NCJ Number
161381
Journal
Crime and Delinquency Volume: 42 Issue: 1 Dated: (January 1996) Pages: 127-143
Date Published
1996
Length
17 pages
Annotation
The national movement for determinate sentencing, which began in the late 1960's, is rooted in two related principles, that the sentence imposed in court should reasonably resemble the sentence served and that postconviction administrators should have little or no discretion over the duration of incarceration.
Abstract
In Florida, determinate sentencing was enacted in 1983. Policymakers opted for a complex scoring system using nine separate felony categories and three separate grids. The determinate sentencing bill was passed despite strident objections by State prosecutors. In switching to mandatory sentencing and administrative release, policymakers wanted to ensure the sentence imposed represented the time actually served for the offense of conviction. To varying degrees, offenders who received mandatory sentences were statutorily prohibited from receiving good time credits and control release. Consequently, offenders who did not receive mandatory sentences had to be released quickly in order to keep the prison system within federally imposed population caps. In 1993, after early release came under increasing attack, Florida's determinate sentencing structure was revamped based on a point system. The case study of Florida demonstrates that postadministrative release discretion flourished, despite passage of the determinate sentencing law, and that crime control purposes of punishment were used by administrative officials in the exercise of their release discretion. 55 references and 6 notes