SB 18-037

Abstract

Sentencing in the Criminal Justice System Interim Study Committee. The bill repeals the provision that requires a court to sentence a person who has been convicted of 2 prior felonies within 10 years of the commission of another felony to the department of corrections for a term of 3 times the maximum of the presumptive range for the level of felony last committed. Under current law, a court must sentence a person convicted of a felony who has been convicted of 3 prior felonies to 4 times the maximum of the presumptive range of the last felony. The bill changes the provision so that it applies only to a person convicted of one of the specified felonies who has 3 prior convictions relating to the specified felonies. It requires the court to sentence the person to between 2 and 3 times the maximum of the presumptive range for the felony for which he or she is being sentenced, unless the court finds the case to be exceptional and involves extenuating circumstances. If the court finds extenuating circumstances, it may sentence the person to a lesser term, to community corrections, or to probation, but the court must notify the state court administrator of the extenuating circumstances justifying such a sentence. A person sentenced as an habitual offender is eligible for parole after he or she has served 75% of the sentence imposed less any earned time granted. (Note: This summary applies to this bill as introduced.) Read More