NCJ Number
149757
Date Published
1990
Length
49 pages
Annotation
This study examined the effect of the New South Wales 1989 Sentencing Act on the size of the New South Wales prison population and analyzed changes in sentencing practices following implementation of the law.
Abstract
The goals of the act are to promote truth in sentencing by requiring convicted offenders to serve in prison (without any reduction) the minimum or fixed term of imprisonment set by the court and to require that prisoners who have served their minimum terms of imprisonment be considered for parole for the remainder of their sentences. This study compared the time served and sentences imposed for a group of prisoners sentenced before the legislative change (prisoners discharged between January 1, 1989, and June 30, 1989) and those sentenced after the change (prisoners admitted between October 1, 1989, and March 31, 1990). The findings show that the average time served in custody has increased. The overall increase of 50 days in the average time in custody is equivalent to an overall increase in the prison population of 525 additional sentenced prisoners held on any day. Fewer prisoners are receiving community supervision, and for those who do, the average period of supervision is shorter. After the legislative change, 31.8 percent of convicted offenders received sentences that included community supervision, compared to 56 percent before the legislation. Also, the average aggregate sentences imposed following the change in legislation are shorter. The average aggregate sentence (sum of minimum and additional terms) imposed following the change in legislation (360 days) was shorter than the average aggregate head sentence prior to the change in legislation. 19 figures and 12 tables