NCJ Number
122281
Journal
Federal Probation Volume: 53 Issue: 4 Dated: (December 1989) Pages: 46-50
Date Published
1989
Length
5 pages
Annotation
In October 1983, Florida instituted sentencing guidelines in order to reduce unwarranted sentencing disparity. This article analyzes changes in Florida's sentencing guidelines as well as accompanying changes in gain-time (reductions in sentenced imposed and actual time served in prison) laws.
Abstract
The revisions to the guidelines enacted since 1983 have generally made them more punitive. In 1988, minimum mandatory sentences for habitual offenders were instituted; gain-time provisions do not come into play until the minimum sentence is served. Offenders who fall into the first cells of the sentencing grids do not necessarily receive any non-prison sanctions; this effectively sends more offenders to prison. Early findings indicate that more inmates are serving less time in Florida prisons; the percentage of time served in prison is also declining. On the other hand, judges are incarcerating a larger proportion of convicted felons, even as prison commitments have increased by 178 percent from 1980 to 1987. The guidelines have allowed relatively minor offenders to receive harsher sentences than more serious offenders because greater weight is placed on prior convictions than on the immediate offense. Other concerns with priors are their decay, the lack of a cap on priors, and their measurement. Since the implementation of the sentencing guidelines, changes in gain-time provisions have reduced the proportion of time actually served. One implication of these changes is that the punitive sentences called for in the guidelines have become somewhat superfluous. Furthermore, although the discretion of sentencing judges is more structured than in the past, the discretionary powers of correctional officials has increased thus undermining the guidelines' central purpose. 2 tables, 14 references.