Bill S.1679

SENATE DOCKET, NO. 2000 FILED ON: 1/16/2009

SENATE . . . . . . . . . . . . . . No. 1679

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to establish sentencing guidelines..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Laws are hereby amended by inserting after chapter 211F the following chapter:-

CHAPTER 211G

SENTENCING GUIDELINES

Section 1. Definitions. The following terms as used in this chapter shall have the following meanings:-

“Adjudication of delinquency,” a determination or finding pursuant to G.L. c. 119 § 58 that a juvenile is a delinquent child.

“Conviction,” a finding or verdict of guilt for a criminal offense.

“Criminal history group,” the classification of an offender’s previous record of criminal convictions or ajudications of delinquency as set forth on the horizontal axis of the sentencing guidelines grid.

“Departure from the guidelines,” a sentence imposed outside the sentencing range contained in the applicable grid cell for the particular offense.

“Governing offense,” the offense having the highest offense seriousness level among multiple offenses arising out of the same criminal conduct.

“Grid cell,” the intersection on the sentencing guidelines grid between the offense seriousness level and the criminal history group.

“Intermediate sanction,” a non-incarcerative sentence, or portion thereof, which includes a level of restriction, such as standard probation, intensive supervision probation, community service, home confinement, and day reporting, and which may be coupled with components, such as residential programming, substance abuse treatment, restitution, continuing education, vocational training, special education, and psychological counseling.

“Mandatory minimum sentence,” the provision of a criminal penalty for a particular offense which specifies the minimum term of incarceration and prohibits suspension of any sentence, placement on file, continuance without a finding, probation, and release on parole until the minimum term of imprisonment has been served.

“Master crime list,” the list in which offenses in Massachusetts currently punishable by a term of imprisonment are ranked for purposes of the sentencing guidelines.

“Offense seriousness levels,” the categories for ranking criminal offenses as set forth in the master crime list and on the vertical axis of the sentencing guidelines grid.

“Same criminal conduct,” any two or more offenses committed during a single criminal incident.

“Sentencing Commission,” the Massachusetts Sentencing Commission as defined in G.L. c. 211E § 1.

“Sentencing event,” an appearance before a court of competent jurisdiction during which sentence is imposed for one or more convictions or adjudications of delinquency.

“Sentencing guidelines,” all provisions set forth in this chapter which direct or guide judges in sentencing.

“Sentencing guidelines grid,” the sentencing matrix, with offenses classified on a vertical axis and criminal history groups classified on a horizontal axis , and which contains a sentencing guidelines range within each grid cell.

“Sentencing guidelines range,” the range of any sentence, including the range of intermediate sanctions, which may be imposed in each grid cell without constituting a departure from the sentencing guidelines.

“Split sentence,” a sentence to a house of correction which is suspended in part and includes a specified period of incarceration followed by a specified period of probation or intermediate sanction or both.

“Staircased offense,” a criminal offense which is ranked in more than one offense seriousness level on the basis of the existence of a specified factor.

“Statutory minimum sentence,” the provision of a criminal penalty for a particular offense which does not require the imposition of incarceration, but specifies the minimum term of incarceration, when incarceration is imposed.

Section 2. Sentencing Guidelines Grid. There are established, consistent with the provisions of G.L. c. 211E § 3, sentencing guidelines in the form of a sentencing guidelines grid with offenses classified on the vertical axis according to seriousness and criminal history classified on the horizontal axis according to severity. Within each grid cell there is a sentencing guidelines range, consistent with the provisions of G.L. c. 211E § 3 (a) (3) (C). The sentencing guidelines grid includes three sentencing guidelines zones:- (1) an incarceration zone, where only a sentence to incarceration is within the sentencing guidelines range and a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines; (2) a discretionary zone, where either a sentence to incarceration or a sentence to an intermediate sanction are within the sentencing guidelines range; and, (3) an intermediate sanction zone, where only a sentence to an intermediate sanction is within the sentencing guidelines range and a sentence to incarceration constitutes a departure from the sentencing guidelines. The following sentencing guidelines grid shall be used as a basis for sentencing for convictions of all applicable offenses for which incarceration is a possible sanction under existing statutes, except for those offenses with mandatory minimum sentences listed in § 8 (a) and (b) of this chapter.

Sentencing Guidelines Grid

Criminal History Group

Offense

Seriousness Level

No/Minor

Record

Moderate

Record

Serious

Record

Violent or

Repetitive

Serious

Violent

Life

96 - 144 Mos.

108 - 162 Mos.

120 - 180 Mos.

144 - 216 Mos.

204 - 306 Mos.

60 - 90 Mos.

68 - 102 Mos.

84 - 126 Mos.

108 - 162 Mos.

160 - 240 Mos.

40 - 60 Mos.

45 - 67 Mos.

50 - 75 Mos.

60 - 90 Mos.

80 - 120 Mos.

12 - 36 Mos.

24 - 36 Mos.

36 - 54 Mos.

48 - 72 Mos.

60 - 90 Mos.

IS-IV

IS-III

IS-II

0 - 24 Mos.

3 - 30 Mos.

6 - 30 Mos.

20 - 30 Mos.

24 - 36 Mos.

IS-IV

IS-III

IS-II

0 - 12 Mos.

0 - 15 Mos.

0 - 18 Mos.

0 - 24 Mos.

6 - 24 Mos.

IS-IV

IS-III

IS-II

IS-I

0 - 6 Mos.

0 - 9 Mos.

0 - 12 Mos.

IS-IV

IS-III

IS-II

IS-I

0 - 3 Mos.

0 - 6 Mos.

IS-IV

IS-III

IS-II

IS-I

Sentencing Guidelines Zones

Intermediate Sanctions Levels

Incarceration Zone

IS-IV 24-Hour Restriction

IS-III Daily Accountability