Concerned about the state's high recidivism rate, one Utah lawmaker is proposing legislation that would require a person to serve 100 percent of a sentence on their fifth offense.
"We're just light on crime, and we need to be a lot tougher," said Rep. Matthew Throckmorton, R-Springville, who plans to sponsor the bill in the 2002 legislative session.
The Law Enforcement and Criminal Justice Interim Committee on Wednesday placed Throckmorton's proposal on a list of seven potential bills they'll consider before the 2002 legislative session.
Throckmorton blamed Utah's high recidivism rate of about 80 percent on the State Board of Pardons and Parole and said his proposed law would help deter criminals from escalating into more violent crimes.
"We have a lot of problems down there (in Springville), and most of it's recidivism," Throckmorton said.
Currently, state law allows judges to sentence convicted criminals to indeterminate prison terms. A first-degree felony, for example, carries a minimum of five years and maximum of life in prison. It's then up to the Board of Pardons to decide how much time someone actually spends in prison. Few inmates serve their maximum penalty.
Throckmorton's proposal would require offenders to serve 20 percent of their penalty on a first offense, 40 percent on the second offense, and so on until 100 percent of the term is served on the fifth offense.
He called his proposal a more reasonable alternative to California's "three-strikes" law, which sends someone to prison for life after their third offense.
"The intent of this is to be flexible," Throckmorton said.
But others who listened for the first time to Throckmorton's proposal Wednesday weren't so sure.
State Board of Pardons and Parole Chairman Michael Sibbett, who gave impromptu testimony before the committee Wednesday, told lawmakers there are already mechanisms in place to punish repeat offenders.
"If we do have these career criminals and they do come up before the Board of Pardons, they have a pretty tough time getting out," Sibbett said. "I don't want to sit here and say it's a good or a bad idea."
Sibbett also questioned the financial burden the law could place on the state's already crowded prison system. The Office of the Legislative Fiscal Analyst is studying the Department of Corrections to determine solutions to housing Utah's inmate population.
"I think the fiscal note would be a big issue," Sibbett said. "That's another issue you need to consider."
Sibbett suggested the proposal first be studied by the Utah Sentencing Commission.
Sentencing Commission Director Edward McConkie agreed, calling Throckmorton's proposal "sweeping reform."
"It would be taking a step away from indeterminate sentencing, and it would be taking a step away from judicial discretion and parole board discretion and putting it in the realm of the Legislature, which is what the Legislature did away with in 1995," McConkie said.
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