top of page
Search

SB 81 UPDATE: REMOVED FROM THE SUSPENSE FILE

SB 81– (Skinner) Status:08/18/2021 Set for hearing 08/26/2021Background: California’s penal code has multiple sentence enhancements that can be added to a criminal charge. Sentence enhancements are not elements of the crime, they are additional circumstances that increase the penalty, or time served, of the underlying crime. While the application of an enhancement may appear straightforward, research reviewed last year by the Committee on the Revision of the Penal Code revealed inconsistency in their use. Current law allows judges to dismiss sentencing enhancements “in furtherance of justice.” This standard lacks clarity and does not provide judges clear guidance on how to exercise this discretion. A ruling by the California Supreme Court noted that the law governing when judges should impose or dismiss enhancements remains an “amorphous concept,” with discretion inconsistently exercised and underused because judges did not have adequate guidance. Data indicates that in about 20% of cases, judges chose not to apply sentence enhancements. Conversely, in about 80% of cases, individuals had their terms lengthened by sentence enhancements, in many cases with two, three or more enhancements assigned. Thus, for committing the same crime some individuals receive only the base sentence while others have five, ten or more years added to their time. Building on the California Rules of Court that guide judges in certain sentencing decisions, SB 81 aims to provide clear guidance on how and when judges may apply sentence enhancements. By clarifying the parameters a judge must follow, SB 81 codifies a recommendation made by the Committee on the Revision of the Penal Code to improve fairness in sentencing and help ensure that penalties more closely reflect the circumstances of the crime.


Does your incarcerated loved one need self-help rehabilitation courses? Posse Solutions LLC Certificate Courses are for you!


Understanding Causative Factors

Understanding Impact & Magnitude

Understanding Responsibility

Understanding Remorse

Understanding Risk of Violence

Understanding Apology Letters

Victim Awareness

Anger Management

Sex Offender Treatment-Advanced

Understanding Domestic Violence

Understanding Domestic Violence-Advanced

Understanding Substance Use Disorder-Advanced


Get one-on-one instruction you cannot find anywhere else! You can log into www.possesolutions.com on the Shop tab to order. Email us at info@possesolutions.com for more information.




27 views0 comments

Recent Posts

See All

Comments


bottom of page