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Commission backs First Time Offender Waiver changes with caveat on assault and robbery inclusions
Summary
The SGC recommended a 'due pass' on a revised First Time Offender Waiver that would expand eligibility and replace short confinement with deferral/suspended-sentence mechanics, but members recorded mixed views about including robbery 2 and assault 2; the motion carried with substantial abstentions.
The Sensing Guideline Commission on Jan. 23 recommended a "due pass" for a revised First Time Offender Waiver (FTOW) but asked that legislative testimony note internal disagreement over including robbery in the second degree and assault in the second degree among eligible offenses.
Commission staff summarized the proposal: FTOW would apply to people with no prior felony conviction in adult court (and no prior felony deferred prosecutions in adult court), remove many drug offenses from exclusion lists so some drug-possession cases could be eligible, and replace an option for a short period of confinement with a deferral or suspended sentence tied to community custody or treatment (up to six months of community custody or up to one year tied to treatment).
Why it mattered: advocates said the change could let more people…
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