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Sentencing commission opposes bill to count foreign convictions in offender scores
Summary
The Sensing Guideline Commission voted to oppose SB 6,203, which would allow certain out-of-state and foreign convictions to be counted in offender scoring if 'sufficient safeguards' for fairness are present. Commissioners cited logistical, evidentiary and equity concerns.
The Sensing Guideline Commission on Jan. 30 voted to oppose SB 6,203, a proposal that would allow out-of-state convictions — including from foreign countries, if accompanied by 'sufficient safeguards' for fundamental fairness — to be considered in offender scoring.
Commission staff summarized the substitute for SB 6,203 and said the bill would permit foreign convictions to count when prosecutors could show the convictions met fairness and due-process standards. Judge Wiggs moved that the commission oppose the bill; the motion was seconded and carried after a hand vote.
Commissioners and judicial members raised multiple objections. Judge Wicks said the state lacks a uniform global criminal-history system and warned that allowing foreign convictions without a consistent protocol could create unequal treatment: "If we start globalizing this...it's either everybody or nobody," she said, arguing that selective availability of foreign records could lead to unfair outcomes. Other members asked how courts would verify that foreign proceedings provided rights comparable to U.S. constitutional protections.
Some participants noted prosecutorial practice can sometimes produce foreign-conviction records on an individualized basis, but commissioners said that ad hoc discovery does not resolve systemic fairness concerns. Jeshua observed that sentencing guidelines assume offenders have notice of prior convictions and criticized the philosophical basis for expanding scores to include convictions from jurisdictions with markedly different procedural safeguards.
The commission's staff recorded proxies and hand counts during the vote; the chair announced the motion carried and the commission adopted a formal opposition position. The transcript contains varying tallies and proxy notations recorded during the roll call.
Next steps: staff will record the commission's opposition position for the bill's hearings and any subsequent committee records, and members said they would revisit the item should the bill be amended.
