A behavioral incentive date is a useful tool for some folks who are pleading guilty to ensure they are not subject to lengthy probation sentences. It allows for a sentence to terminate early if the defendant is in compliance with all of the terms of their probation.
Do all Sentences Qualify for a Behavioral Incentive Date?
No. There are certain requirements that restrict those who are eligible for a BID date. First, it must be the defendant's first felony conviction. Second, the sentence must include no jail/prison time, only probation.
When Will by Sentence Be Terminated?
This is up to judge. But, the date must be no later than three years from the start of the sentence. It can also be earlier and it is good to ask the judge for a date earlier than that for termination of your straight probation sentence.
Furthermore, you must be in compliance with your probation. All restitution must be paid and there can not be any new arrests.
I've Complied with My Probation. Do I have to Hire a Lawyer to Have my Probation Terminated?
No. Within 60 days of the BID's date passing the Dept. of Community Supervision (probation) must send the case to the Court with a proposed order to terminate probation.