Are mandatory minimums mandatory?
The previous post (and the ongoing discussion in the legal world about min-mans) piqued my interest. In your jurisdictions, O’ PDs, what is the status of a mandatory minimum-sentence? In other words, what is the effect of a mandatory-minimum sentence on parole? Is an inmate ineligible for parole before the expiration of a min-man portion of a sentence?
In CT, eligibility is governed by C.G.S. 54-125a, which says either 50% or 85% of the sentence has to be served before an inmate is eligible for parole, depending on the crime. However, before P.A. 99-196, the statute read
(b) (1) No person convicted of any of the
following offenses, which was committed on or after July 1, 1981, shall
be eligible for parole under subsection (a) of this section: Capital
felony, as defined in section 53a-54b, felony murder, as defined in
section 53a-54c, arson murder, as defined in section 53a-54d, murder,
as defined in section 53a-54a, or any offense committed with a firearm,
as defined in section 53a-3, in or on, or within one thousand five
hundred feet of, the real property comprising a public or private
elementary or secondary school. (2) A person convicted of an offense,
other than an offense specified in subdivision (1) of this subsection,
where the underlying facts and circumstances of the offense involve the
use, attempted use or threatened use of physical force against another person shall be ineligible for parole under subsection (a) of this section until such person has served not less than eighty-five per cent
of the definite sentence imposed. [(3) No person convicted of any other offense for which there is a mandatory minimum sentence which
may not be suspended or reduced by the court shall be eligible for
parole under subsection (a) of this section until such person has
served such mandatory minimum sentence or fifty per cent of the
definite sentence imposed, whichever is greater.]
The part in bold was deleted from the section. So, in effect, an inmate who has a 5 year min-man sentence would still be eligible for parole after serving just 2 and 1/2 years.
Skelly, Ken, IA, Blondie, imapd, Alaskablawg, anyone?
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about 6 years ago
I don’t think we have what you would consider mandatory minimums in Texas (except in some of the drug trafficking offenses). For the most part, we have a pretty simple sentencing structure:
Capital – death or life with parole
First degree – 5-99 years or life with parole or probation if no prior felony conviction
Second degree – 2-20 years or probation if no prior felony conviction
Third degree – 2-10 years or probation if no prior felony conviction
State jail – 180 days – 2 years or probation if no prior felony conviction or 2-10 years if offense involves a deadly weapon
There are enhancement provisions for prior felony convictions as well. Basically, if you have two prior consecutive, final, non-state jail, felony convictions (which means prison sentences, not successful probations), and are charged with a 1st, 2nd, or 3rd degree, you are facing 25-99 years or life with parole. If you have one prior final, non-state jail, felony conviction, you just bump up one degree (for something that’s already a 1st degree, your new range is 15-99 years or life). State jail cases can be enhanced to third degree punishment with two prior final state jail convictions (they don’t have to be consecutive), or one prior final 3(g) conviction (e.g., anything with a deadly weapon finding, child sex offenses). They can be enhanced to a second degree with two prior consecutive, final, non-state jail, felony convictions. None of these enhancements are mandatory. They can be added or stricken at the prosecutor’s discretion.
There are some more offense specific minimums related to drug dealing and repeat sexual offenders, but that would take a long time to go through.
When you are sentenced (and the defendant can choose jury or judge sentencing in Texas), you are given a specific number of years, not a range. For example, no one gets sentenced to 2-5 years. You get 2 years, or 8 years, or 37 years, or life.
As for parole, most people are eligible after serving 25% of their sentence (and in times of crowding, “serving your sentence” includes good time credit accrued). Those serving sentences for the above-mentioned 3(g) offenses, must serve 50% of their sentence before being eligible, and they don’t get good time credit toward that.
Does that answer your question? Does that answer way more thank you were asking?
about 6 years ago
No, that’s very helpful – I’m always interested to know the sentencing structures of other states.
What is a “state jail” classification? As you listed them, they seem to be gradations – CF, 1st, 2nd, 3rd, State Jail. Is that just in lieu of say, a 4th degree or an A misdemeanor?
CT abandoned indeterminate sentences a long time ago. Now we only have determinate sentences.
Also, here, for most people, life means 60 years.
Interesting – good time in TX is based on the actual offense, not the length of the sentence. CT abandoned good time in 1994, so all offenses after that don’t accrue good time. However, prior to 1994, you get 10 days for every month for the first five years and 12 days for every month after that (or something close to that), pretty much regardless of the crime itself.
Thanks!
about 6 years ago
Answers to a couple of your questions:
State jail felonies were created a few years ago. They are between class A misdemeanors and 3rd degree felonies. The state jail system is a separate division of the Texas Department of Criminal Justice, our prison system. If you are sentenced for a “real” felony, you go to the “institutional division,” or what is more commonly referred to as TDC or “the pen.” If you are sentenced for a state jail felony, you go to the “state jail division.” The other quirk for state jail felonies is that they can be punished the same as class A misdemeanors if it would serve “the interests of justice.” Technically, this is at the judge’s discretion, but I don’t know any judge that does it unless the prosecutor agrees to it.
In non-capital cases, a life sentence means you are eligible for parole after 30 years. In capital cases, you are eligible after 40 years.
about 6 years ago
So, if I understand this correctly, specific crimes are referred to as “state jail felonies” and the only real difference is the housing facility? The charging decision still rests with the prosecutor…
Ok…
about 6 years ago
Just to clarify the parole issue, if you are sentenced to any sentence for which the normal 25% or 50% computation would result in you not being eligible for parole until having served more than 30 years, you are actually eligible after serving 30 years. So, for example, you will be eligible for parole after serving 30 years on a 3(g) offense (which normally requires you to serve 50%) whether you were sentenced to 60 years or 99 years or life.
about 6 years ago
Yes, “state jail felonies” are a class of offenses, just like “first degree” or “second degree.” Some examples of state jail felonies are: possession of less than a gram of cocaine, meth, or heroin; unauthorized use of a motor vehicle; forgery; and theft ($1500 – $20,000).
about 6 years ago
Alaska has a grid-like sentencing structure, similar to the federal system. There are four categories of felonies – ‘C’, ‘B’, ‘A’ and ‘Unclassified’. Unclassifieds are rare and are the worst offenses with a particular punishment for that offense. The other offenses are punished according to the scheme – 5-20 for an A, 0 – 10 for a B, 0 – 5 for a C. Where you fit in that range depends on whether you have prior felonies.
If you have a prior felony, then you face presumptive sentences. The court can start there and go up or down, depending on the sentence. This, as you might expect, ran afoul of Blakely and was just modified this year to remedy that problem.
A few sentences have mandatory minimum sentences, such as murder 1, murder 2, attempted murder 1 (there is no attempted murder 2 in AK) and kidnapping. As far as parole, there are 2 types in Alaska: discretionary and mandatory. Mandatory covers good time. By and large, inmates get 1/3 off for good behavior. If a sentence is not a presumptive sentence, an inmate can also be eligible for parole after having served only 1/3 of his time. So, a presumptive sentence is not eligible for discretionary parole while mandatory minimums are. In certain cases, such as murder sentences, a judge can limit discretionary parole eligibility. The statutes are written so broadly that the judge has wide discretion. THis part of AK’s sentencing scheme withstood Blakeky scrutiny.
about 6 years ago
Alaska – so AK’s sentencing is based on the Fed. Guidelines in that the crime itself doesn’t necessarily determine whether it is an A, B or C felony, but the priors. Interesting, because here, it is almost always the crime that determines the felony… except in prior gun cases and perhaps some drug cases.
Murder, Arson 1st, Assault on a woman resulting in termination of a pregnancy, Sex Assault against minors 1st, kidnapping 1st and with a firearm are A felonies. More intuitive ones – like Robbery 1st and Assault 1st are NOT ‘A’, but rather ‘B’. Sentences for an A felony other than murder can be between 10 and 25 years (not indeterminate – just a number between those two), for a B felony it is 1-20 (except manslaughter, which is 5-40), for a C felony 1-10 and a D felony is 1-5.
Of all these, only Murder, Felony Murder, Arson Murder and Possession of a Firearm within 1500 feet of a school are ineligible for parole. Then there’s a list of 20-30 some offenses where parole eligibility kicks in after 85% and the rest are 50%.
Perhaps our sentences are shorter, but CT likes to make them serve atleast half, if not more.
Also, the DOC now has a policy whereby if you have a pre-1996 (prior to the 85% law) “violent felony” on your record, but are currently serving a post-1996 “non-violent felony” (which would be 50% eligible), they still might reclassify you based on your “violent history” and make you ineligible until 85%.
So, I guess, unlike in TX, if you’re serving 60-99 in CT, you won’t get parole (unless it’s as a result of 4 consecutive 15 year B felony sentences – in which case you’ll get parole, eventually… ).
Thanks for all the info guys