This work addresses the many changes in sentencing philosophy and practice that have taken place in the more than 40 years since these matters were first addressed in the Model Code. The project considers the contemporary controversy about the appropriate length of American criminal sentences and the present widespread dissatisfaction with the rules and procedures used to determine them. More information on the Code and Commentaries.
Reporter:
Kevin R. Reitz. University of Minnesota Law School
Associate Reporter:
Cecelia Klingele, University of Wisconsin Law School
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.” Council’s report to the membership (April 15, 2009)
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.
Black-Letter extracted from Proposed Final Draft
Project Status at a Glance xii
Foreword xv
Reporters’ Memorandum xxi
CHAPTER 1 BASIC LIABILITY INSURANCE CONTRACT RULES
§ 1. Definitions 1
Topic 1: Interpretation
2. Insurance-Policy Interpretation 8
§ 3. The Presumption in Favor of the Plain Meaning of Standard-Form Insurance-Policy Terms 16
§ 4. Ambiguous Terms 30
Topic 2: Waiver and Estoppel
§ 5. Waiver 47
§ 6. Estoppel 59
Topic 3: Misrepresentation
§ 7. Misrepresentation 69
§ 8. Materiality Requirement 81
§ 9. Reasonable-Reliance Requirement 88
CHAPTER 2 MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
Topic 1: Defense
§ 10. Scope of the Right to Defend 101
§ 11. Confidentiality 105
§ 12. Liability of Insurer for Conduct of Defense 111
§ 13. Conditions Under Which the Insurer Must Defend 114
§ 14. Duty to Defend: Basic Obligations 124
§ 15. Reserving the Right to Contest Coverage 132
§ 16. The Obligation to Provide an Independent Defense 141
§ 17. The Conduct of an Independent Defense 147
§ 18. Terminating the Duty to Defend a Legal Action 153
§ 19. Consequences of Breach of the Duty to Defend 162
§ 20. When Multiple Insurers Have a Duty to Defend 174
§ 21. Insurer Recoupment of the Costs of Defense 182
§ 22. Defense-Cost-Indemnification Policies 191
§ 23. The Right to Associate in the Defense 198
Topic 2: Settlement
§ 24. The Insurer’s Duty to Make Reasonable Settlement Decisions 205
§ 25. The Effect of a Reservation of Rights on Settlement Rights and Duties 222
§ 26. The Effect of Multiple Claimants on the Duty to Make Reasonable Settlement Decisions 236
§ 27. Damages for Breach of the Duty to Make Reasonable Settlement Decisions 239
§ 28. Excess Insurer’s Right of Subrogation 250
Topic 3: Cooperation
§ 29. The Insured’s Duty to Cooperate 254
§ 30. Consequences of the Breach of the Duty to Cooperate 261
CHAPTER 3 GENERAL PRINCIPLES REGARDING THE RISKS INSURED
Topic 1: Coverage
§ 31. Insuring Clauses 271
§ 32. Exclusions 273
§ 33. Timing of Events That Trigger Coverage 282
Topic 2: Conditions
§ 34. Conditions in Liability Insurance Policies 294
§ 35. Consent or Approval of the Insurer as a Condition 299
§ 36. Notice and Reporting Conditions 303
§ 37. Assignment of Rights Under a Liability Insurance Policy 314
Topic 3: Application of Limits, Retentions, and Deductibles
§ 38. Policy Limits 320
§ 39. Number of Accidents or Occurrences 322
§ 40. Excess Insurance: Exhaustion and Drop Down 329
§ 41. Indemnification from Multiple Policies: The General Rule 338
§ 42. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies 345
§ 43. Contribution 365
§ 44. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers 371
CHAPTER 4 ENFORCEABILITY AND REMEDIES
Topic 1: Enforceability
§ 45. Implied-in-Law Terms and Restrictions 377
§ 46. Insurance of Liabilities Involving Aggravated Fault 380
§ 47. Insurance of Known Liabilities 390
Topic 2: Remedies
§ 48. Remedies Potentially Available 398
§ 49. Damages for Breach of a Liability Insurance Policy 406
§ 50. Liability for Insurance Bad Faith 412
§ 51. Damages for Liability Insurance Bad Faith 420
Appendix. Black Letter of Proposed Final Draft 429
The Proposed Final Draft contains Part I, General Provisions; Art. 1 Preliminary; Art. 6 Authorized Disposition of Offenders; Art. 6X Collateral Consequences of Criminal Conviction; Art. 6A. Sentencing Commission; Art. 6B Sentencing Guidelines; Art. 7 Judicial Sentencing Authority; Art. 305 Prison Release; Correctional Populations Exceeding Capacity. This draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Project Status at a Glance xii
Foreword xv
Reporters’ Memorandum xxi
CHAPTER 1 BASIC LIABILITY INSURANCE CONTRACT RULES
§ 1. Definitions 1
Topic 1: Interpretation
2. Insurance-Policy Interpretation 8
§ 3. The Presumption in Favor of the Plain Meaning of Standard-Form Insurance-Policy Terms 16
§ 4. Ambiguous Terms 30
Topic 2: Waiver and Estoppel
§ 5. Waiver 47
§ 6. Estoppel 59
Topic 3: Misrepresentation
§ 7. Misrepresentation 69
§ 8. Materiality Requirement 81
§ 9. Reasonable-Reliance Requirement 88
CHAPTER 2 MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
Topic 1: Defense
§ 10. Scope of the Right to Defend 101
§ 11. Confidentiality 105
§ 12. Liability of Insurer for Conduct of Defense 111
§ 13. Conditions Under Which the Insurer Must Defend 114
§ 14. Duty to Defend: Basic Obligations 124
§ 15. Reserving the Right to Contest Coverage 132
§ 16. The Obligation to Provide an Independent Defense 141
§ 17. The Conduct of an Independent Defense 147
§ 18. Terminating the Duty to Defend a Legal Action 153
§ 19. Consequences of Breach of the Duty to Defend 162
§ 20. When Multiple Insurers Have a Duty to Defend 174
§ 21. Insurer Recoupment of the Costs of Defense 182
§ 22. Defense-Cost-Indemnification Policies 191
§ 23. The Right to Associate in the Defense 198
Topic 2: Settlement
§ 24. The Insurer’s Duty to Make Reasonable Settlement Decisions 205
§ 25. The Effect of a Reservation of Rights on Settlement Rights and Duties 222
§ 26. The Effect of Multiple Claimants on the Duty to Make Reasonable Settlement Decisions 236
§ 27. Damages for Breach of the Duty to Make Reasonable Settlement Decisions 239
§ 28. Excess Insurer’s Right of Subrogation 250
Topic 3: Cooperation
§ 29. The Insured’s Duty to Cooperate 254
§ 30. Consequences of the Breach of the Duty to Cooperate 261
CHAPTER 3 GENERAL PRINCIPLES REGARDING THE RISKS INSURED
Topic 1: Coverage
§ 31. Insuring Clauses 271
§ 32. Exclusions 273
§ 33. Timing of Events That Trigger Coverage 282
Topic 2: Conditions
§ 34. Conditions in Liability Insurance Policies 294
§ 35. Consent or Approval of the Insurer as a Condition 299
§ 36. Notice and Reporting Conditions 303
§ 37. Assignment of Rights Under a Liability Insurance Policy 314
Topic 3: Application of Limits, Retentions, and Deductibles
§ 38. Policy Limits 320
§ 39. Number of Accidents or Occurrences 322
§ 40. Excess Insurance: Exhaustion and Drop Down 329
§ 41. Indemnification from Multiple Policies: The General Rule 338
§ 42. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies 345
§ 43. Contribution 365
§ 44. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers 371
CHAPTER 4 ENFORCEABILITY AND REMEDIES
Topic 1: Enforceability
§ 45. Implied-in-Law Terms and Restrictions 377
§ 46. Insurance of Liabilities Involving Aggravated Fault 380
§ 47. Insurance of Known Liabilities 390
Topic 2: Remedies
§ 48. Remedies Potentially Available 398
§ 49. Damages for Breach of a Liability Insurance Policy 406
§ 50. Liability for Insurance Bad Faith 412
§ 51. Damages for Liability Insurance Bad Faith 420
Appendix. Black Letter of Proposed Final Draft 429
The Proposed Final Draft contains Part I, General Provisions; Art. 1 Preliminary; Art. 6 Authorized Disposition of Offenders; Art. 6X Collateral Consequences of Criminal Conviction; Art. 6A. Sentencing Commission; Art. 6B Sentencing Guidelines; Art. 7 Judicial Sentencing Authority; Art. 305 Prison Release; Correctional Populations Exceeding Capacity. This draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.<o:p></o:p>
Project Status at a Glance xii
Foreword xiii
Reporters’ Introduction xix
PART I. GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
Reporters’ Introductory Note to § 1.02(2) 1
§ 1.02(2). Purposes; Principles of Construction (Proposed Amendment of Earlier-Approved Provision) 2
Comment 4
a. Scope. 4
b. Utilitarian purposes within limits. 5
c. The sentencing commission and benchmarks of proportionality. 10
d. Subconstitutional proportionality analysis in the courts. 11
e. Assessment constraints on utilitarian purposes 11
f. Prohibition on unnecessary severity. 12
g. The principle of “do no harm.” 13
h. Systemic purposes. 14
i. Preservation of judicial discretion. 15
j. Consistency of analysis. 16
k. Elimination of inequities in sentencing. 17
l. Correctional resource management. 19
m. Humane administration of sanctions. 20
n. Promotion of research. 22
o. Transparency, accountability, and legitimacy of the sentencing system. 23
p. States choosing an advisory-guidelines system. 24
q. Recommended revisions of § 1.02(2) for an advisory system. 24
Reporters’ Note 25
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
Reporters’ Introductory Note to § 6.04A 40
§ 6.04A. Victim Restitution (Proposed Amendment of Earlier-Approved Provision) 40
Comment 43
a. Scope. 43
b. State constitutional provisions. 44
c. Mandatory versus discretionary victim restitution. 44
d. Recovery limited to losses from the offense of conviction. 46
e. Purposes of victim restitution. 46
f. Definition of “victim.”. 47
g. Losses recoverable; definition of “economic losses.” 47
h. Consideration of offender’s financial circumstances. 48
i. Multiple victims. 48
j. Multiple offenders 48
k. Process for proof of economic losses. 51
l. Effects of victim-restitution orders on civil proceedings. 51
Reporters’ Note 52
§ 6.07. Credit Against the Sentence for Time Spent in Custody (New Provision) 67
Comment 68
Scope 68
Credit for custody on related conduct 68
Credit on all concurrent sentences 69
Credit for time served in connection with a vacated sentence 69
Measuring custody 69
Defining custody 69
Finding a nexus between custody and the sentence 70
Determination of credit 70
Reporters’ Note 71
Original Provision 75
§ 6.14. Restorative Justice Practices (New Provision) 75
Comment 77
Scope 77
Purposes of restorative justice 79
Need for informed consent. 79
Using a restorative justice practice to select a disposition 79
Guarding against abuses of restorative justice practices. 80
Using a restorative justice practice for purposes other than sentencing. 80
Facilitating victim–offender communication. 81
Qualifications of facilitators. 81
Reporters’ Note 81
ARTICLE 6B. SENTENCING GUIDELINES
Reporters’ Introductory Note to § 6B.07 84
§ 6B.07. Use of Criminal History (Proposed Amendment of Earlier-Approved Provision) 85
Comment 87
a. Scope. 87
b. Broad discretion to the commission. 87
c. The commission’s deliberations; required considerations. 88
d. Juvenile adjudications. 91
e. Limitation periods. 92
f. Monitoring criminal history’s impact. 93
g. States choosing an advisory-guidelines system. 94
Reporters’ Note 95
Appendix A. Model Penal Code: Sentencing, Proposed Final Table of Contents 103
Appendix B. Black Letter of Tentative Draft No. 4 111
Appendix C. Other Relevant Black-Letter Text 123
Tentative Draft No. 4 contains Part I, General Provisions; Art. 1 Preliminary § 1.02 (2); Art. 6 Authorized Disposition of Offenders §§ 6.04A, 6.07, 6.14); Art. 6B Sentencing Guidelines (§§ 6B.07). At the 2016 Annual Meeting, the membership approved motions to amend §§ 6.04A and 6B.07 of this draft; The amended draft was then approved subject to the discussion at the Meeting and the usual editorial prerogative.
Project Status at a Glance xii
Foreword xiii
Reporters’ Introduction xix
PART I. GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
Reporters’ Introductory Note to § 1.02(2) 1
§ 1.02(2). Purposes; Principles of Construction (Proposed Amendment of Earlier-Approved Provision) 2
Comment 4
a. Scope. 4
b. Utilitarian purposes within limits. 5
c. The sentencing commission and benchmarks of proportionality. 10
d. Subconstitutional proportionality analysis in the courts. 11
e. Assessment constraints on utilitarian purposes 11
f. Prohibition on unnecessary severity. 12
g. The principle of “do no harm.” 13
h. Systemic purposes. 14
i. Preservation of judicial discretion. 15
j. Consistency of analysis. 16
k. Elimination of inequities in sentencing. 17
l. Correctional resource management. 19
m. Humane administration of sanctions. 20
n. Promotion of research. 22
o. Transparency, accountability, and legitimacy of the sentencing system. 23
p. States choosing an advisory-guidelines system. 24
q. Recommended revisions of § 1.02(2) for an advisory system. 24
Reporters’ Note 25
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
Reporters’ Introductory Note to § 6.04A 40
§ 6.04A. Victim Restitution (Proposed Amendment of Earlier-Approved Provision) 40
Comment 43
a. Scope. 43
b. State constitutional provisions. 44
c. Mandatory versus discretionary victim restitution. 44
d. Recovery limited to losses from the offense of conviction. 46
e. Purposes of victim restitution. 46
f. Definition of “victim.”. 47
g. Losses recoverable; definition of “economic losses.” 47
h. Consideration of offender’s financial circumstances. 48
i. Multiple victims. 48
j. Multiple offenders 48
k. Process for proof of economic losses. 51
l. Effects of victim-restitution orders on civil proceedings. 51
Reporters’ Note 52
§ 6.07. Credit Against the Sentence for Time Spent in Custody (New Provision) 67
Comment 68
Scope 68
Credit for custody on related conduct 68
Credit on all concurrent sentences 69
Credit for time served in connection with a vacated sentence 69
Measuring custody 69
Defining custody 69
Finding a nexus between custody and the sentence 70
Determination of credit 70
Reporters’ Note 71
Original Provision 75
§ 6.14. Restorative Justice Practices (New Provision) 75
Comment 77
Scope 77
Purposes of restorative justice 79
Need for informed consent. 79
Using a restorative justice practice to select a disposition 79
Guarding against abuses of restorative justice practices. 80
Using a restorative justice practice for purposes other than sentencing. 80
Facilitating victim–offender communication. 81
Qualifications of facilitators. 81
Reporters’ Note 81
ARTICLE 6B. SENTENCING GUIDELINES
Reporters’ Introductory Note to § 6B.07 84
§ 6B.07. Use of Criminal History (Proposed Amendment of Earlier-Approved Provision) 85
Comment 87
a. Scope. 87
b. Broad discretion to the commission. 87
c. The commission’s deliberations; required considerations. 88
d. Juvenile adjudications. 91
e. Limitation periods. 92
f. Monitoring criminal history’s impact. 93
g. States choosing an advisory-guidelines system. 94
Reporters’ Note 95
Appendix A. Model Penal Code: Sentencing, Proposed Final Table of Contents 103
Appendix B. Black Letter of Tentative Draft No. 4 111
Appendix C. Other Relevant Black-Letter Text 123
Tentative Draft No. 4 contains Part I, General Provisions; Art. 1 Preliminary § 1.02 (2); Art. 6 Authorized Disposition of Offenders §§ 6.04A, 6.07, 6.14); Art. 6B Sentencing Guidelines (§§ 6B.07). At the 2016 Annual Meeting, the membership approved motions to amend §§ 6.04A and 6B.07 of this draft; The amended draft was then approved subject to the discussion at the Meeting and the usual editorial prerogative.
Softbound | 1MPCSTD3 | 2014 | 200 pages | $35.00
Foreword
Reporters’ Introduction
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
§ 6.02A. Deferred Prosecution
§ 6.02B. Deferred Adjudication
§ 6.03. Probation
Reporters’ Introduction to Economic Sanctions Provisions
§ 6.04. Economic Sanctions; General Provisions
§ 6.04A. Victim Compensation
§ 6.04B. Fines
§ 6.04C. Asset Forfeitures
§ 6.04D. Costs, Fees, and Assessments
§ 6.09. Postrelease Supervision
§ 6.15. Violations of Probation or Postrelease Supervision
ARTICLE 6x. COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTION
§ 6x.01. Definitions
§ 6x.02. Sentencing Guidelines and Collateral Consequences
§ 6x.03. Voting and Jury Service
§ 6x.04. Notification of Collateral Consequences; Order of Relief
§ 6x.05. Orders of Relief for Convictions from Other Jurisdictions; Relief Following the Termination of a Sentence
§ 6x.06. Certificate of Relief from Civil Disabilities
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6x, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Tentative Draft No. 3
Appendix C. Other Relevant Black-Letter Text
This draft covers portions of Part 1, General Provisions; Article 6, Authorized Disposition of Offenders; Article 6x, Collateral Consequences of Criminal Conviction.
This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Softbound | 1MPCSTD3 | 2014 | 200 pages | $35.00
Foreword
Reporters’ Introduction
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
§ 6.02A. Deferred Prosecution
§ 6.02B. Deferred Adjudication
§ 6.03. Probation
Reporters’ Introduction to Economic Sanctions Provisions
§ 6.04. Economic Sanctions; General Provisions
§ 6.04A. Victim Compensation
§ 6.04B. Fines
§ 6.04C. Asset Forfeitures
§ 6.04D. Costs, Fees, and Assessments
§ 6.09. Postrelease Supervision
§ 6.15. Violations of Probation or Postrelease Supervision
ARTICLE 6x. COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTION
§ 6x.01. Definitions
§ 6x.02. Sentencing Guidelines and Collateral Consequences
§ 6x.03. Voting and Jury Service
§ 6x.04. Notification of Collateral Consequences; Order of Relief
§ 6x.05. Orders of Relief for Convictions from Other Jurisdictions; Relief Following the Termination of a Sentence
§ 6x.06. Certificate of Relief from Civil Disabilities
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6x, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Tentative Draft No. 3
Appendix C. Other Relevant Black-Letter Text
This draft covers portions of Part 1, General Provisions; Article 6, Authorized Disposition of Offenders; Article 6x, Collateral Consequences of Criminal Conviction.
This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Softbound | 1MPCSDD5 | 2013 | 204 pages | $35.00
Foreword
Reporters’ Memorandum
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
Comment
Reporters’ Note
Original Provision
§ 6.02A. Deferred Prosecution
Comment
Reporters’ Note
Statutory Note
§ 6.02B. Deferred Adjudication
Comment
Reporters’ Note
Original Provision
Statutory Note
§ 6.03. Probation
Comment
Reporters’ Note
Original Provisions
§ 6.04. Economic Sanctions
Comment
Reporters’ Note
Original Provisions
Statutory Note
§ 6.09. Postrelease Supervision
Comment
Reporters’ Note
Original Provision
§ 6.13. Specialized Courts
Comment
Reporters’ Note
§ 6.15. Violations of Probation or Postrelease Supervision
Comment
Reporters’ Note
Original Provisions
Statutory Note
ARTICLE 6x. COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTION
§ 6x.01. Definitions
Comment
Reporters’ Note
§ 6x.02. Sentencing Guidelines and Collateral Consequences
Comment
Reporters’ Note
§ 6x.03. Voting and Jury Service
Comment
Reporters’ Note
§ 6x.04. Notification of Collateral Sanctions; Order of Relief
Comment
Reporters’ Note
§ 6x.05. Termination of Collateral Sanctions
Comment
Reporters’ Note
§ 6x.06. Certificate of Good Conduct
Comment
Reporters’ Note
PART III. TREATMENT AND CORRECTION
ARTICLE 300. RESEARCH AND EVALUATION
§ 300.1. Criminal-Justice Research Agency
Comment
Reporters’ Note
Original Provision
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6x, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Discussion Draft No. 5
This draft covers portions of Part 1, Article 6, Authorized Disposition of Offenders; Article 6x, collateral Consequences of Criminal Conviction: and Part III, Article 300, Research and Evaluation. It was submitted, for discussion only, at the 2013 Annual Meeting.
Softbound | 1MPCSDD5 | 2013 | 204 pages | $35.00
Foreword
Reporters’ Memorandum
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
Comment
Reporters’ Note
Original Provision
§ 6.02A. Deferred Prosecution
Comment
Reporters’ Note
Statutory Note
§ 6.02B. Deferred Adjudication
Comment
Reporters’ Note
Original Provision
Statutory Note
§ 6.03. Probation
Comment
Reporters’ Note
Original Provisions
§ 6.04. Economic Sanctions
Comment
Reporters’ Note
Original Provisions
Statutory Note
§ 6.09. Postrelease Supervision
Comment
Reporters’ Note
Original Provision
§ 6.13. Specialized Courts
Comment
Reporters’ Note
§ 6.15. Violations of Probation or Postrelease Supervision
Comment
Reporters’ Note
Original Provisions
Statutory Note
ARTICLE 6x. COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTION
§ 6x.01. Definitions
Comment
Reporters’ Note
§ 6x.02. Sentencing Guidelines and Collateral Consequences
Comment
Reporters’ Note
§ 6x.03. Voting and Jury Service
Comment
Reporters’ Note
§ 6x.04. Notification of Collateral Sanctions; Order of Relief
Comment
Reporters’ Note
§ 6x.05. Termination of Collateral Sanctions
Comment
Reporters’ Note
§ 6x.06. Certificate of Good Conduct
Comment
Reporters’ Note
PART III. TREATMENT AND CORRECTION
ARTICLE 300. RESEARCH AND EVALUATION
§ 300.1. Criminal-Justice Research Agency
Comment
Reporters’ Note
Original Provision
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6x, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Discussion Draft No. 5
This draft covers portions of Part 1, Article 6, Authorized Disposition of Offenders; Article 6x, collateral Consequences of Criminal Conviction: and Part III, Article 300, Research and Evaluation. It was submitted, for discussion only, at the 2013 Annual Meeting.
Model Penal Code: Sentencing, Discussion Draft No. 4
Softbound | 1MPCSDD4 | 2012 | 161 pages | $30.00
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
Original Provision
§ 6.02A. Deferred Prosecution
Statutory Note
§ 6.02B. Deferred Adjudication
Original Provision
Statutory Note
§ 6.03. Probation
Original Provisions
§ 6.04. Economic Sanctions
Original Provisions
Statutory Note
§ 6.08. Notification of Collateral Sanctions; Order of Relief
Statutory Note
§ 6.09. Postrelease Supervision
Original Provision
§ 6.10. Termination of Collateral Sanctions
§ 6.13. Dispositions for Offenders in Need of Substance-Abuse Treatment Original Provision
§ 6.14. Restorative Justice Procedures
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.02A. Sentencing Guidelines and Collateral Consequences
Statutory Note
PART III. TREATMENT AND CORRECTION
ARTICLE 306. LOSS AND RESTORATION OF RIGHTS INCIDENT TO CONVICTION OR IMPRISONMENT
§ 306.1. Certificate of Good Conduct
Original Provision
Statutory Note
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Discussion Draft No. 4
This draft covers portions of Part 1, Article 6, Authorized Disposition of Offenders; Part 1, Article 6B, Sentencing Guidelines, and Part III, Article 306, Loss and Restoration of Rights Incident to Conviction or Imprisonment. It was submitted, for discussion only, at the 2012 Annual Meeting.
Model Penal Code: Sentencing, Discussion Draft No. 4
Softbound | 1MPCSDD4 | 2012 | 161 pages | $30.00
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.02. Authorized Dispositions for Individuals
Original Provision
§ 6.02A. Deferred Prosecution
Statutory Note
§ 6.02B. Deferred Adjudication
Original Provision
Statutory Note
§ 6.03. Probation
Original Provisions
§ 6.04. Economic Sanctions
Original Provisions
Statutory Note
§ 6.08. Notification of Collateral Sanctions; Order of Relief
Statutory Note
§ 6.09. Postrelease Supervision
Original Provision
§ 6.10. Termination of Collateral Sanctions
§ 6.13. Dispositions for Offenders in Need of Substance-Abuse Treatment Original Provision
§ 6.14. Restorative Justice Procedures
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.02A. Sentencing Guidelines and Collateral Consequences
Statutory Note
PART III. TREATMENT AND CORRECTION
ARTICLE 306. LOSS AND RESTORATION OF RIGHTS INCIDENT TO CONVICTION OR IMPRISONMENT
§ 306.1. Certificate of Good Conduct
Original Provision
Statutory Note
Appendix A. Proposed Complete Table of Contents for Part I, Articles 6, 6A, 6B, and 7, and Partial Contents for Parts III and IV
Appendix B. Black Letter of Discussion Draft No. 4
This draft covers portions of Part 1, Article 6, Authorized Disposition of Offenders; Part 1, Article 6B, Sentencing Guidelines, and Part III, Article 306, Loss and Restoration of Rights Incident to Conviction or Imprisonment. It was submitted, for discussion only, at the 2012 Annual Meeting.
Model Penal Code: Sentencing Tentative Draft No. 2
Softbound | 1MPCSTD2 | 2011 | 192 pages | $30.00
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Grading of Felonies and Misdemeanors 1
Comment 1
a. Scope 1
b. General grading scheme 2
c. Degrees of felonies 2
d. Grading of misdemeanors 3
e. Violations 3
Reporter’s Note 3
Original Provision 4
§ 6.06. Sentence of Imprisonment 4
Comment 5
a. Scope 5
b. Maximum authorized terms for felony offenses 10
(1) Most severe available penalty 10
(2) Life sentences 12
(3) Penultimate maximum penalties 16
(4) Least serious felonies 17
c. Maximum authorized terms for misdemeanor offenses. 17
d. Disapproval of mandatory-minimum prison sentences 18
e. Elimination of parole-release authority 25
Reporter’s Note 27
Original Provisions 34
§ 6.11A. Sentencing of Offenders Under the Age of 18 35
Comment 37
a. Scope 37
b. Setting the legal boundary at age 18 37
c. Purposes of sentencing and offenders under 18 38
(1) Blameworthiness 40
(2) Potential for rehabilitation 40
(3) Harm prevention 41
(4) Small group of serious violent offenders. 41
(5) Deterrence 41
d. Availability of juvenile-court sanctions. 41
e. Mandatory juvenile disposition 42
f. Authority to deviate from mandatory penalties 43
g. Cap on severity of prison sentences 44
h. Eligibility for sentence modification 44
i. Sentencing guidelines 45
j. Prohibition on housing juveniles in adult institutions 45
k. Selective extension of this provision to older offenders 45
Reporter’s Note 46
Original Provision 51
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.09. Evidence-Based Sentencing; Offender Treatment Needs and Risk of Reoffending 52
Comment 53
a. Scope 53
b. Offender needs assessments 55
c. Risk assessment and judicial discretion 55
d. Low-risk offenders 56
e. High-risk offenders 56
f. Reasonable feasibility 57
g. Proportionality constraints 57
h. Provision requires adequate funding 58
Reporter’s Note 58
Statutory Note 63
PART III. TREATMENT AND CORRECTION
ARTICLE 305. PRISON RELEASE AND POSTRELEASE SUPERVISION
§ 305.1. Good-Time Reductions of Prison Terms; Reductions for Program
Participation 65
Comment 65
a. Scope 65
b. Amount of credits available 68
c. Deductions from mandatory prison terms 69
d. Grounds for forfeiture of credits 70
e. Vesting 70
Reporter’s Note 71
Original Provision 75
§ 305.6. Modification of Long-Term Prison Sentences; Principles for Legislation 75
Comment 77
a. Scope 77
b. A “second look” at long-term sentences 79
c. Time periods 80
d. Identity of the official decisionmaker 82
e. Assistance to eligible prisoners 85
f. Model of decisionmaking; substantive standard. 85
g. What modifications are permitted 87
h. Minimum procedural requirements 88
i. Appeals 89
j. Sentencing guidelines 89
k. Retroactivity 90
Reporter’s Note 91
§ 305.7. Modification of Prison Sentences in Circumstances of Advanced Age, Physical or Mental Infirmity, Exigent Family Circumstances, or Other Compelling Reasons 97
Comment 98
a. Scope 98
b. Criteria for eligibility 98
c. Identity of decisionmaker 100
d. Assistance provided by department of corrections 101
e. Assignment and screening of applications 101
f. Appointment of counsel 102
g. Minimum hearing procedures 102
h. Substantive standard for sentence modification 102
i. What modifications are permitted 102
j. Transition to outside medical and mental-health care 103
k. Sentencing guidelines 103
Reporter’s Note 103
Appendix A. Proposed Deletions of Provisions 111
Appendix B. Reporter’s Study: The Question of Parole-Release Authority 121
Appendix C. Black Letter of Tentative Draft No. 2 161
Tentative Draft No. 2 addresses central policies of sentencing: how a state should determine the statutory lengths of prison sentences for particular crimes; when life sentences without the possibility of parole should be allowed; mandatory-minimum sentences (the draft opposes them); a procedure for later reconsideration of prison sentences longer than 15 years; and questions at both ends of the age spectrum: juvenile sentences on the one hand and compassionate release as a possibility for elderly prisoners on the other.
This draft was approved by the membership at the 2011 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Model Penal Code: Sentencing Tentative Draft No. 2
Softbound | 1MPCSTD2 | 2011 | 192 pages | $30.00
PART I. GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Grading of Felonies and Misdemeanors 1
Comment 1
a. Scope 1
b. General grading scheme 2
c. Degrees of felonies 2
d. Grading of misdemeanors 3
e. Violations 3
Reporter’s Note 3
Original Provision 4
§ 6.06. Sentence of Imprisonment 4
Comment 5
a. Scope 5
b. Maximum authorized terms for felony offenses 10
(1) Most severe available penalty 10
(2) Life sentences 12
(3) Penultimate maximum penalties 16
(4) Least serious felonies 17
c. Maximum authorized terms for misdemeanor offenses. 17
d. Disapproval of mandatory-minimum prison sentences 18
e. Elimination of parole-release authority 25
Reporter’s Note 27
Original Provisions 34
§ 6.11A. Sentencing of Offenders Under the Age of 18 35
Comment 37
a. Scope 37
b. Setting the legal boundary at age 18 37
c. Purposes of sentencing and offenders under 18 38
(1) Blameworthiness 40
(2) Potential for rehabilitation 40
(3) Harm prevention 41
(4) Small group of serious violent offenders. 41
(5) Deterrence 41
d. Availability of juvenile-court sanctions. 41
e. Mandatory juvenile disposition 42
f. Authority to deviate from mandatory penalties 43
g. Cap on severity of prison sentences 44
h. Eligibility for sentence modification 44
i. Sentencing guidelines 45
j. Prohibition on housing juveniles in adult institutions 45
k. Selective extension of this provision to older offenders 45
Reporter’s Note 46
Original Provision 51
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.09. Evidence-Based Sentencing; Offender Treatment Needs and Risk of Reoffending 52
Comment 53
a. Scope 53
b. Offender needs assessments 55
c. Risk assessment and judicial discretion 55
d. Low-risk offenders 56
e. High-risk offenders 56
f. Reasonable feasibility 57
g. Proportionality constraints 57
h. Provision requires adequate funding 58
Reporter’s Note 58
Statutory Note 63
PART III. TREATMENT AND CORRECTION
ARTICLE 305. PRISON RELEASE AND POSTRELEASE SUPERVISION
§ 305.1. Good-Time Reductions of Prison Terms; Reductions for Program
Participation 65
Comment 65
a. Scope 65
b. Amount of credits available 68
c. Deductions from mandatory prison terms 69
d. Grounds for forfeiture of credits 70
e. Vesting 70
Reporter’s Note 71
Original Provision 75
§ 305.6. Modification of Long-Term Prison Sentences; Principles for Legislation 75
Comment 77
a. Scope 77
b. A “second look” at long-term sentences 79
c. Time periods 80
d. Identity of the official decisionmaker 82
e. Assistance to eligible prisoners 85
f. Model of decisionmaking; substantive standard. 85
g. What modifications are permitted 87
h. Minimum procedural requirements 88
i. Appeals 89
j. Sentencing guidelines 89
k. Retroactivity 90
Reporter’s Note 91
§ 305.7. Modification of Prison Sentences in Circumstances of Advanced Age, Physical or Mental Infirmity, Exigent Family Circumstances, or Other Compelling Reasons 97
Comment 98
a. Scope 98
b. Criteria for eligibility 98
c. Identity of decisionmaker 100
d. Assistance provided by department of corrections 101
e. Assignment and screening of applications 101
f. Appointment of counsel 102
g. Minimum hearing procedures 102
h. Substantive standard for sentence modification 102
i. What modifications are permitted 102
j. Transition to outside medical and mental-health care 103
k. Sentencing guidelines 103
Reporter’s Note 103
Appendix A. Proposed Deletions of Provisions 111
Appendix B. Reporter’s Study: The Question of Parole-Release Authority 121
Appendix C. Black Letter of Tentative Draft No. 2 161
Tentative Draft No. 2 addresses central policies of sentencing: how a state should determine the statutory lengths of prison sentences for particular crimes; when life sentences without the possibility of parole should be allowed; mandatory-minimum sentences (the draft opposes them); a procedure for later reconsideration of prison sentences longer than 15 years; and questions at both ends of the age spectrum: juvenile sentences on the one hand and compassionate release as a possibility for elderly prisoners on the other.
This draft was approved by the membership at the 2011 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Model Penal Code: Sentencing - Discussion Draft No. 3
Softbound | 1MPCSDD3 | 2010 | 31 pages | $15.00
Foreword
I. Determinate versus Indeterminate Sentencing Questions Recommended for Discussion
II. Prison-Release Mechanisms Within a Generally Determinate Structure
1. Good-Time Credits
§ 305.1. Reductions of Prison Terms for Good Behavior
Question Recommended for Discussion
2. Sentence Modification Based on Age or Infirmity, or for Extraordinary and Compelling Reasons
§ 305.7. Modification of Prison Sentences in Circumstances of Advanced Age or Physical or Mental Infirmity, or for Extraordinary and Compelling Reasons
Questions Recommended for Discussion
3. “Second-Look” Mechanism for Long Prison Sentences
§ 305.6. Modification of Long-Term Prison Sentences
[Principles for Legislation]
Questions Recommended for Discussion
III. Life Sentences
“Life Without Parole.”
Life Sentences with Opportunity for Release
Questions Recommended for Discussion
IV. Needs and Risk Assessments of Offenders at Sentencing
§ 6B.09. Needs and Risk Assessments of Offenders
Questions Recommended for Discussion
V. Sentencing Juveniles Convicted in Adult Court7
§ 6.11A. Sentencing of Offenders Under the Age of 18
Question Recommended for Discussion
VI. Post-Release Supervision Terms
Question Recommended for Discussion
This draft is comprised of: questions recommended for discussion on the following topics; Determinate versus Indeterminate Sentencing; Prison-Release Mechanisms Within a Generally Determinate Structure; Life Sentences; Needs and Risk Assessments of Offenders at Sentencing; Sentencing Juveniles Convicted in Adult Court; Post-Release Supervision Terms. It was submitted, for discussion only, at the 2010 Annual Meeting.
Model Penal Code: Sentencing - Discussion Draft No. 3
Softbound | 1MPCSDD3 | 2010 | 31 pages | $15.00
Foreword
I. Determinate versus Indeterminate Sentencing Questions Recommended for Discussion
II. Prison-Release Mechanisms Within a Generally Determinate Structure
1. Good-Time Credits
§ 305.1. Reductions of Prison Terms for Good Behavior
Question Recommended for Discussion
2. Sentence Modification Based on Age or Infirmity, or for Extraordinary and Compelling Reasons
§ 305.7. Modification of Prison Sentences in Circumstances of Advanced Age or Physical or Mental Infirmity, or for Extraordinary and Compelling Reasons
Questions Recommended for Discussion
3. “Second-Look” Mechanism for Long Prison Sentences
§ 305.6. Modification of Long-Term Prison Sentences
[Principles for Legislation]
Questions Recommended for Discussion
III. Life Sentences
“Life Without Parole.”
Life Sentences with Opportunity for Release
Questions Recommended for Discussion
IV. Needs and Risk Assessments of Offenders at Sentencing
§ 6B.09. Needs and Risk Assessments of Offenders
Questions Recommended for Discussion
V. Sentencing Juveniles Convicted in Adult Court7
§ 6.11A. Sentencing of Offenders Under the Age of 18
Question Recommended for Discussion
VI. Post-Release Supervision Terms
Question Recommended for Discussion
This draft is comprised of: questions recommended for discussion on the following topics; Determinate versus Indeterminate Sentencing; Prison-Release Mechanisms Within a Generally Determinate Structure; Life Sentences; Needs and Risk Assessments of Offenders at Sentencing; Sentencing Juveniles Convicted in Adult Court; Post-Release Supervision Terms. It was submitted, for discussion only, at the 2010 Annual Meeting.
Model Penal Code: Sentencing - Discussion Draft No. 2
Softbound | 1MPCSDD2 | 2009 | 200 pages | $30.00
Reporter’s Introduction
Reporter’s Study: The Question of Parole Release Authority
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Degrees of Felonies
§ 6.06. Sentence of Imprisonment for Felony
§ 6.07. Sentence of Imprisonment for Felony; Extended Terms (deleted)
Reporter’s Note on Proposed Deletion
§ 6.08. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors
§ 6.09. Sentence for Imprisonment for Misdemeanors and Petty Misdemeanors; Extended Terms (deleted)
Reporter’s Note on Proposed Deletion
§ 6.10. Determinate Sentences of Imprisonment; Postrelease Supervision
§ 6.10A. Prison Terms Subject to Modification of Sentence
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.09. Needs and Risk Assessments of Offenders
ARTICLE 7. AUTHORITY OF THE COURT IN SENTENCING
§ 7.03. Criteria for Sentence of Extended Term of Imprisonment; Felonies (deleted)
Reporter’s Note on Proposed Deletion
§ 7.04. Criteria for Sentence of Extended Term of Imprisonment; Misdemeanors and Petty Misdemeanors (deleted)
Reporter’s Note on Proposed Deletion
§ 7.09. Credit for Time of Detention Prior to Sentence; Credit for Imprisonment Under Earlier Sentence for Same Crime
ARTICLE 305. PRISON RELEASE AND POSTRELEASE SUPERVISION
§ 305.1. Reductions of Prison Terms for Good Behavior
§ 305.6. Modification of Long-Term Prison Sentences [Principles for Legislation]
§ 305.7. Modification of Sentence in Circumstances of Advanced Age or Physical or Mental Infirmity
General Plan for Revision: Parts III and IV of the 1962 Model Penal Code
Table of Contents for Appendix
Appendix: 1962 Model Penal Code, Parts III and IV
This draft is comprised of Part 1. General Provisions. Part III. Treatment and Correction. General Plan for Revision: Parts III and IV. Appendix : 1962 Model Penal Code, Parts III and IV. It was submitted, for discussion only, at the 2009 Annual Meeting.
Model Penal Code: Sentencing - Discussion Draft No. 2
Softbound | 1MPCSDD2 | 2009 | 200 pages | $30.00
Reporter’s Introduction
Reporter’s Study: The Question of Parole Release Authority
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§ 6.01. Degrees of Felonies
§ 6.06. Sentence of Imprisonment for Felony
§ 6.07. Sentence of Imprisonment for Felony; Extended Terms (deleted)
Reporter’s Note on Proposed Deletion
§ 6.08. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors
§ 6.09. Sentence for Imprisonment for Misdemeanors and Petty Misdemeanors; Extended Terms (deleted)
Reporter’s Note on Proposed Deletion
§ 6.10. Determinate Sentences of Imprisonment; Postrelease Supervision
§ 6.10A. Prison Terms Subject to Modification of Sentence
ARTICLE 6B. SENTENCING GUIDELINES
§ 6B.09. Needs and Risk Assessments of Offenders
ARTICLE 7. AUTHORITY OF THE COURT IN SENTENCING
§ 7.03. Criteria for Sentence of Extended Term of Imprisonment; Felonies (deleted)
Reporter’s Note on Proposed Deletion
§ 7.04. Criteria for Sentence of Extended Term of Imprisonment; Misdemeanors and Petty Misdemeanors (deleted)
Reporter’s Note on Proposed Deletion
§ 7.09. Credit for Time of Detention Prior to Sentence; Credit for Imprisonment Under Earlier Sentence for Same Crime
ARTICLE 305. PRISON RELEASE AND POSTRELEASE SUPERVISION
§ 305.1. Reductions of Prison Terms for Good Behavior
§ 305.6. Modification of Long-Term Prison Sentences [Principles for Legislation]
§ 305.7. Modification of Sentence in Circumstances of Advanced Age or Physical or Mental Infirmity
General Plan for Revision: Parts III and IV of the 1962 Model Penal Code
Table of Contents for Appendix
Appendix: 1962 Model Penal Code, Parts III and IV
This draft is comprised of Part 1. General Provisions. Part III. Treatment and Correction. General Plan for Revision: Parts III and IV. Appendix : 1962 Model Penal Code, Parts III and IV. It was submitted, for discussion only, at the 2009 Annual Meeting.
Model Penal Code: Sentencing - Tentative Draft No. 1
Softbound | 1MPCSTD1 | 2007 | 100+ pages | $40.00
Summary of Contents
Foreword
Reporter’s Introductory Memorandum
PART I. GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
§ 1.02(2). Purposes; Principles of Construction
ARTICLE 6A. AUTHORITY OF THE SENTENCING COMMISSION
Reporter’s Introductory Note to Article 6A
§ 6A.01. Establishment and Purposes of Sentencing Commission
§ 6A.02. Membership of Sentencing Commission
Alternative § 6A.02. Membership of Sentencing Commission
§ 6A.03. Staff of Sentencing Commission
§ 6A.04. Initial Responsibilities of Sentencing Commission
§ 6A.05. Ongoing Responsibilities of Sentencing Commission
§ 6A.06. Community Corrections Strategy
§ 6A.07. Projections Concerning Fiscal Impact, Correctional Resources, and Demographic Impacts
§ 6A.08. Ancillary Powers of Sentencing Commission
§ 6A.09. Omnibus Review of Sentencing System
ARTICLE 6B. SENTENCING GUIDELINES
Reporter’s Introductory Note to Article 6B
§ 6B.01. Definitions
§ 6B.02. Framework for Sentencing Guidelines
§ 6B.03. Purposes of Sentencing and Sentencing Guidelines
§ 6B.04. Presumptive Guidelines and Departures
§ 6B.05. Selection Among and Use of Sanctions [To be drafted]
§ 6B.06. Eligible Sentencing Considerations
§ 6B.07. Use of Criminal History
§ 6B.08. Sentences Upon Convictions of Multiple Offenses; Consecutive and Concurrent Sentences
This provision is not submitted for approval as part of Tentative Draft No. 1. It is presented for informational purposes only.
§ 6B.09. Risk and Needs Assessments of Offenders [To be drafted]
§ 6B.10. Offenses Not Covered by Sentencing Guidelines
§ 6B.11. Effective Date of Sentencing Guidelines and Amendments
Alternative § 6B.11. Effective Date of Sentencing Guidelines and Amendments
ARTICLE 7. AUTHORITY OF THE COURT IN SENTENCING
Reporter’s Introductory Note to Article 7
§ 7.XX. Judicial Authority to Individualize Sentences
§ 7.07A. Sentencing Proceedings; Findings of Fact and Conclusions of Law
§ 7.07B. Sentencing Proceedings; Jury Factfinding
§ 7.ZZ. Appellate Review of Sentences 318
This provision is not submitted for approval as part of Tentative Draft No. 1. It is presented for informational purposes only.
Appendix A. Black-Letter Provisions Amended to Establish a System of Advisory Sentencing
Guidelines
This draft covers Part I. Article 1, Preliminary, Article 6A. Authority of the Sentencing Commission, Article 6B. Sentencing Guidelines, Article 7. Authority of the Court in Sentencing and Appendix A. Black-Letter Provisions Amended to Establish a System of Advisory Sentencing Guidelines. It was approved by the membership at the 2007 Annual Meeting, subject to the discussion at that Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Model Penal Code: Sentencing - Tentative Draft No. 1
Softbound | 1MPCSTD1 | 2007 | 100+ pages | $40.00
Summary of Contents
Foreword
Reporter’s Introductory Memorandum
PART I. GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
§ 1.02(2). Purposes; Principles of Construction
ARTICLE 6A. AUTHORITY OF THE SENTENCING COMMISSION
Reporter’s Introductory Note to Article 6A
§ 6A.01. Establishment and Purposes of Sentencing Commission
§ 6A.02. Membership of Sentencing Commission
Alternative § 6A.02. Membership of Sentencing Commission
§ 6A.03. Staff of Sentencing Commission
§ 6A.04. Initial Responsibilities of Sentencing Commission
§ 6A.05. Ongoing Responsibilities of Sentencing Commission
§ 6A.06. Community Corrections Strategy
§ 6A.07. Projections Concerning Fiscal Impact, Correctional Resources, and Demographic Impacts
§ 6A.08. Ancillary Powers of Sentencing Commission
§ 6A.09. Omnibus Review of Sentencing System
ARTICLE 6B. SENTENCING GUIDELINES
Reporter’s Introductory Note to Article 6B
§ 6B.01. Definitions
§ 6B.02. Framework for Sentencing Guidelines
§ 6B.03. Purposes of Sentencing and Sentencing Guidelines
§ 6B.04. Presumptive Guidelines and Departures
§ 6B.05. Selection Among and Use of Sanctions [To be drafted]
§ 6B.06. Eligible Sentencing Considerations
§ 6B.07. Use of Criminal History
§ 6B.08. Sentences Upon Convictions of Multiple Offenses; Consecutive and Concurrent Sentences
This provision is not submitted for approval as part of Tentative Draft No. 1. It is presented for informational purposes only.
§ 6B.09. Risk and Needs Assessments of Offenders [To be drafted]
§ 6B.10. Offenses Not Covered by Sentencing Guidelines
§ 6B.11. Effective Date of Sentencing Guidelines and Amendments
Alternative § 6B.11. Effective Date of Sentencing Guidelines and Amendments
ARTICLE 7. AUTHORITY OF THE COURT IN SENTENCING
Reporter’s Introductory Note to Article 7
§ 7.XX. Judicial Authority to Individualize Sentences
§ 7.07A. Sentencing Proceedings; Findings of Fact and Conclusions of Law
§ 7.07B. Sentencing Proceedings; Jury Factfinding
§ 7.ZZ. Appellate Review of Sentences 318
This provision is not submitted for approval as part of Tentative Draft No. 1. It is presented for informational purposes only.
Appendix A. Black-Letter Provisions Amended to Establish a System of Advisory Sentencing
Guidelines
This draft covers Part I. Article 1, Preliminary, Article 6A. Authority of the Sentencing Commission, Article 6B. Sentencing Guidelines, Article 7. Authority of the Court in Sentencing and Appendix A. Black-Letter Provisions Amended to Establish a System of Advisory Sentencing Guidelines. It was approved by the membership at the 2007 Annual Meeting, subject to the discussion at that Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Model Penal Code: Sentencing - Discussion Draft
Print | 1MPCSDD | 2006 | 308 pages | $35.00
Part I. General Provisions
Article 1. Preliminary
Article 6A. Authority of the Sentencing Commission
Article 6B. Sentencing Guidelines
Article 7. Authority of the Court in Sentencing
Appendix A. Black-Letter Provisions Amended to Establish a System of
Advisory Sentencing Guidelines
This draft includes: Recommendations concerning the purposes of sentencing; Recommends and supplies basic structure for state sentencing commissions: Recommends and explains principles for state sentencing guideline systems; Recommends a system of judicial sentencing procedures. It was submitted, for discussion only, at the 2006 Annual Meeting.
Model Penal Code: Sentencing - Discussion Draft
Print | 1MPCSDD | 2006 | 308 pages | $35.00
Part I. General Provisions
Article 1. Preliminary
Article 6A. Authority of the Sentencing Commission
Article 6B. Sentencing Guidelines
Article 7. Authority of the Court in Sentencing
Appendix A. Black-Letter Provisions Amended to Establish a System of
Advisory Sentencing Guidelines
This draft includes: Recommendations concerning the purposes of sentencing; Recommends and supplies basic structure for state sentencing commissions: Recommends and explains principles for state sentencing guideline systems; Recommends a system of judicial sentencing procedures. It was submitted, for discussion only, at the 2006 Annual Meeting.
Model Penal Code: Sentencing - 2003 Report
Softbound | 1MPCSR | 2003 | 145 pages | $20.00
Assorted topics for discussion.
This draft serves as a source of the discussion on the work ALI would like to accomplish on the Model Penal Code.