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Senate Judiciary reviews H.410 to tighten recidivism definition and reporting
Summary
At a January Senate Judiciary meeting, Legislative Council and counsel debated H.410's proposed new recidivism definitions and calculation rules, focusing on unclear timing language, whether to count rearrests and probation/parole returns, and the data burden on DOC and other agencies.
At a January meeting of the Senate Judiciary Committee, members began reviewing H.410, a draft bill that would revise how the state defines and measures recidivism. Legislative Council lawyer Michelle Childs walked the committee through the draft and flagged multiple unclear or inconsistent terms that need policy direction before the bill can move forward.
The draft replaces the existing statutory definition and adds a series of classifications that measure a subsequent conviction occurring within 1, 3, 5 or 10 years from an initial sentencing date. Childs told the committee the draft often anchors calculations to different events—sentencing, arraignment, disposition or release—and said the relationship among those choices should be clarified. "For a person sentenced to a term of incarceration, recidivism shall be calculated from the date the person is released from a…
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