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Senate panel hears bill to require pre‑sentence investigations in felony cases
Summary
Sen. Laura Smith introduced SB 84 to require pre‑sentence investigation reports for felony cases unless a recent PSI exists; supporters say PSIs inform sentencing, parole and prison classification while state corrections officials warn the change would increase staff workload.
Sen. Laura Smith, the sponsor, told the Senate Judiciary Committee that Senate Bill 84 would require a pre‑sentence investigation (PSI) in felony cases unless the defendant had a PSI within the previous 18 months. The bill also allows a court to require that a PSI include a physical and mental examination, a substance use disorder assessment, or both.
The bill matters, supporters said, because PSIs supply judges and other justice‑system decision makers with background information used not only at sentencing but later by prisons, parole boards and supervising officers. "We should not . . . allow the judiciary or defense counsel or prosecutors to waive this very important document," attorney Scott Twito said, noting he was appointed to the Criminal Justice Oversight Council (CJOC) by the attorney general and that the council vetted the proposal.
Victim‑advocacy groups and corrections practitioners told the committee they support the bill but asked the Legislature to fund the work PSIs require. Kelson Young of the Montana Coalition Against Domestic and Sexual Violence said PSIs capture victim concerns and patterns of offending important to public safety. Jimmy Patelis, vice chair of CJOC, and Caitlin Flood of the nonpartisan Crime and Justice Institute described PSIs as a national best practice: Flood said at least 30 states mandate PSIs for serious offenses and that PSI content varies by jurisdiction.
Brian Goodkin, director of the Department of Corrections, told the committee the agency currently employs 14 full‑time staff who write PSIs and estimated the bill would raise PSI production roughly 15 percent — an "additional 571" reports statewide, according to his testimony. Goodkin said probation officers wrote 4,848 PSIs in the 2023–24 reporting year and that the change would increase workload for probation staff.
No opponents testified in the hearing. Several informational witnesses from state agencies — including the Department of Public Health and Human Services and the Department of Corrections — said they were available to answer implementation questions.
The committee later voted in executive action to pass SB 84 out of committee.
Supporters said the bill promotes individualized, informed sentencing and more consistent records for later parole and classification decisions; corrections officials and advocates said the state must resource the additional investigative work if the policy is adopted.
The hearing record shows sponsors and proponents emphasizing PSIs' downstream uses for parole and programming, while agency witnesses flagged workload and staffing implications.
