NCJ Number
62672
Journal
Nebraska Law Review Volume: 58 Issue: 4 Dated: (1979) Pages: 925-964
Date Published
1979
Length
40 pages
Annotation
THE DEVELOPMENT OF THE MODEL SENTENCING AND CORRECTIONS ACT IS DESCRIBED WITH DISCUSSION OF THE MAJOR POLICY DECISIONS WHICH FORM THE FOUNDATION OF ITS PROVISIONS.
Abstract
THE MODEL ACT APPROVED IN 1978 ADDRESSES THE ORGANIZATION STRUCTURE OF THE STATE AGENCIES CHARGED WITH CORRECTIONAL ACTIVITIES, THE PROCESS OF SENTENCING CRIMINAL OFFENDERS, AND THE TREATMENT OF SENTENCED OFFENDERS AND PERSONS CONFINED BEFORE TRIAL. PROPOSED PROVISIONS ALSO GOVERN THE COLLATERAL CONSEQUENCES OF CONVICTION AND PROGRAMS FOR VICTIM ASSISTANCE. IN ADDITION, THE STATUTE RESPONDS TO THE COURTS' INABILITY TO HANDLE ALL CORRECTIONS PROBLEMS ON A CASE-BY-CASE BASIS AND PROVIDES SUFFICIENT SPECIFICITY TO SUPPORT ADMINISTRATORS IN IMPLEMENTING IMPROVEMENTS WHILE ENSURING PUBLIC SAFETY. ALTHOUGH THE INDIVIDUAL PROVISIONS OF THE MODEL ACT MAKE CORRECTIONS ADMINISTRATION MORE DIFFICULT, IN ITS TOTALITY, THE STATUTE ESTABLISHES A FRAMEWORK THAT IS MORE COMPATIBLE WITH CONCEPTS OF JUSTICE AND WITH EFFECTIVE RESPONSE TO CRIMINAL CONDUCT. EACH MAJOR ARTICLE OF THE MODEL ACT ADDRESSES AN UNDERLYING THEME, SUCH AS THE REDUCTION OF SENTENCING DISPARITY, THE COORDINATION OF SCARCE RESOURCES, AND THE INTERESTS OF CRIME VICTIMS. ALTHOUGH REHABILITATION IS NOT A FACTOR IN DETERMINING SENTENCES, THE ACT SEEKS TO ENHANCE THE REHABILITATIVE POTENTIAL OF CORRECTIONAL ENVIRONMENTS BY AUTHORIZING A VARIETY OF INMATE PROGRAMS. PROGRAMS ALSO ARE AUTHORIZED FOR THE EARNING OF GOOD-TIME CREDIT BY THOSE INMATES WHO FOLLOW PRISON RULES BUT FOR WHOM PAROLE OR DISCRETIONARY RELEASE ARE NOT AVAILABLE. THE MODEL ACT PROVIDES STATES WITH AN INTEGRATED LEGISLATIVE PACKAGE FOR SENTENCING AND CORRECTIONAL REFORM. EXTENSIVE FOOTNOTES ARE PROVIDED. (TWK)