NCJ Number
56767
Date Published
1977
Length
62 pages
Annotation
INDETERMINATE, DETERMINATE, AND MANDATORY SENTENCING MODELS ARE DISCUSSED AND COMPARED, WITH A VIEW TO THE INTRODUCTION OF SENTENCING REFORMS IN HAWAII.
Abstract
THE PURPOSE OF THE REPORT IS TO ORGANIZE AND CLARIFY FOR THE HAWAII LEGISLATURE ISSUES SURROUNDING FLAT-TIME (DETERMINATE) SENTENCING. INCLUDED ARE DEFINITIONS OF THE VARIOUS SENTENCING MODELS, A DESCRIPTION OF HAWAII'S SENTENCING SYSTEM, AN OVERVIEW OF DETERMINATE SENTENCING LEGISLATION IN CALIFORNIA, AND A SUMMARY OF THE PRO'S AND CON'S OF BOTH DETERMINATE AND INDETERMINATE SENTENCING. HAWAII HAS A RELATIVELY NEW PENAL CODE AND CORRECTIONAL MASTER PLAN, BOTH OF WHICH RELY HEAVILY ON INDETERMINATE SENTENCING. IT IS SUGGESTED THAT THE CODE AND PLAN BE GIVEN ADEQUATE TIME TO PROVE THEMSELVES BEFORE HAWAII CONSIDERS SWITCHING TO DETERMINATE SENTENCING. IT IS FURTHER NOTED THAT IT IS TOO SOON TO EVALUATE THE IMPACT OF DETERMINATE SENTENCING IN STATES THAT HAVE ABANDONED THE INDETERMINATE SENTENCING CONCEPT. THE LEGISLATURE IS URGED TO CONSIDER ASSIGNING ANY FURTHER ASSESSMENT OF SENTENCING ISSUES TO A JUDICIAL OR LEGISLATIVE GROUP RATHER THAN TO THE CORRECTIONS OFFICE THAT PREPARED THIS REPORT. APPENDED MATERIALS INCLUDE DATA ON AVERAGE MINIMUM SENTENCES IN HAWAII FOR VARIOUS TYPES OF OFFENSES, SENTENCING RECOMMENDATIONS BY A NATIONAL COMMISSION, AND A DIGEST OF CALIFORNIA'S DETERMINATE SENTENCING LAW.