LD 308
pg. 4
Page 3 of 8 An Act to Implement the Recommendations of the 118th Legislative Joint Select C... Page 5 of 8
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LR 237
Item 1

 
3.__During the period of supervised release specified in the
sentence made pursuant to subsections 1 and 2, and upon
application of a person on supervised release or the person's
probation officer, or upon its own motion, the court may, after a
hearing upon notice to the probation officer and the person on
supervised release, modify the requirements imposed by the court,
add further requirements authorized by section 1232, or relieve
the person on supervised release of any requirement imposed by
the court that, in its opinion, imposes on the person an
unreasonable burden.

 
Notwithstanding this subsection, the court may grant, ex parte, a
motion brought by the probation officer to add further
requirements if the requirements are immediately necessary to
protect the safety of an individual or the public and if all
reasonable efforts have been made to give written or oral notice
to the person on supervised release.__Any requirements added
pursuant to an ex parte motion do not take effect until written
notice of the requirements, along with written notice of the
scheduled date, time and place when the court will hold a hearing
on the added requirements, is given to the person on supervised
release.

 
4.__On application of the probation officer, or of the person
on supervised release, or on its own motion, and if warranted by
the conduct of the person, the court may terminate a period of
supervised release and discharge the convicted person at any time
earlier than that provided in the sentence made pursuant to
subsections 1 and 2.__A termination and discharge may not be
ordered upon the motion of the person on supervised release
unless notice of the motion is given to the probation officer by
the person on supervised release.__A termination and discharge
relieves the person on supervised release of any obligations
imposed by the sentence of supervised release.

 
5.__Any justice, in order to comply with section 1256,
subsection 8, may terminate a period of supervised release that
would delay commencement of a consecutive unsuspended term of
imprisonment.__Any judge may also do so if that judge has
jurisdiction over each of the sentences involved.

 
6.__The court may revoke a period of supervised release
pursuant to section 1233.__If the court revokes a period of
supervised release, the court may require the person to serve
time in prison under the custody of the Department of
Corrections.__This time in prison may equal all or part of the
period of supervised release, without credit for time served on
post-release supervision, but may not exceed 1/3 of the straight
term of imprisonment imposed.


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