Elements of an Effective Sentencing Commission

1. Elements of an Effective Sentencing Commission Barb Tombs, Director Center on Sentencing and Corrections Presentation to Connecticut Sentencing Task Force May 7, 2007

2. Elements of an Effective Sentencing Commission Determine Overall Sentencing Philosophy Incapacitation Deterrence Retribution Rehabilitation • Set forth in statute • Single philosophy or blended approach • Identify who should go to prison and why – from a state perspective • Will serve as overall guidance for the group

3. Elements of an Effective Sentencing Commission Clearly define the purpose • This creates the scope work • Comprehensive versus targeted approach • Should be specific to the individual state • Focuses the activities of the group • Important to identify what is not within the scope of work

4. Elements of an Effective Sentencing Commission Structure is Critical • Necessary to have representation from ALL key stakeholders • Create an environment that encourages active input from all participants • Should be viewed as an independent, objective and bi-partisan body • Appropriate size to be representative and effective • Allow for longevity

5. Elements of an Effective Sentencing Commission Establish Standing Committees • Effective in addressing multiple complex issues or tasks • Access to specific areas of expertise not found among members • Should address broad issues related to sentencing • Will provide the “tools” for group decision making

6. Elements of an Effective Sentencing Commission Standing Committees Cont. • Develop recommendations • Meet more frequently • Authority for policy changes remains with the full commission • Should be chaired by a commission member • Examples: Data, Policy and Structure, Probation Violators, Sentencing Disparity

7. Elements of an Effective Sentencing Commission Authority • What role does the Commission play in developing or modifying sentencing policy • Study Commission • Recommendations enacted with approval of legislature • Recommendations enacted unless legislature takes action to contrary

8. Elements of an Effective Sentencing Commission Requirements are defined • What are the reporting requirements • Timeline for submissions • When are submissions required • Form of submissions • Special provisions: • Requirements for Public Hearings • Public Notice

9. Elements of an Effective Sentencing Commission Responsibilities • Different than purpose • Defines the deliverables expected – often included in enabling legislation • Will include ongoing and one time activities • May be modified over time • Examples: • Analyze and make recommendation regarding probation violators • Develop a simulation prison population projection mode

10. Elements of an Effective Sentencing Commission Final Thoughts • Use data as the basis for decision and policy • Remember good sentencing policy is developed for the typical offense – not the exception • Sentencing Policy should be analyzed for intended and unintended consequences • Equally important to know what is working as well as what isn’t working – don’t assume

11. Elements of an Effective Sentencing Commission Final Thoughts Cont. • Equal attention and resources should be applied for offenders sentenced to prison and to community punishment • Consensus can sometimes mean – I don’t embrace the change but can live with it • Good sentencing policy need continual monitoring – it is not a one time activity • Be proactive and not reactive