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Revised Summary of New Sentencing Laws and the State-County Criminal Justice Partnership Act

NCJ Number
170856
Date Published
1994
Length
60 pages
Annotation
New sentencing laws enacted in North Carolina during the 1993 legislative session and modified during the 1994 Special Session of the General Assembly will create a system of structured sentencing coupled with a comprehensive community corrections plan.
Abstract
First, the new laws are intended to set priorities for the use of correctional resources. Expensive prison and jail resources are prioritized for those violent and repeat offenders who pose the greatest threat to society; less expensive intermediate and community resources are targeted for less serious offenders who pose the least threat to society. Second, they provide an underlying rationale for the sentence. The sentence is directly related to the seriousness of the offense and the prior record of the offender. Third, the laws increase consistency in sentencing. Similar sentences are recommended for offenders who commit similar crimes and have similar prior criminal histories. Fourth, the laws are intended to increase the certainty of the sentence. Once the offense and defendant classifications are determined, the sentence is clearly prescribed. Fifth, the laws establish truth in sentencing, since the sentence imposed by the judge bears a close and consistent relationship to the time actually served. Finally, the laws are intended to balance sentencing policies with corrections capacity. The new laws increase predictability in sentencing and thus enable more accurate projections of the resources needed to support sentencing policies. Appended felony offense classification, misdemeanor offense classification, and a summary of changes made during the 1994 Special Session