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State of Sentencing 2012: Developments in Policy and Practice

NCJ Number
241409
Author(s)
Nicole D. Porter
Date Published
January 2013
Length
28 pages
Annotation
This report presents an overview of recent policy reforms (2012) in the areas of sentencing, probation and parole, collateral consequences, and juvenile justice.
Abstract
Seven States - Alabama, California, Missouri, Massachusetts, Kansas, Louisiana, and Pennsylvania - revised mandatory penalties for certain offenses, including crack cocaine possession and drug-offense enhancements. Seven States - Colorado, Delaware, Georgia, Hawaii, Louisiana, Missouri, and Pennsylvania - expanded the use of earned time for eligible prisoners and limited the use of incarceration for probation and parole violations. Connecticut abolished the death penalty, becoming the 17th State to eliminate death as a criminal sanction. Two States - Louisiana and Oklahoma - authorized or expanded mechanisms to modify sentences post-conviction. These policies allow prosecutors and judges to reduce prison sentences of individuals who meet eligibility requirements. Three States - California, Louisiana, and Pennsylvania - authorized sentencing relief for certain individuals sentenced as juveniles to life without parole. Changes in criminal justice policy were made for various reasons, including an interest in managing prison capacity. Legislators have shown are interested in enacting reforms that recognize that the Nation's scale of incarceration has produced diminishing returns for public safety. Consequently, legislators and other stakeholders have prioritized implementing policies that provide a more balanced approach to public safety. The evolving framework has focused on reducing returns to prison for technical violations, expanding alternatives to prison for persons convicted of low-level offenses, and authorizing earned release for prisoners who complete certain rehabilitation programs. Despite the reforms noted in this report, the United States continues to have the highest rate of incarceration in the world. Lawmakers who are concerned with the use of incarceration should prioritize addressing policies that trigger a prison sentence and lengths of stay.