Provides that if a defendant dies when they have a pending appeal, such appeal shall be dismissed and the trial court's judgment shall remain in effect.
This bill (S 329) changes criminal procedure rules to allow defendants to appeal a judge's decision denying a motion to suppress evidence - even if they later enter a guilty plea. It directly affects criminal defendants who want to challenge evidence rulings that may involve issues of public concern. The key provision amends the law to make such denial orders "reviewable upon appeal" from the final conviction, removing a previous barrier that prevented appeals after a guilty plea. This provides a clearer path for defendants to seek appellate review of critical evidence rulings without being barred by their own plea. The change applies to all criminal cases where evidence suppression is contested.
Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; requires notification to be made to the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; repeals provisions of the "protect our courts act".
Directs the commissioner of corrections and community supervision to study gender disparity in resources provided to incarcerated individuals and make a report to the governor and the legislature of the findings, conclusions and recommendations.
Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.
Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.
Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.
Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, such defendant intentionally causes the death of such person.
Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.
Enacts the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) Act" to evaluate certain defendants; establishes a risk assessment instrument to aid judges in determining whether to release or detain a principal, where and when a release is appropriate and necessary conditions that should be imposed as part of such release; repeals provisions of law relating to qualifying offenses and allows a court to set bail or remand a principal where based on the risk assessment instrument, where the principal poses a safety risk or risk of flight; makes related provisions.