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Bill sponsors seek $677,800 ongoing to fund sentencing change for attempted violent crimes
Summary
Representative Wynne said HB 78 would change sentencing presumptions for narrowly defined attempted violent crimes so the presumption is prison rather than parole and presented an RFA for the estimated FY26 cost.
Representative Wynne presented a funding request tied to HB 78, a criminal‑code amendment that would change statutory sentencing presumptions for narrowly defined attempted violent offenses. The bill would shift the presumption from parole to prison for attempted versions of certain offenses — for example, attempted homicide, attempted aggravated robbery and attempted aggravated burglary — while preserving judicial discretion through written on‑the‑record departures and maintaining plea‑bargaining pathways.
Representative Wynne said the policy rationale is that intent (mens rea) to complete a violent offense should carry similar presumptive consequences whether the offense was completed or merely attempted. Corrections re‑estimated the fiscal impact after discussions with sponsors and reported the FY26 cost at $677,800 ongoing (reduced from an earlier estimate); sponsors said the change would affect roughly 19 cases a year.
Committee members asked for more details about downstream cost impacts and prison population effects. Representative Wynne and corrections staff said prison‑cost estimates vary with facility fixed costs and occupancy rates and recommended further analysis as the committee considers appropriations and policy tradeoffs.
