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SENTENCING COMPUTATION LAWS AND PRACTICE - A PRELIMINARY SURVEY

NCJ Number
15042
Author(s)
R C HAND; R G SINGER
Date Published
1974
Length
178 pages
Annotation
SENTENCING AND INSTITUTIONAL TIME CREDIT PRACTICES FOR EACH OF THE FIFTY STATES, THE DISTRICT OF COLUMBIA AND THE FEDERAL SYSTEM.
Abstract
SENTENCING PRACTICES ARE COMING UNDER INCREASING SCRUTINY BY THE COURTS, THE PUBLIC, AND THE PRISONERS' RIGHTS MOVEMENT. THE PRACTICAL AND LEGAL ISSUES SURROUNDING INDETERMINATE AND DETERMINATE SENTENCES, HABITUAL OFFENDER LAWS, CREDIT FOR INSTITUTIONAL TIME, STREET TIME AND 'GOOD' TIME ARE DISCUSSED. UNDER A UNIFORM FORMAT, EACH JURISDICTION'S SENTENCING COMPUTATION PRACTICES ARE OUTLINED AND SUMMARIZED. THE STATUTORY, CASE, OR ADMINISTRATIVE AUTHORITY FOR EACH POINT IS CITED ALONG WITH A BRIEF DESCRIPTION OF THE JURISDICTION'S POSITION. ENTRIES ARE MADE UNDER THREE DIVISIONS GENERAL SENTENCING, INSTITUTIONAL TIME CREDIT, AND OTHER STATUTES AND CASES. UNDER THE FIRST, DETERMINATE AND INDETERMINATE SENTENCING STATUTES AND HABITUAL AND REPEAT OFFENDER STATUTES ARE LISTED. 'INSTITUTIONAL TIME CREDIT' PROVIDES INFORMATION ON PRE-SENTENCE (JAIL, APPEAL, AND HOSPITALIZATION TIME) AS WELL AS POST-SENTENCE (PROBATION AND PAROLE STREET TIME, CONCURRENT/CONSECUTIVE SENTENCES, HOSPITALIZATION, MINIMUM PAROLE ELIGIBILITY, GOOD TIME CREDITS, AND RELEASE DATE). THE THIRD DIVISION CITES 'OTHER CASES AND STATUTES' CONCERNING SENTENCING WHICH ARE NOT DISCUSSED IN THE PREVIOUS ENTRIES. A CONCLUDING CHART PRESENTS A COMPARATIVE SUMMARY OF THE CHARACTERISTICS OF SENTENCING LAWS AND PRACTICES OF EACH STATE, THE DISTRICT OF COLUMBIA AND THE FEDERAL SYSTEM. (SNI ABSTRACT)

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