Which technical violations are no longer eligible for incarceration?

Answer

The following technical violations (non-criminal violations) will no longer be eligible for incarceration: missing curfew, alcohol or other drug use (unless on parole for a DWI), failing to notify PO of a change in employment or program status, failing to pay surcharges and fees, obtaining a driver’s license or driving with a valid license (unless explicitly prohibited by the conviction), failing to notify PO of contact with law enforcement (unless intending to hide illegal behavior), and failing to obey any special conditions (unless the failure cannot be addressed in the community and all reasonable community-based methods to address the behavior have been exhausted). If a person is on parole for a sex offense and parole can demonstrate that a violation of this nature is related to preventing another sex offense, the violation will be treated as a non-technical violation and will be subject to incarceration.

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