S.B. 222

VETOES

RELATIVE LEVEL OF SEVERITY AND RELATIVE EMPHASIS ON THE GOALS OF
PUNISHMENT, GENERAL DETERRENCE, SPECIFIC DETERRENCE, REMEDIATION,
INCAPACITATION AND RESTITUTION TO FACILITATE THE IMPOSITION OF
COMPOSITE AND INDIVIDUALIZED SENTENCES;

(III) DEVELOP CRITERIA AND PROCEDURES FOR THE IMPOSITION
OF SENTENCES OUTSIDE THE STANDARD SENTENCE RANGES IN CASES WHERE
THERE ARE SUBSTANTIAL AND COMPELLING REASONS JUSTIFYING DEPARTURE.
SUCH CRITERIA SHALL INCLUDE:

1. AGGRAVATING FACTORS;

2. MITIGATING FACTORS;

3. TIME ELAPSED SINCE AN OFFENDER'S MOST RECENT
PRIOR CONVICTION OR RELEASE FROM PRISON;

4. ACKNOWLEDGMENT OF RESPONSIBILITY;

5. COOPERATION WITH THE PROSECUTION; AND

6. OTHER PERSONAL CHARACTERISTICS OF INDIVIDUAL
OFFENDERS THAT SHOULD BE TAKEN INTO ACCOUNT, SUCH AS ECONOMIC
CIRCUMSTANCES;

(IV) PROVIDE A STATEMENT ESTIMATING THE EFFECT OF THE
RECOMMENDED STRUCTURED SENTENCING MODEL ON STATE AND LOCAL
CORRECTIONAL POPULATIONS, BOTH IN TERMS OF FISCAL IMPACT AND NUMBERS
OF OFFENDERS. IF THE COMMISSION FINDS THAT THE PROPOSED SENTENCING
STRUCTURE WOULD RESULT IN STATE AND LOCAL INMATE POPULATIONS THAT
EXCEED TIDE OPERATING CAPACITIES OF AVAILABLE FACILITIES, THEN THE
COMMISSION SHALL PRESENT AN ADDITIONAL STRUCTURE THAT SHALL BE
CONSISTENT WITH SUCH CAPACITIES;

(V)    REVIEW AND RECOMMEND, IF NECESSARY, REVISIONS TO
PROCEDURES RELATING TO THE IMPOSITION OF SENTENCE, INCLUDING
STATEMENTS OR SUMMARIES OF FACT, STATEMENTS OF THE PRECISE TERMS OF
SENTENCES IMPOSED, AND REASONS FOR THE SELECTION OF THE LEVEL OF
SEVERITY AND TYPES OF SANCTIONS IMPOSED;

(VI)   DEVELOP PROCEDURES FOR APPELLATE REVIEW OF
DEPARTURE SENTENCES AT THE INITIATIVE OF THE OFFENDER OR THE
PROSECUTOR;

(VIII) REVIEW AND RECOMMEND, IF NECESSARY, REVISIONS TO
STANDARDS RELATING TO THE CONTENTS, PREPARATION, AND SUBSTANTIATION
OF PRESENTENCE REPORTS;

(VIII) DEVELOP GUIDELINES AND PROCEDURES, INCLUDING
ADMINISTRATIVE ACTION, FOR THE SWIFT AND CERTAIN IMPOSITION OF
REGRESSIVE SANCTIONS FOR VIOLATIONS OF SENTENCE CONDITIONS AND
PROGRESSIVE INCENTIVES FOR COMPLIANCE;

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