NCJ Number
43228
Journal
Corrections Magazine Volume: 3 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 16-26,28-30,33,36
Date Published
1977
Length
16 pages
Annotation
NEW DETERMINATE SENTENCING LAWS IN CALIFORNIA, MAINE, INDIANA, AND OTHER STATES ARE DESCRIBED, AND THEIR UNDERLYING THEORY AND POSSIBLE RAMIFICATIONS ARE DISCUSSED.
Abstract
SEVERAL STATES HAVE ABANDONED THE INDETERMINATE SENTENCING SYSTEM. THIS ARTICLE DETAILS SOME OF THE TYPES OF SENTENCING PRACTICES WHICH ARE REPLACING INDETERMINATE SENTENCING, AND EXAMINES REFORMS ENACTED BY THREE STATES AND PROPOSED BY OTHER STATE LEGISLATURES. DEBATE OVER FIXED SENTENCING, WHICH CENTERS ON WHO SHOULD SET PRISON TERMS & HOW LONG THEY SHOULD BE, COMPLICATED THE EFFORT TO REVISE SENTENCING LAWS. THE EFFECTS OF DETERMINATE SENTENCING ON PRISONS, SUCH AS LONGER PRISON TERMS FOR SOME CATEGORIES OF OFFENDERS, POSSIBLE INCREASED PRISON POPULATIONS, AND THE ELIMINATION OF PAROLE BOARDS, ARE THE SUBJECT OF MUCH DISCUSSION IN THE CRIMINAL JUSTICE COMMUNITY. THE SYSTEM INSTITUTED IN CALIFORNIA SETS A 3-YEAR RANGE IN SENTENCING TO ALLOW FOR MITIGATING AND AGGRAVATING CIRCUMSTANCES; PERMITS A JUDGE TO ADD 'ENHANCEMENTS' TO THE BASE TERM FOR CRIMES INVOLVING WEAPONS, BODILY INJURY TO VICTIMS, AND PRIOR CONVICTIONS; AWARDS UP TO 10 DAYS PER MONTH 'GOOD TIME' FOR GOOD BEHAVIOR; AND REQUIRES ONE YEAR OF PAROLE SUPERVISION FOR MOST OFFENDERS. MAINE'S SENTENCING LAW CLASSIFIES OFFENSES INTO FIVE DEGREES OF SEVERITY, ALSO PROVIDES FOR GOOD TIME, AND ENTAILS NO PAROLE BOARD OR PAROLE SUPERVISION. THE PRESUMPTIVE SENTENCING LAW IN INDIANA, WHICH SETS PARTICULAR TERMS FOR CLASSES OF CRIMES WITH SUBSTANTIAL RANGE FOR JUDICIAL DISCRETION, IS DISCUSSED, ALONG WITH A PROPOSED PRESUMPTIVE SENTENCING REFORM IN ILLINOIS. NEW LAWS PASSED OR PROPOSED IN OTHER STATES AND A MAJOR SENTENCING REFORM IN THE REVISED FEDERAL CRIMINAL CODE ARE ALSO EXAMINED.