The Senate Judiciary Committee is advancing a bill that gives judges more options for presumptive probation.
The bill is brought by Attorney General Marty Jackley. He said it’s in response to a case where someone who threatened the governor only received presumptive probation.
Jackley said threatening law enforcement, felony eluding and failing to appear in court are crimes that judges should have the option to depart from presumptive probation.
“If you're under parole, which is the Department of Corrections, or you’re already on probation - meaning, you’ve already gotten your presumptive probation, you’ve already gotten your diversion opportunities, your deferred prosecutions, a lot of chances," Jackley said. "There comes a point where we’re no longer gonna presume you get a ‘get-out-of-jail-free card,’ that there has to be consequences for your actions. The violent crimes that I’ve talked about should not be presumptive probation. And if you’re already in trouble, and you commit a crime while you’re in trouble, we should be just under the standard sentencing is the judge can still give you probation, but it’s not a presumption."
SB 57 passed 7-0 and heads to the Senate floor.
