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Senate pauses bill giving judges limited power to reduce mandatory prison minimums after heated debate

Utah State Senate · March 5, 2019
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Summary

Senate debate over first substitute SB231 focused on giving judges discretion to reduce mandatory prison minimums by up to 50%. Sponsor amendment narrowed applicability to prison sentences with a minimum term of at least one year; senators raised concerns about applying the change to the most serious child‑abuse offenses. The bill was amended and circled for more work.

Senator Collamore introduced first substitute SB231, a bill to give judges limited discretion to reduce mandatory minimum prison terms in narrow circumstances. Collamore said the bill "gives the judges some discretion to reduce that sentencing up to 50% where there's served," and emphasized safeguards requiring judges to make findings on the record explaining the decision.

Opponents warned the proposal could undermine legislatively established mandatory minimums for the state’s most serious offenses. Senator Weiler said he opposed the measure in committee and called it "basically the same bill that... ran a couple of years ago," adding that allowing judges to reduce specified mandatory minimums would amount to a backdoor repeal of those legislative decisions. Senator Thatcher asked the sponsor to remove three enumerated child‑sex offenses or limit waivers by victim age, saying she could support narrower changes but not a measure that allows waiving half of the minimum for what she called the state’s "most heinous crimes."

Supporters, including Senator Hillier, argued judges should retain a narrow tool to account for case‑specific circumstances. Hillier said real cases can involve situational factors and that the statute would not change maximum penalties; it would only permit a documented, discretionary reduction of the mandatory minimum in limited cases.

Senator Collamore offered an amendment to clarify the bill applies only to prison sentences with a minimum term of at least one year and described the requirement that judges make explicit findings as a key safeguard. The amendment passed on the floor. After extended debate and acknowledgment of outstanding concerns, the Senate voted to "circle" the bill — effectively holding it for further work and possible amendment before third reading.

Next steps: SB231 was amended on the floor and circled for additional sponsor work and committee or floor amendment before it is considered again for third reading.