Suspended sentence; limitation on sentence upon revocation, technical violations, penalty.

Limitation on sentence upon revocation of suspensionof sentence; technical violations; penalty. Specifies that aviolation of the terms and conditions of a suspended sentence orprobation based on a defendant's failure to refrain from the use,possession, or distribution of a Schedule I or II controlled substanceshall not be considered a technical violation. Accordingly, a courtis not subject to the limitations on the amount of active incarcerationit can impose as a result of a revocation hearing based on such violationand may revoke the suspension and impose or resuspend any or allof the period previously suspended. Currently, a defendant's failureto refrain from the use, possession, or distribution of any controlledsubstance or paraphernalia is a technical violation.