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SALT LAKE CITY — Judges could reduce minimum sentences of some offenders by half under a proposal discussed Wednesday by the Utah Legislature's Judiciary Interim Committee.
The proposal "increases options available to the sentencing judge," said Rep. Kay McIff, R-Richfield.
McIff sponsored HB240 during the Legislature's last general session. The bill passed the House but died in the Senate amid concerns from victims' rights organizations. While the committee had no specific proposal before it, McIff said he had been asked to revisit the proposal with the committee.
"Not infrequently, rigidity becomes enemy, rather than the friend, of justice. That is so because almost every case brings different ingredients, histories, and almost every case involves an offender who has a different background, history, record. So to truly impose justice requires some individualized analysis in every case," said McIff, a retired district court judge.
HB240 would have given judges greater discretion in sentencing but not in cases of murder, aggravated murder or other offenses punishable by life without parole.
A judge would have to state his or her reasons on the record for a finding of reducing an offenders minimum sentence.
Not infrequently, rigidity becomes enemy, rather than the friend, of justice. That is so because almost every case brings different ingredients, histories, and almost every case involves an offender who has a different background, history, record. So to truly impose justice requires some individualized analysis in every case.
–Rep. Kay McIff, R-Richfield
McIff said some offenders he encountered while a judge were predators who would not receive this consideration. But there was one instance when he was locked into sentencing a young man to a 10-year mandatory minimum sentence for a sex offense prosecuted because of the ages of the respective parties involved in an sex act.
"I wish at the time there had been some ability in the system for the Board of Pardons to review that earlier," he said.
Paul Boyden, executive director of the Statewide Association of Prosecutors, agreed the issue needs to be examined.
"Our concern with the bill is that it's kind of sweeping," he said. A Utah Commission on Criminal and Juvenile Justice working group is examining related issues, which should provide guidance on McIff's proposal, Boyden said.
Anna Brower, public policy advocate with the ACLU of Utah, said the proposal deals with minimum sentences, which may make no "practical difference" in how much time an offender ultimately serves.
The discretion judges need most is the ability to cap sentences, she said.
"Five to life is an enormous range," Brower said.
Brower recommended that the committee devote more time to the issue in an upcoming meeting.
