Check me (Crim Law ain't my bailiwick) on this but doesn't SB91 only apply to a certain class of felonies?  Specifically class C felonies?  So this would only apply if he was convicted with a class C violation? That he could be out on the streets for reasons completely outside the scope of SB91 such as only being charged and not convicted because he's out on bail until his trial comes up (highly possible as the arrest was only a couple of weeks ago) or because he wasn't tried because of a technicality?
Note: This isn't to say that you are wrong but that your explanation is insufficient.  I'd think that a conviction of "second degree assault" would be beyond the scope of SB91 but I cannot be bothered to look it up right now.