1. Sentencing Structure Comparisons Barb Tombs July 16, 2007 Presentation to the CT Sentencing Task Force Subcommittees

2. State Sentencing Structures Kansas Determinate Sentencing Determinate Sentencing Presumptive sentencing guidelines system – grid design Presumptive sentencing guidelines system – grid design Two dimensional grid based on offense severity and criminal history Two dimensional grid based on offense severity and criminal history Truth in Sentencing Truth in Sentencing Offenders must serve 85 percent of their sentences Offenders must serve 85 percent of their sentences North Carolina Determinate Sentencing Determinate Sentencing Structured presumptive sentencing guidelines system – grid design Structured presumptive sentencing guidelines system – grid design Two dimensional grid based on offense and prior history Two dimensional grid based on offense and prior history Offenders must serve 100% of their minimum term Offenders must serve 100% of their minimum term

3. State Sentencing Structures Cont. Delaware Presumptive voluntary sentencing guidelines system Presumptive voluntary sentencing guidelines system Based on 5 Sentencing levels Based on 5 Sentencing levels A minimum of 75 percent of a sentence must be served prior to release A minimum of 75 percent of a sentence must be served prior to releaseNebraska Indeterminate Sentencing Indeterminate Sentencing Currently no sentencing guidelines Currently no sentencing guidelines Offenders receive a maximum and minimum (1/3 of the maximum) sentence Offenders receive a maximum and minimum (1/3 of the maximum) sentence

4. State Sentencing Structures Cont. Washington Determinate Sentencing Determinate Sentencing Presumptive sentencing guidelines – grid design Presumptive sentencing guidelines – grid design Two dimensional grid based on offense level and criminal history score Two dimensional grid based on offense level and criminal history score Serious violent offenders serve 85% of sentence, other offenders serve 2/3 of their sentence Serious violent offenders serve 85% of sentence, other offenders serve 2/3 of their sentenceMinnesota Determinate Sentencing Determinate Sentencing Presumptive sentencing guidelines – grid design Presumptive sentencing guidelines – grid design Two dimensional grid based offense severity and criminal history Two dimensional grid based offense severity and criminal history Offenders receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third Offenders receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third

5. Sentencing Structure Cont. Virginia Determinate Sentencing System Determinate Sentencing System Truth in Sentencing Truth in Sentencing Voluntary Guidelines System Voluntary Guidelines System Offense based worksheets Offense based worksheets In/out decisions In/out decisions Probation, jail time Probation, jail time Prison length Prison length Offenders serve a minimum of 85% of their sentence Offenders serve a minimum of 85% of their sentencePennsylvania Indeterminate Sentencing System Indeterminate Sentencing System Presumptive Guidelines System – grid design Presumptive Guidelines System – grid design Two dimensional grid based on prior criminal history and offense severity Two dimensional grid based on prior criminal history and offense severity Guidelines apply to the minimum sentence only, Parole still applies Guidelines apply to the minimum sentence only, Parole still applies

6. Good Time Kansas Good time can be earned but it cannot reduce the sentence imposed by more than 15% Good time can be earned but it cannot reduce the sentence imposed by more than 15% North Carolina No good time or gain time No good time or gain timeDelaware Good time can be earned at a rate of two days per month for the first year of incarceration and three days a month there after. Good time can be earned at a rate of two days per month for the first year of incarceration and three days a month there after.

7. Good Time Nebraska Offenders automatically receive 25% good time, and can earn an additional 25% for participation in in-facility programming Offenders automatically receive 25% good time, and can earn an additional 25% for participation in in-facility programmingWashington Offenders may receive time for good behavior to reduce their sentence by up to 50%; offenders convicted of a serious violent or a sex offense that is a Class A felony may reduce their sentence by only 10% Offenders may receive time for good behavior to reduce their sentence by up to 50%; offenders convicted of a serious violent or a sex offense that is a Class A felony may reduce their sentence by only 10%Minnesota Offenders sentenced on or after August 1, 1993 do not earn good time Offenders sentenced on or after August 1, 1993 do not earn good time Offenders sentenced between May 1, 1980 and August 1, 1993 may earn one day for every two days of good behavior. This good time accrues to a period of supervised release. Offenders sentenced between May 1, 1980 and August 1, 1993 may earn one day for every two days of good behavior. This good time accrues to a period of supervised release.

8. Good Time Virginia Earned sentence credit is limited to 54 days per year maximum accrual. Earned sentence credit is limited to 54 days per year maximum accrual.

9. Probation Kansas May be sentenced up to 12, 18, 24, or 36 months based on severity level May be sentenced up to 12, 18, 24, or 36 months based on severity level North Carolina Intermediate or Community Punishment Intermediate or Community Punishment 3 to 36 months based on the sentencing grid 3 to 36 months based on the sentencing gridDelaware Maximum probationary sentences: Maximum probationary sentences: Violent felonies 24 months Violent felonies 24 months Title 16 felonies 18 months Title 16 felonies 18 months All other offense 1 year All other offense 1 year

10. Probation Nebraska Maximum 5 years for felony Maximum 5 years for felony Maximum 2 years for misdemeanor Maximum 2 years for misdemeanorWashington “Community Custody” “Community Custody” Ranges: Ranges: Sex Offenses 36 to 48 months Sex Offenses 36 to 48 months Serious Violent Offenses 24 to 48 months Serious Violent Offenses 24 to 48 months Violent Offenses 18 to 36 months Violent Offenses 18 to 36 months Crimes Against Person 9 to 18 months Crimes Against Person 9 to 18 months Other 9 to 12 months Other 9 to 12 monthsMinnesota Stayed Sentence – prison sentence is delayed provided the offender complies to conditions Stayed Sentence – prison sentence is delayed provided the offender complies to conditions 12 to 48 months based on grid level 12 to 48 months based on grid level

11. Probation Virginia Probation is based on scores of the in/out worksheet and the Probation worksheet. Probation is based on scores of the in/out worksheet and the Probation worksheet.Pennsylvania Probation includes multiples levels including restorative sanctions, restrictive intermediate punishment, partial confinement in county jail Probation includes multiples levels including restorative sanctions, restrictive intermediate punishment, partial confinement in county jail

12. Parole / Post Release Supervision Kansas Parole abolished Parole abolished Post release supervision is set by statute, with duration determined by severity level Post release supervision is set by statute, with duration determined by severity level 12, 24, or 36 months 12, 24, or 36 months North Carolina Parole abolished Parole abolished Mandatory term of supervision after release from prison for felony Class B1 through E offenses. Mandatory term of supervision after release from prison for felony Class B1 through E offenses.Delaware Parole abolished under Truth in Sentencing Act of 1989 Parole abolished under Truth in Sentencing Act of 1989

13. Parole / Post Release Supervision Nebraska Parole granted by the Board of Parole Parole granted by the Board of ParoleWashington Abolished discretionary parole release Abolished discretionary parole release All offenders except designated low-level offenders must serve 1 year of post-release supervision All offenders except designated low-level offenders must serve 1 year of post-release supervisionMinnesota Mandatory community supervision following the end of the term of imprisonment Mandatory community supervision following the end of the term of imprisonment One-third of the total executed sentence One-third of the total executed sentence

14. Parole / Post Release Supervision Virginia Parole abolished under Truth in Sentencing Parole abolished under Truth in Sentencing Post-release supervision at the discretion of judges Post-release supervision at the discretion of judges Inmates over 60 can petition Parole Board for early release Inmates over 60 can petition Parole Board for early releasePennsylvania Parole granted by the Parole Board. Determines release from prison and length of supervision and conditions Parole granted by the Parole Board. Determines release from prison and length of supervision and conditions

15. Guidelines Kansas 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

16. Guidelines North 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

17. Guidelines Washington 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 court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third Offenders receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third

18. Guidelines Virginia Voluntary guidelines Voluntary guidelines Worksheet is required in every felony case Worksheet is required in every felony case Guidelines are descriptive and prescriptive Guidelines are descriptive and prescriptive Score derived from current offense and prior criminal history Score derived from current offense and prior criminal history Worksheets for 12 offense categories Worksheets for 12 offense categoriesPennsylvania Voluntary guidelines Voluntary guidelines Single grid Single grid Sentence determined from offense gravity score and prior record points Sentence determined from offense gravity score and prior record points Prior record includes juvenile adjudications and repeat felony convictions Prior record includes juvenile adjudications and repeat felony convictions Each cell contains three ranges: standard, aggravated and mitigated Each cell contains three ranges: standard, aggravated and mitigated Departures allowed Departures allowed

19. Mandatory Minimums Most states utilize mandatory minimum sentences. Most commonly mandatory minimums apply to habitual offenders, DWI offense, use/possession of weapon, drug trafficking, and sex offenses. In many states the mandatory minimum sentence override the guidelines Minnesota When an offender has been convicted of an offense with a mandatory minimum sentence of one year and one day or more, the presumptive disposition is commitment to the Commissioner of Corrections. The presumptive duration of the prison sentence should be the mandatory minimum sentence according to statute or the duration of the prison sentence provided in the appropriate cell of the Sentencing Guidelines Grids, whichever is longer. When an offender has been convicted of an offense with a mandatory minimum sentence of one year and one day or more, the presumptive disposition is commitment to the Commissioner of Corrections. The presumptive duration of the prison sentence should be the mandatory minimum sentence according to statute or the duration of the prison sentence provided in the appropriate cell of the Sentencing Guidelines Grids, whichever is longer. Mandatory Minimum offenses include sex offenses, habitual offenders, DWI, use/possession of a weapon Mandatory Minimum offenses include sex offenses, habitual offenders, DWI, use/possession of a weapon

20. Mandatory Minimums North Carolina Judges may suspend or reduce mandatory sentences for drug offenders for receiving “substantial assistance” pertaining to the arrest or prosecution of other criminals. Judges may suspend or reduce mandatory sentences for drug offenders for receiving “substantial assistance” pertaining to the arrest or prosecution of other criminals. South Carolina Crimes carrying mandatory minimum sentences have been integrated into the guidelines; if the guidelines sentence and the mandatory sentence differ, the greater sentence will be imposed. Crimes carrying mandatory minimum sentences have been integrated into the guidelines; if the guidelines sentence and the mandatory sentence differ, the greater sentence will be imposed.

21. Mandatory Minimums Missouri Mandatory sentences override the sentencing guidelines Mandatory sentences override the sentencing guidelinesVirginia Guidelines are constructed such that sentencing ranges usually include the minimum penalty assigned. Mandatory penalties supersede the guidelines in the event a sentence range falls below the mandatory minimum. Guidelines are constructed such that sentencing ranges usually include the minimum penalty assigned. Mandatory penalties supersede the guidelines in the event a sentence range falls below the mandatory minimum.

22. Mandatory Minimums Washington Citizen initiatives have produced a “three-strikes” law requiring life imprisonment on the third conviction of specified offenses and a law requiring sentence enhancements for felonies committed while armed with a firearm or other weapon. A “two-strikes” law requires life imprisonment on the second conviction of specified sex offenses. Citizen initiatives have produced a “three-strikes” law requiring life imprisonment on the third conviction of specified offenses and a law requiring sentence enhancements for felonies committed while armed with a firearm or other weapon. A “two-strikes” law requires life imprisonment on the second conviction of specified sex offenses.Pennsylvania If the guidelines range does not conform with a mandatory sentence the mandatory sentence prevails. If the guidelines range does not conform with a mandatory sentence the mandatory sentence prevails.