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Senate Judiciary advances bill to require pre‑sentence investigations in felony cases

Senate Judiciary Committee
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Summary

Sen. Laura Smith introduced SB 84 to make pre‑sentence investigations (PSIs) mandatory in felony cases unless a PSI was done within 18 months, and to allow courts to require a physical/mental exam or substance use disorder assessment; proponents cited needs for individualized sentencing and parole data, while agencies flagged staffing impacts.

Senator Laura Smith, sponsor of Senate Bill 84, told the Senate Judiciary Committee that the bill would require pre‑sentence investigations (PSIs) in felony cases except when a PSI was completed within the prior 18 months and would allow courts to require a physical or mental examination or a substance use disorder assessment as part of the PSI. She said the Criminal Justice Oversight Council drafted the bill to ensure sentencing decisions and downstream corrections decisions are informed by consistent, up‑to‑date background information.

Supporters emphasized PSIs’ role beyond the immediate sentence. Jimmy Patelis, vice chair of the Criminal Justice Oversight Council and a parole‑board member, said PSIs are “one of the most important documents within the criminal justice corrections setting” because courts, prison classification staff and parole boards rely on the same history to make later decisions. Caitlin Flood of the Crime and Justice Institute summarized national trends and told the committee at least 30 states mandate PSIs for felonies or serious misdemeanors, and that consistent PSI practice supports individualized sentencing.

Operational witnesses flagged implementation needs. Brian Goodkin, Director of Corrections, said the Department currently has 14 full‑time PSI writers and estimated the bill would increase PSI workload by roughly 15 percent (an additional ~570 PSI tasks statewide). Goodkin and others urged that staffing and funding be considered if the state makes PSIs mandatory. Chad Parker, deputy chief legal counsel at the Department of Public Health and Human Services, noted overlap between PSIs and pre‑treatment evaluations and said his department is available to work with the committee on any statutory impacts related to mental‑health evaluations.

Committee members did not pose extensive technical objections at the hearing. Senator Smith closed by reiterating that PSIs help courts set conditions of probation, inform prison placement and parole decisions, and ensure victims’ voices are included in case histories.

The committee later moved SB 84 to a do‑pass recommendation during executive action; the motion passed in committee.