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Commission retains support for persistent-offender changes; amendment narrows retroactive impact

Sensing Guideline Commission (SGC) · February 6, 2026
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Summary

SGC reviewed changes to the persistent-offender definition that narrow retroactive application (reducing the number of incarcerated people affected) and heard members say the commission’s pro position remains appropriate.

Staff described the year's changes to the persistent-offender bill, explaining the statute now treats murder 1 or 2 and similar most-serious offenses differently and limits the other 'most serious' offenses to conduct committed at age 18 or older; the bill also requires prosecutors to notify victims and survivors about sentencing motions.

Commissioner Brandes said the amendment substantially reduced the number of people who would be reclassified retroactively, noting the affected incarcerated population fell from 24 to 10 under the revised language. Several commissioners said they remained supportive of the SGC's pro position; no motion was made to change the stance.