NCJ Number
57728
Date Published
1978
Length
186 pages
Annotation
AN OVERVIEW OF CALIFORNIA'S DETERMINATE SENTENCE LAW IS PROVIDED, AND ENHANCEMENTS AND CONSECUTIVE SENTENCING, ADJUSTMENTS OF CUSTODY, SENTENCES OTHER THAN TO STATE PRISON, AND DEATH PENALTIES ARE REVIEWED.
Abstract
THE DETERMINATE SENTENCE LAW HAS BEEN CODIFIED IN TWO LEGISLATIVE BILLS. IT IS LIMITED TO THE SENTENCING AND DISPOSITION OF PERSONS WHO HAVE BEEN CHARGED WITH OR CONVICTED OF FELONIES. THE LAW BASICALLY CONSISTS OF THREE GROUPS OF STATUTES: (1) STATUTES THAT DEFINE SPECIFIC CRIMINAL BEHAVIOR AND PROVIDE THE QUANTUM OF PUNISHMENT UPON CONVICTION, (2) STATUTES THAT DESCRIBE PROCEDURES FOR SENTENCING CONVICTED FELONS TO PRISON, AND (3) STATUTES THAT DESCRIBE METHODS BY WHICH THE COMMUNITY RELEASE BOARD AND THE DEPARTMENT OF CORRECTIONS CAN INCREASE OR DECREASE PRISON TERMS. THERE ARE MANY SITUATIONS IN WHICH DEFENDANTS CAN BE VULNERABLE TO SENTENCES BEYOND BASE TERMS, AND SUCH SITUATIONS INVOLVE ENHANCEMENTS AND CONSECUTIVE SENTENCING. SENTENCES OTHER THAN TO STATE PRISON INCLUDE COMMITMENT FOR DIAGNOSTIC STUDY, COMMITMENT TO THE CALIFORNIA YOUTH AUTHORITY, COMMITMENT TO STATE PRISON AFTER A CERTAIN PERIOD, REDUCTION OF THE CRIME TO A MISDEMEANOR, NEGOTIATED PLEAS, AND PROBATION. THE COMMUNITY RELEASE BOARD, ESTABLISHED BY THE DETERMINATE SENTENCING LAW, HAS THE RESPONSIBILITIES OF MAKING RECOMMENDATIONS TO THE SENTENCING COURT, REVIEWING DISPARATE SENTENCES, MAKING PAROLE DECISIONS FOR INDETERMINATELY SENTENCED OFFENDERS, PROMULGATING PAROLE POLICIES, AND REVIEWING GOOD TIME DENIALS. THE DEATH PENALTY CAN BE IMPOSED UPON PERSONS CONVICTED OF COMMITTING CERTAIN ASSAULTS WHILE UNDERGOING LIFE SENTENCES IN STATE PRISON. ADDITIONAL INFORMATION ON THE DETERMINATE SENTENCE LAW, FELONIES AND PUNISHMENT, AND SENTENCING RULES AND GUIDELINES IS APPENDED. AN INDEX IS INCLUDED.