UNIFORM LAW COMMISSIONERS' MODEL SENTENCING AND CORRECTIONS ACT

• NCJ Number: 55600
• Author(s): ANON
• Date Published: 1979
• Length: 458 pages
• Grant Number(s): 76NI-99-0022
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: National Conference of Commissioners on Uniform State Laws
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: APPROVED AT THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS' ANNUAL CONFERENCE MEETING IN ITS 87TH YEAR, NEW YORK, NEW YORK, JULY 28-AUGUST 4, 1978

Annotation

THE 1978 MODEL SENTENCING AND CORRECTIONS ACT IS PRESENTED IN DRAFT FORM AS DEVELOPED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS UNDER THE SPONSORSHIP OF LEAA.

Abstract

SEVERAL MAJOR THEMES DISTINGUISH THE MODEL SENTENCING AND CORRECTIONS ACT: IT UNIFIES THE VARIOUS ELEMENTS OF THE CORRECTIONAL SYSTEM INTO ONE DEPARTMENT OF CORRECTIONS IN ORDER TO COORDINATE THE DEPLOYMENT OF SCARCE CORRECTIONAL RESOURCES; IT IMPLEMENTS THE LEGISLATIVE RESPONSIBILITY FOR DETERMINING BASIC CORRECTIONAL PURPOSES AND POLICIES; AND IT SEEKS TO REDUCE THE UNFAIRNESS AND INEFFECTIVENESS RESULTING FROM SENTENCING DISPARITY. THE ACT AUTHORIZES APPELLATE REVIEW OF SENTENCES, ABOLISHES PAROLE, AND PROVIDES FOR A WIDE VARIETY OF INMATE PROGRAMS GIVING OFFENDERS A GREATER VOICE IN, AND A GREATER INCENTIVE FOR, SELF-IMPROVEMENT. THE ACT RECOGNIZES THE INTERESTS OF VICTIMS IN THE SENTENCING AND CORRECTIONAL PROCESS. IT ALSO APPLIES TRADITIONAL MECHANISMS USED TO STRUCTURE AND LIMIT GOVERNMENTAL DISCRETION TO SENTENCING AND CORRECTIONS. THE ACT IS DIVIDED INTO SIX ARTICLES, INCLUDING GENERAL PROVISIONS WHICH CONTAIN DEFINITIONS AND RULEMAKING PROCEDURES, A SECTION REGARDING ORGANIZATION OF THE DEPARTMENT OF CORRECTIONS, AND AN ARTICLE WHICH ESTABLISHES FUNDAMENTAL POLICIES AND PROCEDURES FOR SENTENCING CRIMINAL DEFENDANTS. AN ARTICLE ON TREATMENT OF CONVICTED AND CONFINED PERSONS DELINEATES THE PROTECTED INTERESTS OF CONFINED PERSONS (PHYSICAL SECURITY, MEDICAL CARE, PHYSICAL EXERCISE, LEGAL ASSISTANCE, RELIGIOUS FREEDOM, VISITS, SEARCHES, ETC.) AND REQUIRES THE ESTABLISHMENT OF GRIEVANCE PROCEDURES. GUIDELINES RELATING TO CORRECTIONAL MEDIATION, ASSIGNMENT, CLASSIFICATION, AND TRANSFER, AND TO DISCIPLINE, EMPLOYMENT, THE VOUCHER PROGRAM, WORKER'S COMPENSATION, AND COLLATERAL CONSEQUENCES OF CHARGE AND CONVICTION ARE PROVIDED. ARTICLE 5 ESTABLISHES A PROGRAM FOR ASSISTING THE VICTIMS OF CRIMINAL OFFENSES AND ARTICLE 6 PROVIDES FOR THE EFFECTIVE DATE OF THE ACT AND GOVERNS THE TRANSITION FROM PRIOR LAW TO THE PROVISIONS OF THE ACT. THE DOCUMENT INCLUDES PREFATORY NOTES AND COMMENTS.