Commission changes wording in first‑offender statute subsection to mirror case law

Commissioners debated subsection c of 80.31 — the first‑offender prison‑term guideline — at length after staff noted appellate decisions had highlighted inconsistencies between preamble language and main subsections. The discussion centered on whether the preamble’s "may" left discretion or whether the court's interpretation (People v. Wallaby) had already made the provision mandatory. After multiple members argued that converting the subsection to "shall" would remove ambiguity and better align the text with the court's holding, a motion to change subsection c from "may" to "shall" was moved and seconded and the chair announced the motion carried.