The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of interference with child custody. Under the provisions of the bill, the defense to prosecution of the offense and the behaviors that constitute the offense would be amended. The offense would be punishable as a third degree felony if shown at trial that the actor has three or more previous convictions for the offense. Under current statute, interference with child custody is punishable as a state jail felony.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000.
Enhancing the penalty for an offense is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 88 people were arrested, fewer than 10 were placed on direct community supervision, and fewer than 10 were admitted to a state correctional institution for the offense of interference with child custody under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.