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Committee backs SB 552 to allow county attorneys to seek transfer of probation revocation petitions
Summary
The Senate Judiciary Committee passed SB 552, which permits a county attorney in the county where a defendant commits a new felony to petition transfer of the original probation-revocation matter so local prosecutors can consolidate revocation and new-felony proceedings.
Senator Barry Usher introduced Senate Bill 552 to address a procedural gap: when a person who received a suspended or deferred sentence in one county later commits a felony in another county, the new county cannot always obtain revocation of the original sentence without the original county’s active petition. SB 552 allows the county attorney in the county where the new felony occurred to file a petition to transfer the earlier revocation matter.
Fergus County Attorney Kent Sipe described real cases where a defendant committed new crimes in his county while on probation from another county; he said local public safety is best served when the county that faces the new criminal conduct can seek revocation and have the matters consolidated locally. Sipe and other proponents said the change is permissive (a county may petition) and does not mandate transfer, but it provides statutory authority to seek consolidation.
Committee members asked whether county attorneys already cooperate; proponents said informal cooperation exists but that statutory permission and the pressure to act would improve timeliness and accountability. The bill passed out of committee on a roll-call vote with seven yes and one no.
Sponsor said the change also clarifies cost responsibility for custody and transport when revocations occur.
