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CALIFORNIA - JUDICIAL COUNCIL - UNIFORM DETERMINATE SENTENCING ACT OF 1976 - REPORT AND RECOMMENDATION CONCERNING PROPOSED SENTENCING RULES AND RECOMMENDED REPORTING SYSTEM

NCJ Number
39947
Author(s)
ANON
Date Published
1977
Length
47 pages
Annotation
THIS REPORT BY THE SENTENCING PRACTICES ADVISORY COMMITTEE DESCRIBES AND ANALYZES CALIFORNIA'S UNIFORM DETERMINATE SENTENCING ACT OF 1976, AND RECOMMENDS A NEW SENTENCE REPORTING SYSTEM.
Abstract
SINCE 1917, THE SENTENCING OF FELONS TO PRISON IN CALIFORNIA HAS BEEN ON AN INDETERMINATE BASIS, WITH THE JUDGE SETTING GENERAL LIMITS BUT THE PRISON AUTHORITIES OR, MORE RECENTLY, THE PAROLE BOARD, DECIDING THE EXACT LENGTH OF SENTENCE. GROWING DISSATISFACTION WITH THE RESULTANT SENTENCE UNCERTAINTY AND DISPARITY AND A REEVALUATION OF THE REHABILITATION PREMISE HAVE BEEN RESPONSIBLE FOR THE ADOPTION OF A NEW SENTENCING LAW, THE UNIFORM DETERMINATE SENTENCING ACT OF 1976, EFFECTIVE JULY 1, 1977. THE NEW STATUTE RESTRICTS THE EXERCISE OF DISCRETION BY THE PAROLE BOARD, THUS MAKING SENTENCES MORE CERTAIN AND UNIFORM. THE ADVISORY COMMITTEE ANALYZES THE ACTUAL MECHANICS OF THE ACT, WITH EXPLANATIONS OF MANY PORTIONS. AS THE NEW LAW REQUIRES PERIODIC REPORTS TO THE STATE JUDICIAL COUNCIL RELATING TO SENTENCING PRACTICES, THE ADVISORY COMMITTEE RECOMMENDS A SYSTEM OF SENTENCE REPORTING....MSP