Senate Bill 23

Chair's Name: David Ralston

Committee: Judiciary Non Civil

Senate Sponsor: John Douglas

House Sponsor: Doug Collins

SB 23 would allow a sentencing court and the Board of Pardons & Paroles to inquire whether a person to be sentenced or paroled is lawfully present in the United States under federal law and thus, could be subject to deportation. If the Court or the Board determines that that individual is subject to deportation it may take into consideration whether it is likely that deportation could intervene and frustrate the state interest if probation or parole is granted. If the Court or the Board determines that deportation will frustrate the state interest the court or the Board is authorized to decline to probate, suspend or parole the offender in furtherance of the state interest.

This bill received a Do Pass recommendation from the Judiciary Non Civil Committee and comes to the House Floor under the Open Rule. 

Chairman Ralston�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

If the Superior Court or the Board of Pardons and Paroles determine that an individual is not lawfully in the United States and is subject to deportation it may take that fact into consideration when making its decision regarding probation, suspended sentence or parole.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Superior Courts and the Board of Pardons and Paroles making sentencing or parole decisions that are frustrated by the defendants� subsequent deportation

THIS LEGISLATION:

• Reduces the Tax Burden on our Citizens:

By not incurring the costs associated with the placing on probation or parole status individuals who are deported before completing a sentence and/or paying restitution