Senate Bill 42 and the Myth of Shortened Sentences for California Offenders - The Effects of the Uniform Determinate Sentencing Act

• NCJ Number: 79156
• Journal: San Diego Law Review Volume: 14 Issue: 5 Dated: (1977) Pages: 1176-1204
• Author(s): K R Zuetel
• Date Published: 1977
• Length: 29 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Following a review of the history of California's indeterminate sentencing law, sentencing rationale, and the new determinate sentencing law (Senate Bill 42), sentence lengths under the new statute are compared with those under indeterminate sentencing.

Abstract

Prior to California's 1976 Uniform Determinate Sentencing Act, most convicted felons were committed to an indeterminate sentence. Upon entering prison, the felon was subjected to the discretion of the Adult Authority, which decided at what point the prisoner should be released prior to the expiration of the person's maximum sentence. Under the new determinate sentencing law, the felon will serve a definite fixed term, a standardized sentence which the offender can calculate with reasonable certainty prior to entering prison. Critics of Senate Bill 42 contend that under prior law, a convict often served a potential of life imprisonment, while under the new law, the highest of the three statutory choices falls far short of life imprisonment with some exceptions. On the surface, the critics' position appears sound since all the Senate Bill 42 terms appear to be far shorter than under prior law. Historical analysis shows, however, that the Wingo-Rodriguez court decisions compelled the Adult Authority to set primary terms. These release dates were based on prior median time served under the old law. A comparison of these prior medians with the Senate Bill 42 terms plus potential enhancements shows no significant discrepancy in terms served under the old and new laws. Thus, while providing generally the same prison terms as under indeterminate sentencing, the new law makes sentences for similar crimes uniform and predictable. This should reduce prison unrest and prisoner frustration associated with the arbitrariness of the indeterminate sentences, while not compromising any deterrent value present under prior law. A total of 189 footnotes are listed. (Author summary modified)