State lawmakers are moving to increase the fee Oklahoma courts can levy for presentence investigations.
Senate Bill 186 would set the fee range at $50 to $500, up from the current $5 to $500. Rep. Randy Worthen said that still doesn’t cover what the work costs the Department of Corrections.
"Presentence investigations usually average about $800. So, I think the range is a proper range," Worthen said.
Presentence investigations are deep dives into offenders’ backgrounds and their crimes’ impact on victims, and they are typically done for violent felonies.
Rep. Regina Goodwin said a $45 increase at the low end of the fee range could be a problem.
"If you have somebody who does not have the ability to pay and they’re holding a job, that money should matter to everybody in this body," Goodwin said.
Worthen does not think an additional $45 will make or break someone in most cases.
"Either after the sentence is provided by the court or upon release from DOC, they’re going to come back and do a payment plan anyway. So, I think it’s a reasonable amount," Worthen said.
Courts may assess lower fines if defendants show they can’t pay.
SB186 also changes the scenarios in which courts may order presentence investigations.
Such investigations are currently limited to violent felony cases or defendants with felony records being convicted of a nonviolent offense. The bill raises the bar for convicted felons to cases where they're convicted of a new, nonviolent felony.
The bill would also allow courts to order presentence investigations when defendants plead not guilty to a nonviolent felony but are found guilty by a judge.
Democrats tried Tuesday to change SB186 before it was passed by the House. Four different amendments sought to waive presentence investigation fees for defendants with public defenders, strike the title from the bill to bring it in line with other criminal justice reform measures, preserving the current fee range and prohibiting the fee in new scenarios where presentence investigations would be allowed.
Each amendment was voted down. SB186 passed the House 51–42 and returns to the Senate for approval of a House amendment.
