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Senate moves to require hearing before revoking probation over unpaid restitution
Summary
The Senate advanced first substitute Senate Bill 71, which adds an order-to-show-cause step before a court can revoke probation or reincarcerate someone for failure to pay restitution. Sponsors said the change aims to prevent 'debtors prison' and improve consistency; the bill received 26 yay votes and will be read for a later time.
Senate members advanced first substitute Senate Bill 71 on a vote after the sponsor described the measure as a safeguard for people on probation and parole.
Senator Thatcher, the bill sponsor, said the bill — the product of a Sentencing Commission working group — "requires that before you can put someone that is on parole or probation, and before you can void their probation and throw them back in jail for failure to pay, it adds a step where you now have an order to show cause." He said the change is intended to avoid "debtors prison" and encourage consistency in collection practices.
Supporters said the bill focuses on early probation periods and on setting goals and regular contact during the first 90 days to improve successful completion of probation. Thatcher noted the measure is not intended to excuse restitution but to add procedural protections before incarceration is used as enforcement.
The Senate moved to read the bill for a third time; the clerk recorded that first substitute Senate Bill 71 "received 26 yay votes, 0 nay votes, 3 being absent." The bill was ordered to be read at a certain time on the calendar.
The bill's immediate next step is a third reading on the Senate calendar; the Senate recorded the roll-call outcome when the motion to read the bill was made.
