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Panel backs bill letting solicitors send people to pretrial intervention more than once
Summary
The committee gave House Bill 3057 a favorable report after debating whether to allow solicitors near-unfettered discretion to place defendants in pretrial intervention multiple times; supporters said it expands treatment options, critics warned of open-ended discretion and the need to protect victims’ voices.
The Judiciary Committee gave House Bill 3057 a favorable report after extended discussion over whether solicitors should be allowed to consent to a person participating in pretrial intervention (PTI) multiple times.
Mr. Weeks, reporting the Bridal Law Subcommittee’s work, said H.3057 would amend the code to allow a solicitor to give consent for repeated participation in PTI in appropriate cases, while explicitly barring repeat PTI for prior domestic-violence PTI participation. "Currently, there is a bar against someone participating in a pretrial intervention program if they previously participated," Weeks said; the bill lifts that bar with solicitor consent.
Supporters, including Representative Rutherford, said giving solicitors discretion could reduce recidivism by allowing individualized diversion and treatment rather than a one-time fine. "If you can cut down on rates of recidivism, we should do everything possible to allow solicitors to do that," Rutherford said, describing PTI as "one more arrow in the quiver" for prosecutors.
Opponents cautioned about unlimited discretion and the potential to weaken victims’ voices. Mr. McEachern said his "big concern is open ended" use of PTI and urged stronger safeguards for victims. Committee members also questioned practical details such as fees and whether solicitors statewide or PTI program staff had been consulted; the transcript records that some solicitors and PTI representatives did not testify at the subcommittee level.
The committee recorded a favorable report on H.3057 during the session.
