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Committee advances amendment to S.181 clarifying judges' discretion over pre-sentence investigations

Judiciary Committee · April 7, 2026

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Summary

The Judiciary Committee approved a committee amendment to S.181 on April 7 that clarifies judges may order pre-sentence investigations even if parties ask to waive them, while leaving discretion for parties and judges; the bill was advanced as amended.

The Judiciary Committee on April 7 approved a committee amendment to S.181, a bill that removes a blanket pre-sentence-investigation requirement for imposing certain deferred sentences and clarifies judicial discretion.

Chair said the amendment — requested by Judge Zoney and circulated to stakeholders — makes explicit that a court may order a pre-sentence investigation at its discretion even when defense and prosecution have agreed to waive one. "The parties can waive it, but the judge can disagree and still require [a PSI]," the Chair said.

Supporters pointed to testimony from the defender general, Matt Valerio, that waiving a PSI can preserve a negotiation window for plea agreements that could be lost while a PSI is prepared. A committee member noted testimony that pre-sentence investigations can take "three to six months," prolonging detention in some cases when a timely disposition would otherwise permit release.

Opponents urged caution. Committee member Gary Marville (as referenced in testimony) voiced concern that reducing routine PSI use could remove a layer of review some want to keep. Committee discussion emphasized the amendment does not eliminate PSIs but clarifies when a judge may still require one.

After discussion the committee moved, seconded and voted to advance S.181 as amended; the clerk called the roll and members recorded support. The committee indicated it will report S.181 to the next stage with the amendment included.

The committee also listed witnesses heard on S.181 earlier in the week, including Kent Beckiannis, Matt Valerio, Judge Stoney, Gary Marville and Michelle Childs. No precise roll-call tally for the amendment vote was recorded in the transcript excerpts provided.