Sentencing Structure Sentencing Structure ComparisonsComparisons

Barb TombsBarb TombsJuly 16, 2007July 16, 2007Presentation to the CT Sentencing Task Force Presentation to the CT Sentencing Task Force SubcommitteesSubcommittees

State Sentencing StructuresState Sentencing Structures

KansasKansas Determinate SentencingDeterminate Sentencing Presumptive sentencing guidelines system – grid designPresumptive sentencing guidelines system – grid design Two dimensional grid based on offense severity and Two dimensional grid based on offense severity and

criminal historycriminal history Truth in SentencingTruth in Sentencing Offenders must serve 85 percent of their sentencesOffenders must serve 85 percent of their sentencesNorth CarolinaNorth Carolina Determinate SentencingDeterminate Sentencing Structured presumptive sentencing guidelines system – Structured presumptive sentencing guidelines system –

grid design grid design Two dimensional grid based on offense and prior historyTwo dimensional grid based on offense and prior history Offenders must serve 100% of their minimum termOffenders must serve 100% of their minimum term

State Sentencing Structures Cont.State Sentencing Structures Cont.

DelawareDelaware Presumptive voluntary sentencing Presumptive voluntary sentencing

guidelines systemguidelines system Based on 5 Sentencing levels Based on 5 Sentencing levels A minimum of 75 percent of a sentence A minimum of 75 percent of a sentence

must be served prior to releasemust be served prior to releaseNebraskaNebraska Indeterminate SentencingIndeterminate Sentencing Currently no sentencing guidelinesCurrently no sentencing guidelines Offenders receive a maximum and Offenders receive a maximum and

minimum (1/3 of the maximum) sentenceminimum (1/3 of the maximum) sentence

State Sentencing Structures Cont.State Sentencing Structures Cont.

WashingtonWashington Determinate SentencingDeterminate Sentencing Presumptive sentencing guidelines – grid designPresumptive sentencing guidelines – grid design Two dimensional grid based on offense level and criminal Two dimensional grid based on offense level and criminal

history scorehistory score Serious violent offenders serve 85% of sentence, other Serious violent offenders serve 85% of sentence, other

offenders serve 2/3 of their sentence offenders serve 2/3 of their sentence MinnesotaMinnesota Determinate SentencingDeterminate Sentencing Presumptive sentencing guidelines – grid designPresumptive sentencing guidelines – grid design Two dimensional grid based offense severity and criminal Two dimensional grid based offense severity and criminal

historyhistory Offenders receive an executed sentence pronounced by the Offenders receive an executed sentence pronounced by the

court consisting of two parts: a specified minimum term of court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the sentence and a supervised release term equal to the remaining one-third remaining one-third

Sentencing Structure Cont.Sentencing Structure Cont.VirginiaVirginia Determinate Sentencing SystemDeterminate Sentencing System Truth in SentencingTruth in Sentencing Voluntary Guidelines System Voluntary Guidelines System Offense based worksheets Offense based worksheets

In/out decisionsIn/out decisions Probation, jail timeProbation, jail time Prison lengthPrison length

Offenders serve a minimum of 85% of their sentenceOffenders serve a minimum of 85% of their sentencePennsylvaniaPennsylvania Indeterminate Sentencing SystemIndeterminate Sentencing System Presumptive Guidelines System – grid designPresumptive Guidelines System – grid design Two dimensional grid based on prior criminal history and Two dimensional grid based on prior criminal history and

offense severityoffense severity Guidelines apply to the minimum sentence only, Parole still Guidelines apply to the minimum sentence only, Parole still

appliesapplies

Good TimeGood Time

KansasKansas Good time can be earned but it cannot reduce Good time can be earned but it cannot reduce

the sentence imposed by more than 15%the sentence imposed by more than 15%

North CarolinaNorth Carolina No good time or gain timeNo good time or gain time

DelawareDelaware Good time can be earned at a rate of two days Good time can be earned at a rate of two days

per month for the first year of incarceration per month for the first year of incarceration and three days a month there after.and three days a month there after.

Good TimeGood TimeNebraskaNebraska Offenders automatically receive 25% good time, and can Offenders automatically receive 25% good time, and can

earn an additional 25% for participation in in-facility earn an additional 25% for participation in in-facility programmingprogramming

WashingtonWashington Offenders may receive time for good behavior to reduce Offenders may receive time for good behavior to reduce

their sentence by up to 50%; offenders convicted of a their sentence by up to 50%; offenders convicted of a serious violent or a sex offense that is a Class A felony serious violent or a sex offense that is a Class A felony may reduce their sentence by only 10%may reduce their sentence by only 10%

MinnesotaMinnesota Offenders sentenced on or after August 1, 1993 do not Offenders sentenced on or after August 1, 1993 do not

earn good timeearn good time Offenders sentenced between May 1, 1980 and August 1, Offenders sentenced between May 1, 1980 and August 1,

1993 may earn one day for every two days of good 1993 may earn one day for every two days of good behavior. This good time accrues to a period of behavior. This good time accrues to a period of supervised release. supervised release.

Good TimeGood Time

VirginiaVirginia Earned sentence credit is limited to Earned sentence credit is limited to

54 days per year maximum accrual.54 days per year maximum accrual.

ProbationProbation

KansasKansas May be sentenced up to 12, 18, 24, or 36 months May be sentenced up to 12, 18, 24, or 36 months

based on severity levelbased on severity level

North CarolinaNorth Carolina Intermediate or Community PunishmentIntermediate or Community Punishment 3 to 36 months based on the sentencing grid3 to 36 months based on the sentencing grid

DelawareDelaware Maximum probationary sentences:Maximum probationary sentences:

Violent felonies 24 monthsViolent felonies 24 months Title 16 felonies 18 monthsTitle 16 felonies 18 months All other offense 1 yearAll other offense 1 year

ProbationProbationNebraskaNebraska Maximum 5 years for felonyMaximum 5 years for felony Maximum 2 years for misdemeanorMaximum 2 years for misdemeanor

WashingtonWashington ““Community Custody”Community Custody” Ranges:Ranges:

Sex Offenses Sex Offenses 36 to 48 months36 to 48 months Serious Violent Offenses Serious Violent Offenses 24 to 48 months24 to 48 months Violent Offenses Violent Offenses 18 to 36 months18 to 36 months Crimes Against Person Crimes Against Person 9 to 18 months9 to 18 months Other Other 9 to 12 months9 to 12 months

MinnesotaMinnesota Stayed Sentence – prison sentence is delayed provided the Stayed Sentence – prison sentence is delayed provided the

offender complies to conditionsoffender complies to conditions 12 to 48 months based on grid level12 to 48 months based on grid level

ProbationProbation

VirginiaVirginia Probation is based on scores of the Probation is based on scores of the

in/out worksheet and the Probation in/out worksheet and the Probation worksheet.worksheet.

PennsylvaniaPennsylvania Probation includes multiples levels Probation includes multiples levels

including restorative sanctions, including restorative sanctions, restrictive intermediate punishment, restrictive intermediate punishment, partial confinement in county jailpartial confinement in county jail

Parole / Post Release SupervisionParole / Post Release Supervision

KansasKansas Parole abolishedParole abolished Post release supervision is set by statute, with Post release supervision is set by statute, with

duration determined by severity levelduration determined by severity level 12, 24, or 36 months12, 24, or 36 months

North CarolinaNorth Carolina Parole abolishedParole abolished Mandatory term of supervision after release from Mandatory term of supervision after release from

prison for felony Class B1 through E offenses. prison for felony Class B1 through E offenses.

DelawareDelaware Parole abolished under Truth in Sentencing Act of Parole abolished under Truth in Sentencing Act of

19891989

Parole / Post Release SupervisionParole / Post Release Supervision

NebraskaNebraska Parole granted by the Board of ParoleParole granted by the Board of Parole

WashingtonWashington Abolished discretionary parole releaseAbolished discretionary parole release All offenders except designated low-level All offenders except designated low-level

offenders must serve 1 year of post-release offenders must serve 1 year of post-release supervision supervision

MinnesotaMinnesota Mandatory community supervision following the Mandatory community supervision following the

end of the term of imprisonmentend of the term of imprisonment One-third of the total executed sentenceOne-third of the total executed sentence

Parole / Post Release SupervisionParole / Post Release Supervision

VirginiaVirginia Parole abolished under Truth in SentencingParole abolished under Truth in Sentencing Post-release supervision at the discretion Post-release supervision at the discretion

of judgesof judges Inmates over 60 can petition Parole Board Inmates over 60 can petition Parole Board

for early releasefor early releasePennsylvaniaPennsylvania Parole granted by the Parole Board. Parole granted by the Parole Board.

Determines release from prison and length Determines release from prison and length of supervision and conditionsof supervision and conditions

GuidelinesGuidelinesKansasKansas Presumptive sentencing guidelines system The guidelines are comprised of separate non-drug and

drug grids. Both grids not only contain dispositional lines drawn for

presumptive prison and presumptive probation sentences, but also contain border boxes in which judges can choose either probation or prison without having to depart.

There is a separate drug grid because drug sentences have been historically, in terms of severity, out of proportion to non-drug sentences. Kansas’ sentencing framework for drug offenses is not based on quantity; it is linked to re-offending.

Nebraska The Community Corrections Council has drafted

sentencing guidelines for low-level felony drug offenders

GuidelinesGuidelinesNorth Carolina Presumptive sentencing guidelines Judge sets a minimum sentence based on prescribed

presumptive range, an aggravated range and a mitigated range, once the minimum is set a maximum term is dictated by statute (at least 20% longer than the minimum)

Delaware Voluntary sentencing guidelines Recommended sentencing ranges and statutory

mandates for each offense Based on the classification of the offense and

whether it is violent or nonviolent in nature

GuidelinesGuidelinesWashington Presumptive sentencing guidelines Grid based using severity of current offense and criminal history Each cell of the grid contains a standard sentencing range,

which includes a minimum and maximum sentence; the midpoint in the range is the presumptive sentence for the offense

Minnesota Presumptive sentencing guidelines Separate sex offender grid Based on severity level and prior history Offenders receive an executed sentence pronounced by the Offenders receive an executed sentence pronounced by the

court consisting of two parts: a specified minimum term of court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-thirdand a supervised release term equal to the remaining one-third

GuidelinesGuidelinesVirginiaVirginia Voluntary guidelinesVoluntary guidelines Worksheet is required in every felony caseWorksheet is required in every felony case Guidelines are descriptive and prescriptiveGuidelines are descriptive and prescriptive Score derived from current offense and prior criminal historyScore derived from current offense and prior criminal history Worksheets for 12 offense categoriesWorksheets for 12 offense categoriesPennsylvaniaPennsylvania Voluntary guidelinesVoluntary guidelines Single grid Single grid Sentence determined from offense gravity score and prior Sentence determined from offense gravity score and prior

record points record points Prior record includes juvenile adjudications and repeat felony Prior record includes juvenile adjudications and repeat felony

convictionsconvictions Each cell contains three ranges: standard, aggravated and Each cell contains three ranges: standard, aggravated and

mitigatedmitigated Departures allowedDepartures allowed

Mandatory MinimumsMandatory MinimumsMost states utilize mandatory minimum sentences. Most states utilize mandatory minimum sentences.

Most commonly mandatory minimums apply to habitual Most commonly mandatory minimums apply to habitual offenders, DWI offense, use/possession of weapon, drug offenders, DWI offense, use/possession of weapon, drug trafficking, and sex offenses.trafficking, and sex offenses.

In many states the mandatory minimum sentence override the In many states the mandatory minimum sentence override the guidelinesguidelines

MinnesotaMinnesota When an offender has been convicted of an offense with a When an offender has been convicted of an offense with a

mandatory minimum sentence of one year and one day or mandatory minimum sentence of one year and one day or more, the presumptive disposition is commitment to the more, the presumptive disposition is commitment to the Commissioner of Corrections. The presumptive duration of Commissioner of Corrections. The presumptive duration of the prison sentence should be the mandatory minimum the prison sentence should be the mandatory minimum sentence according to statute or the duration of the prison sentence according to statute or the duration of the prison sentence provided in the appropriate cell of the Sentencing sentence provided in the appropriate cell of the Sentencing Guidelines Grids, whichever is longer.Guidelines Grids, whichever is longer.

Mandatory Minimum offenses include sex offenses, habitual Mandatory Minimum offenses include sex offenses, habitual offenders, DWI, use/possession of a weaponoffenders, DWI, use/possession of a weapon

Mandatory MinimumsMandatory Minimums

North CarolinaNorth Carolina Judges may suspend or reduce mandatory Judges may suspend or reduce mandatory

sentences for drug offenders for receiving sentences for drug offenders for receiving “substantial assistance” pertaining to the “substantial assistance” pertaining to the arrest or prosecution of other criminals.arrest or prosecution of other criminals.

South CarolinaSouth Carolina Crimes carrying mandatory minimum Crimes carrying mandatory minimum

sentences have been integrated into the sentences have been integrated into the guidelines; if the guidelines sentence and guidelines; if the guidelines sentence and the mandatory sentence differ, the greater the mandatory sentence differ, the greater sentence will be imposed.sentence will be imposed.

Mandatory MinimumsMandatory Minimums

MissouriMissouri Mandatory sentences override the Mandatory sentences override the

sentencing guidelinessentencing guidelines

VirginiaVirginia Guidelines are constructed such that Guidelines are constructed such that

sentencing ranges usually include the sentencing ranges usually include the minimum penalty assigned. Mandatory minimum penalty assigned. Mandatory penalties supersede the guidelines in the penalties supersede the guidelines in the event a sentence range falls below the event a sentence range falls below the mandatory minimum.mandatory minimum.

Mandatory MinimumsMandatory Minimums

WashingtonWashington Citizen initiatives have produced a “three-strikes” Citizen initiatives have produced a “three-strikes”

law requiring life imprisonment on the third law requiring life imprisonment on the third conviction of specified offenses and a law conviction of specified offenses and a law requiring sentence enhancements for felonies requiring sentence enhancements for felonies committed while armed with a firearm or other committed while armed with a firearm or other weapon. A “two-strikes” law requires life weapon. A “two-strikes” law requires life imprisonment on the second conviction of imprisonment on the second conviction of specified sex offenses.specified sex offenses.

PennsylvaniaPennsylvania If the guidelines range does not conform with a If the guidelines range does not conform with a

mandatory sentence the mandatory sentence mandatory sentence the mandatory sentence prevails.prevails.