NCJ Number
152727
Date Published
1994
Length
63 pages
Annotation
New sentencing laws enacted during North Carolina's 1993 legislative session and modified during the 1994 special session of the General Assembly will change how offenders are sentenced in the State.
Abstract
The new sentencing laws, based on concepts developed by the North Carolina Sentencing and Policy Advisory Commission, create a system of structured in sentencing and a comprehensive community corrections plans. The laws will replace the current Fair Sentencing Act and will apply to felonies and misdemeanors committed on or after October 1, 1994. The laws are intended to restore front-end control and rational planning to the criminal justice system and are based on four principles: (1) sentencing policies should be consistent and certain; (2) sentencing policies should be truthful; (3) sentencing policies should establish resource priorities; and (4) sentencing policies should be supported by adequate prison, jail, and community resources. The new sentencing laws classify felons based on offense and prior criminal record severity. Offenses are grouped into 10 categories using criteria that weigh actual or potential harm to victims. Sentence lengths are prescribed for each combination of offense class and prior criminal record level. If community or intermediate sanctions are imposed, minimum and maximum sentences are suspended. The laws prescribe a separate sentencing system for misdemeanants. Provisions of the State-County Criminal Justice Partnership Act are examined, and the impact of the new sentencing laws on sentencing practices and correctional resources is assessed. Appendixes provide additional information on felony and misdemeanor offense classifications and on sentencing policy changes made during the 1994 special session of North Carolina's General Assembly. 13 tables and 3 figures