NCJ Number
49109
Journal
Pacific Law Journal Volume: 9 Issue: 1 Dated: (JANUARY 1978) Pages: 5-106
Date Published
1978
Length
102 pages
Annotation
THE DETERMINATE SENTENCE LAW, ENACTED IN CALIFORNIA IN JULY 1977, IS DISCUSSED IN TERMS OF ITS IMPACT ON CRIME AND IMPRISONMENT AND THE SENTENCING AND PAROLE STRUCTURE.
Abstract
THE WEAKENING OF INDETERMINATE SENTENCING THROUGH JUDICIAL DECISIONS IS DESCRIBED, AND THE DETERMINATE SENTENCE LAW IS SUMMARIZED. ONE OF THE MOST NOTABLE CHANGES ENGENDERED BY THE LAW IS THE REQUIREMENT OF COMPUTING PRISON TERMS. A PRISON TERM UNDER LAW IS DETERMINED BY ADDING THE BASE TERM AND ANY ENHANCEMENTS THAT ARE PLEADED AND PROVED. EXCEPT FOR CRIMES WITH LIFE TERMS AND SEVERAL OTHERS OF LITTLE CONSEQUENCE, ALL CRIMES PUNISHABLE AS A FELONY CARRY SENTENCES OF A DETERMINATE RANGE. EACH RANGE SPECIFIES THREE POSSIBLE PERIODS OF INCARCERATION. THE JUDGE MUST CHOOSE THE MIDDLE TERM IN THE RANGE AS THE BASE TERM UNLESS CIRCUMSTANCES EXIST TO CAUSE THE SELECTION OF AN UPPER OR LOWER TERM. SPECIFIC ENHANCEMENTS RELATE TO THE COMMISSION OF A PARTICULAR CRIME, SUCH AS THE USE OF WEAPONS. GENERAL ENHANCEMENTS PERTAIN TO CRIMES COMMITTED BY AN OFFENDER FOR WHICH THE OFFENDER HAS SERVED PRIOR PRISON TERMS OR WILL SERVE CONSECUTIVE SENTENCES. OTHER PROVISIONS OF THE DETERMINATE SENTENCE LAW FOCUS ON THE SENTENCE HEARING, GOOD TIME CREDITS, THE COMMUNITY RELEASE BOARD, PAROLE, AND RETROACTIVITY. LIMITATIONS ON THE IMPOSITION OF ENHANCEMENTS AND THE IMPOSITION OF SENTENCES ARE ADDRESSED, AS WELL AS THE PROVISION FOR SENTENCE REVIEW. THE PAROLE SETTING, RELEASE OF THE DETERMINATELY SENTENCED INMATE, PAROLING LIFE PRISONERS, RESCISSION, AND REVIEW RIGHTS ARE DISCUSSED. PROVISIONS OF THE NEW LAW APPLY RETROACTIVELY TO INMATES ALREADY IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS.