Sentencing

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Status Details

At the 2016 Annual Meeting, the membership approved motions to amend         §§ 6.04A and 6B.07.  Tentative Draft No. 4 was then approved subject to the discussion at the Meeting and to the usual editorial prerogative. If the members’ recommended edits to § 6.14 result in substantive changes, that Section will return to the membership for consideration.

Tentative Draft No. 3 containing material on authorized disposition of offenders and collateral consequences of criminal conviction was approved at the 2014 Annual Meeting subject to the discussion at the meeting and to editorial prerogative. 

Discussion Draft No. 5 was reviewed by the membership at the 2013 Annual Meeting. It covered topics that  included collateral consequences of criminal conviction and treatment and correction.

Tentative Draft No 2 containing material on authorized disposition of offenders, sentencing guidelines, and prison release and postrelease supervision was approved at the 2011 Annual Meeting, subject to the discussion at the meeting and to editorial prerogative. 

Tentative Draft No. 1 on the authority of sentencing commissions, presumptive sentencing guidelines, and the authority of courts in sentencing was approved by the membership at the 2007 Annual Meeting, subject to the discussion at that meeting and to editorial prerogative. 

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On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows: “For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”

Having achieved the consensus of the membership at the Annual Meeting and now of the Council, this resolution is the official position of the Institute. Efforts will be made to communicate this position wherever the Model Penal Code is published or otherwise available and to the public generally.