Determinate Sentencing Laws - A Comparison of the Provisions of State Determinate Sentencing Laws

• NCJ Number: 80860
• Author(s): M Fairchild
• Date Published: 1980
• Length: 24 pages
• Grant Number(s): 80-CJ-AX-0038
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Conference of State Legislators
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Prepared by the Criminal Justice Project

Annotation

This report presents tables which summarize the provisions included in the determinate sentencing laws of the 13 States which have adopted such laws.

Abstract

The States are Alaska, Arizona, California, Colorado, Illinois, Indiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina, Pennsylvania, and Tennessee. Provisions of the determinate statutes that are considered in the summaries are sentencing structure, use of a firearm, habitual or repeat offenders, sentence review, parole decisionmaking, parole supervision, and good time/earned time. Most States allow the court to consider aggravating and mitigating factors when choosing the appropriate sentence to impose. A few States regard the use of a firearm or the infliction of bodily injury as an aggravating circumstance which, if proven to have occurred during the crime, increases the length of the sentence. Most States have provisions that call for repeat or habitual offenders to be treated more severely than first offenders, but only a few States establish a special procedure to review sentences imposed. Under determinate laws in most States, parole responsibilities have been limited and inmates can earn credits for certain conduct. Statutory citations are appended.