How does the court record reflect a future effective date for a Certificate of Discharge?


2019 legislation, HB 1041 - 2019-20, allows for entry of a certificate of discharge that could have a future effective date.  An offender may file a motion with the sentencing court for a certificate of discharge and provide verification of completion of all nonfinancial conditions of sentence.  The court can waive the requirement for verification.  The resulting certificate of discharge is effective on the later of:  
  1. Five years after completion of community custody, or after completion of full and partial confinement if not required to serve community custody; or
  2. The date any and all legal financial obligations were satisfied. 
The Certificate and Order of Discharge form has been updated to accommodate the certificate's effective date options:  
  1. CRORD (Certificate and Order of Discharge) is the appropriate option to event/docket when the certificate has an immediate effective date.
  2. CRORDP (Certificate and Order of Discharge Provisional) is the appropriate option to event/docket when the certificate has a future effective date.
  3. CRORDN (Certificate and Order of Discharge No Contact Order) is the appropriate option to event/docket when the certificate has an immediate effective date, and the no contact order has been reissued.
  4. CRORDPN (Certificate and Order of Discharge for Issuance of Separate NCO) is the appropriate option to event/docket when the certificate has a future effective date, and the no contact order has been reissued.
New motion-related codes:
  • MTCORD - Motion for Certificate and Order of Discharge
  • MCORDPN - Motion for Certificate and Order of Discharge and Petition for NCO
This bill does not modify the provisions for reissuing a separate no-contact order under a new civil case that requires payment of a filing fee.  In addition to sending the reissued no-contact order to individuals protected by the order, this bill includes a requirement for the clerk to send the no-contact order to other protected entities identified in the order.


RN id: 2519