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Sensing Guideline Commission tables juvenile sentencing bill 2389 amid split on judicial discretion and resource gaps
Summary
Commission members debated bill 2389’s presumption that judges order community alternatives or send youth to juvenile facilities, but raised concerns about the low 'preponderance' risk standard and lack of funding for community programs; the commission voted to table the bill pending amendments.
The Sensing Guideline Commission on Jan. 23 debated proposed changes in juvenile sentencing under bill 2389 and voted to table further action until amendments are available.
Commission vice chair Ty Mentzer opened the special meeting at 12:02 p.m. and invited staff to introduce the agenda item. Staff noted bill 2389 (and related file 6062) had been tabled at the prior meeting for additional review because members considered it "a very meaty bill." Judge Gilbond, speaking for the Minority and Justice Commission, said the group favored "additional judicial discretion and individualized determinations for youth," while stopping short of endorsing provisions outside its mission.
Why it mattered: members repeatedly flagged a drafting choice that would make certain sentencing alternatives presumptive — language several speakers described as a "shall" requirement — and questioned whether that presumption improperly constrains…
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