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SENTENCING REFORM IN NORTH CAROLINA

SENTENCING REFORM IN NORTH CAROLINA. Thomas W. Ross. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM. JUDICIAL SENTENCES LOSING MEANING FELONS SERVING ONLY A FRACTION OF SENTENCE. * Sentencing Commission created ** Projected with cap and no new prisons. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM.

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SENTENCING REFORM IN NORTH CAROLINA

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  1. SENTENCING REFORM IN NORTH CAROLINA Thomas W. Ross

  2. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM • JUDICIAL SENTENCES LOSING MEANING • FELONS SERVING ONLY A FRACTION OF SENTENCE

  3. * Sentencing Commission created ** Projected with cap and no new prisons

  4. PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM • JUDICIAL SENTENCES LOSING MEANING • FELONS SERVING ONLY A FRACTION OF SENTENCE • MISDEMEANORS SPINNING THROUGH SYSTEM • PROBATION VIOLATIONS ESCALATING • OFFENDERS REFUSING ALTERNATIVES TO PRISON • PUBLIC CONFIDENCE ERODING

  5. THE FIRST STEP • CREATION OF SENTENCING COMMISSION • 23 INITIAL MEMBERS • LEGISLATIVE DIRECTIVES

  6. LEGISLATIVE DIRECTIVES • CONSTRUCT CORRECTIONAL SIMULATION MODEL • CLASSIFY CRIMINAL OFFENSES • RECOMMEND STRUCTURE FOR SENTENCING • DEVELOP COMPREHENSIVE COMMUNITY CORRECTION STRATEGY • CONSIDER OTHER POLICY ISSUES

  7. GOALS OF REFORM • SET PRIORITIES FOR PRISON SPACE • RESTORE TRUTH IN SENTENCING • PROVIDE UNDERLYING RATIONALE FOR SENTENCING • ENHANCE CONSISTENCY IN SENTENCING • ENHANCE CERTAINTY IN SENTENCING • MAKE EFFICIENT USE OF RESOURCES • BALANCE SENTENCING POLICIES WITH RESOURCES

  8. COMPONENTS OF SENTENCING DECISION PROCESS FOLLOWED

  9. COMPONENTS OF SENTENCING DECISION SUBCOMMITTEES DEVELOPED PROPOSALS PROCESS FOLLOWED

  10. FELONY CLASSIFICATION CRITERIA*

  11. FELONY CLASSIFICATION CRITERIA*

  12. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  13. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data (3,552) (7,675) (2,233) A=0.3% (96) B1=0.5% (144) B2=1.0% (297) C=3.5% (1,030) D=2.7% (781) E=4.1% (1,204) (3,937) (11,702)

  14. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  15. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  16. *FY 2007/08 Structured Sentencing Data SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  17. *FY 2007/08 Structured Sentencing Simulation data SOURCE: NC Sentencing and Policy Advisory Commission

  18. * NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data ** 1993 Pre-Structured Sentencing Data

  19. PERCENT RECEIVING AC TIVE SENTENCE BY FELONY OFFENSE CL ASS Offense Percent Active: Percent Active: Class FSA – 1993 SSA – 2007/08 A 100% 100% B1 100% 100% B2 97% 100% C 84% 100% D 93% 100% E 52% 52% F 47% 57% G 65% 42% H 45% 38% I 31% 12% TOTA L 47% 39% SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  20. * FSA based on CY 1993 data; SSA based on FY 2007/08 Felony Structured Sentencing Simulation data. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  21. SOURCE: State Bureau of Investigation, 2007 NC CRIME TRENDS INDEX CRIME RATES

  22. SOURCE: State Bureau of Investigation, 2007 NC CRIME TRENDSVIOLENT CRIME RATES

  23. THE N.C. CRIMINAL JUSTICE SYSTEM TODAY • TRUTH IN SENTENCING RESTORED • ANNUAL PROJECTIONS TO HELP PLAN PRISON CAPACITY • NO PAROLE FOR OFFENDERS SENTENCED UNDER STRUCTURED SENTENCING • PRISON CAP REPEALED • VIOLENT OFFENDERS SERVING LONGER SENTENCES • TOUGHER COMMUNITY PUNISHMENTS • PUNISHMENT MORE CERTAIN AND CONSISTENT • SENTENCING POLICY FORMULATED IN CONSIDERATION OF CORRECTIONAL RESOURCES

  24. Note: Prison capacity figures reflect Expanded Operating Capacity. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  25. Note: Prison capacity figures reflect Expanded Operating Capacity. SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction

  26. SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Structured Sentencing Simulation Model DISTRIBUTION OF THE PROJECTED PRISON POPULATION BY OFFENSE CLASSFELONIES ONLY

  27. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Felony Statistical Report Data

  28. DISTRIBUTION OF THE 2009 PROJECTED PRISON POPULATION BY OFFENSE CLASS NOTE: The distribution of the 2009 projected prison population is based only on felonies and excludes offenses for which the offense class is unknown (1%). SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/08 Structured Sentencing Simulation Model

  29. THE CRIMINAL JUSTICE SYSTEM TOMORROW • PRISONS WILL BECOME OVERCROWDED • LAWSUITS WILL RETURN • INCREASED RISKS TO CORRECTIONAL OFFICERS • PROPOSALS FOR PAROLE WILL RETURN • TRUTH IN SENTENCING WILL BE COMPROMISED • HUNDREDS OF MILLIONS OF DOLLARS WILL BE SPENT ON PRISONS AND NOT AVAILABLE FOR OTHER NEEDS

  30. ROLE OF THE SENTENCING COMMISSION • MONITORING • IMPACT ANALYSIS • ANALYSIS OF NEW LEGISLATION • RECOMMENDING MODIFICATIONS

  31. ADVANTAGES OF STRUCTURED SENTENCING • PROMOTES TRUTH IN SENTENCING • SETS PRIORITIES • ALLOWS EFFICIENT USE OF RESOURCES • ENHANCES CONSISTENCY AND CERTAINTY IN SENTENCING • PROVIDES UNDERLYING RATIONALE FOR SENTENCING • BALANCES POLICY WITH RESOURCES

  32. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES WITHIN THE FELONY PUNISHMENT CHART (CONTINUED ON NEXT SLIDE)

  33. DISTRIBUTION OF FY 2007/08 CONVICTIONS AND SENTENCES WITHIN THE FELONY PUNISHMENT CHART (CONTINUED FROM PREVIOUS SLIDE)

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