum sentence. It also removes

the application of the mandatory minimum for violations that occur between the hours ofmidnight and 5 A.M.

Good Samaritan Provision II

SECTION 32.

Allows for a person to come forward in good faith to a medical professional on behalf of

someone who is experiencing a drug related overdose and neither the person seeking help nor the


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person experiencing the overdose would be charged for possession of drugs gained as a result of

seeking the medical attention. The section does not foreclose the possibility of prosecution for

distribution charges based on evidence seized.

Educational and Vocational Early Prisoner Release Credits

SECTION 33.

Increases the maximum good time credit allowed for a prisoner per month from 2.5 days per

program to 5 days per program.

SECTION 34.

Increases the maximum monthly allowance for educational and vocational credits allowed for

prisoners from 7.5 days per month, to a cap of 10 days per month.

SECTION 35.

Allows for a prisoner to receive an additional ten days of educational or vocational credit if they

complete a program requiring 6 or more months of participation, provided the prisoner

demonstrates competency in the material the program taught.

Parole Board Improvements

SECTION 36.

Mandates the parole board complete a risk and needs assessment prior to granting a parole

permit. Further requires the board to consider the behavior of the prisoner while in prison and

risk reduction programs available outside of prison.

Further requires that each board member voting certifies they have reviewed the criminal record

of the applicant, and the record must contain a tally of the vote total.

Life Sentences Parole Eligibility

SECTION 37.

Prevents prisoners serving multiple life sentences from receiving parole if the life sentences are

pursuant to two separate incidents. Also allows the board to postpone a life hearing for

potentially 30 days if in the interest of justice.


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SECTION 38.

Currently a majority of the parole board must vote in favor of granting a parole permit for one

serving a life sentence, this section changes that to a two-thirds requirement.

SECTION 39.

Prior to a parole hearing for one serving a life sentence, or for one convicted of a crime listed in

the new habitual offender violent felony statute, assuming that term of imprisonment was over

five years, the parole board must provide written certification that it has given notice to attorney

general, the district attorney in whose district sentence was imposed, the chief of police of the

municipality in which the crime was committed, and the victims of the crime.

Habitual Criminal Provisions

SECTION 40.

Section 25 of Chapter 279 currently provides that habitual criminalsthose who have twice

been committed to three years in prison and again serve three yearsare eligible for parole after

serving half of the maximum sentence. This section increases the time such a habitual criminal

must serve before becoming parole eligible, from half the maximum sentence to two-thirds of the

maximum sentence.

SECTION 41.

Provides that those sentenced under the new habitual offender violent felony statute shall not be

eligible for parole.

Parole Board

SECTION 42.

Grants the parole board 30 days to postpone a parole eligibility hearing if in the interest of

justice.

Habitual Criminal Provision

SECTIONS 43 and 44.


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Gives the SJC review of third convictions under the new habitual offender violent felony statute.

The SJC currently has such review of capital cases.

Parole Eligibility Life Sentences

SECTIONS 45 and 46.

Directs that upon sentencing a life sentence, except as provided for by the habitual offender

statute and the prohibition against parole for those serving a life sentence for murder in the first

degree and those serving multiple life sentences, the judge shall set the initial parole date at not

less than 15 nor more than 25 years.

Habitual Criminal Statutes

SECTION 47.

Habitual Offender Statutes

Current Habitual Offender Statute

Provides that those who have twice previously been convicted and sentenced to three year felony

sentences shall be sentenced to the maximum term upon conviction of a third felony sentence

(eligibility for parole at 2/3 of maximum sentence).

New Violent Felony Habitual Offender Statute

Creates a new violent felony habitual criminal statute that denies parole eligibility to the habitual

offender upon the person being sentenced for a third violation of crimes listed in the statute if the

person served at least 3 years for the first two offenses. The previous offenses must be the result

of separate incidents, and any new sentence runs consecutively, not concurrently, to any sentence

then being served.

Crimes committed while 17 or younger are not included as violations for the purpose of the

statute and prior to any guilty plea a defendant must be informed that the crime implicates the

habitual offender statute.


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Mandatory Drug Sentences

SECTION 48.

Applies drug sentencing changes to those currently serving sentences

Parole Board

SECTION 49.

Requires 8 hours of annual training for parole board members.

Effective Dates

SECTION 50.

Effective Date Provisions

section by section summary of melissa's bill

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