State Attorney General Mark Bennett has balked at the state House's proposed changes to a three-strikes penalty for violent felons that would give judges discretion to reduce mandatory prison sentences in extraordinary circumstances.

Bennett and state House and Senate negotiators are still in discussions but if they do not agree soon the bill is in danger of failing this session. The bill would impose mandatory sentences of 30 years to life if criminals are convicted of a third violent felony.

Bennett said that allowing judges to reduce sentences effectively defeats the purpose of the bill and would lead to random and arbitrary application. He also is disappointed that House lawmakers have kept home burglary off a list of crimes that would be subject to the penalty.

House and Senate negotiators said a compromise is still possible but there are only a few days before lawmakers need to have bills ready on Friday for final votes next week.

State Rep. Blake Oshiro, D-33rd (Halawa, 'Aiea, Pearlridge), the vice chairman of the House Judiciary Committee, has been skeptical about mandatory minimum sentences and said the state already has enhanced sentencing for repeat offenders. He said the provision in the House would give judges discretion in extraordinary circumstances where the facts of a case do not warrant a three-strikes penalty.

"You need to be able to allow judges to look at individual circumstances, because one case doesn't fit all," Oshiro said.

State Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), the chairwoman of the Senate Judiciary and Hawaiian Affairs Committee, said she would take a closer look at Bennett's suggestion that giving judges the ability to reduce sentences might put the bill into constitutional jeopardy.

The 9th U.S. Circuit Court of Appeals ruled in January that juries, not judges, should decide the factors that justify enhanced sentencing. The ruling, based on U.S. Supreme Court precedent, upheld a lower federal court decision that overturned a life sentence for Wayman Kaua, convicted of attempted manslaughter in a 1998 standoff with police in Pearl City.

Kat Brady, coordinator of the Community Alliance on Prisons, said she continues to oppose the bill even with the House changes. She said mandatory minimum sentences are costly and ineffective and that she is disturbed that burglary might be labeled a violent crime.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.