Second Substitute House Bill 1126 as Recommended by Appropriations

Source

Section 1

This section modifies existing section 9.94A.171. Here is the modified chapter for context.

  1. A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in total confinement pursuant to a new conviction.

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    1. Any term of community custody shall be tolled by the department for any period of time during which a secretary's warrant has been issued.

    2. Any term of community custody shall be tolled by the department for any period of time for which a bench warrant has been issued as specified by the court.

  3. Any term of community custody shall be tolled while the offender is serving confinement time as a part of his or her original sentence, including time served on sanctions that result in the imposition of the remaining sentence.

  4. Any term of community custody shall be tolled by the department while the offender is serving confinement time for a subsequent felony conviction, including presentence confinement as confirmed by the detaining facility.

  5. Inpatient treatment and alternatives served in the community as ordered by the court in lieu of jail time shall not toll the period of community custody.

  6. For terms of confinement or community custody, the date for the tolling of the sentence shall be established by the entity responsible for the confinement or supervision.

  7. For the purposes of this section, "tolling" means the period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.

Section 2

If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2021, in the omnibus appropriations act, this act is null and void.


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