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Bill > H5648


RI H5648

RI H5648
Requires sentencing court to consider whether defendant is parent of child, or caregiver of elderly, disabled or terminally ill person whose well-being would be adversely affected by the person's incarceration and if so, shall impose a non-jail sentence.


summary

Introduced
02/26/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead
06/20/2025

Introduced Session

2025 Regular Session

Bill Summary

This act would require a sentencing court to consider whether the defendant is the parent of a child, or infant or caregiver of an elderly disabled or terminally ill family member whose wellbeing would be adversely affected by the person’s incarceration and if so, shall impose a sentence of probation, a suspended sentence or home confinement unless that defendant poses a significant risk of danger to the community that outweighs the effects on the child or parent for whom they care. This act would take effect upon passage.

AI Summary

This bill amends existing law to require sentencing courts to carefully consider the potential impact of incarceration on a defendant's children, elderly, disabled, or terminally ill family members when determining sentencing. Specifically, the bill mandates that courts conduct a comprehensive assessment of the family circumstances, including factors such as breastfeeding, the child's or family member's age, the defendant's role in caregiving, the relationship dynamics, special needs, and financial support responsibilities. The court must allow the defendant to present a family impact statement during sentencing, which can include testimony from family and community members. Unless the court determines that the defendant poses a significant risk to the community that outweighs the potential harm to their dependents, the court shall impose alternative sentencing options like probation, suspended sentence, or home confinement. This approach aims to minimize disruption to vulnerable family members while still maintaining public safety, recognizing the critical role some defendants play in their families' care and support.

Committee Categories

Justice

Sponsors (10)

Last Action

Committee recommended measure be held for further study (on 04/01/2025)

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