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Senate Judiciary Committee advances S1 181 after counsel explains narrowing of PSI requirements
Summary
On March 13 the Senate Judiciary Committee voted 5-0 to report S1 181 out of committee. Legislative Counsel said the strike-all amendment narrows when a presentence investigation is required and fixes a scrivener's error while preserving victim-impact review.
The Senate Judiciary Committee on March 13 voted 5-0 to report S1 181, a bill that would change when courts must order a presentence investigation and clarify when deferred sentences may be imposed.
Legislative Counsel told the committee the committee amendment (draft 1.1) is a "strike-all" that distinguishes two paths for a deferred sentence: one based on agreement between the prosecutor and defense, and a second where the court acts on its own motion. Counsel said the amendment removes the requirement for a presentence investigation when a court, on its own motion, imposes a deferred sentence for a non-listed crime, while retaining a PSI requirement for listed crimes "unless the state's attorney and the respondent agree to waive the presentence investigation." Counsel also said a scrivener's error was corrected so that subdivision five continues to require the court to review the victim's impact statement before sentencing.
After the explanation, the chair asked for questions; none were recorded in the transcript. The chair then asked for a motion to vote S1 181 out of committee; a committee member seconded the motion. The transcript records the following roll-call responses: Senator North — yes; Senator Barut — yes; Senator Matoss — yes; Senator Vikovski — yes; Senator Hasheen — yes, producing a 5-0 vote in favor of reporting the bill.
What advances: Under the amendment, courts acting on their own motion would no longer automatically trigger a presentence investigation for non-listed crimes, reducing one procedural requirement in those cases. For listed crimes the PSI remains required unless both the state's attorney and the respondent agree to waive it. The amendment also preserves the requirement that the court review victim-impact statements.
The committee chair said the bill could be reported out and offered to assist members preparing for floor consideration. The chair noted this was the last Senate bill for crossover and previewed work on House bills next week. The committee adjourned after completing its agenda.
Votes at a glance: S1 181 — Motion to report bill out: Passed, 5-0 (Senator North — yes; Senator Barut — yes; Senator Matoss — yes; Senator Vikovski — yes; Senator Hasheen — yes).
