SENATE, No. 1034

 

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	A	B	C	D	E
	Seriousness Level	No/Minor Record	Moderate Record	Serious Record	Violent or Repetitive	Serious Violent
	9	Life	Life	Life	Life	Life
	8	96 - 144 Mos.	108 - 162 Mos.	120 - 180 Mos.	144 - 216 Mos.	204 - 306 Mos.
	7	60 - 90 Mos.	68 - 102 Mos.	84 - 126 Mos.	108 - 162 Mos.	160 - 240 Mos.
	6	40 - 60 Mos.	45 - 67 Mos.	50 - 75 Mos.	60 - 90 Mos.	80 - 120 Mos.
	5	12 - 36 Mos.	24 - 36 Mos.	36 - 54 Mos.	48 - 72 Mos.	60 - 90 Mos.
		IS-IV	IS-IV
		IS-III	IS-III
		IS-II	IS-II
	4	0 - 24 Mos.	3 - 30 Mos.	6 - 30 Mos.	20 - 30 Mos.	24 - 36 Mos.
		IS-IV	IS-IV	IS-IV
		IS-III	IS-III	IS-III
		IS-II	IS-II	IS-II
	3	0 - 12 Mos.	0 - 15 Mos.	0 - 18 Mos.	0 - 24 Mos.	6 - 24 Mos.
		IS-IV	IS-IV	IS-IV	IS-IV	IS-IV
		IS-III	IS-III	IS-III	IS-III	IS-III
		IS-II	IS-II	IS-II	IS-II	IS-II
		IS-I	IS-I	IS-I
	2		0 - 6 Mos.	0 - 6 Mos.	0 - 9 Mos.	0 - 12 Mos.
					IS-IV	IS-IV
		IS-III	IS-III	IS-III	IS-III	IS-III
		IS-II	IS-II	IS-II	IS-II	IS-II
		IS-I	IS-I	IS-I	IS-I	IS-I
	1				0 - 3 Mos.	0 - 6 Mos.
					IS-IV	IS-IV
			IS-III	IS-III	IS-III	IS-III
		IS-II	IS-II	IS-II	IS-II	IS-II
		IS-I	IS-I	IS-I	IS-I	IS-I

 

Sentencing Guidelines Zones				Intermediate Sanctions Levels
	Incarceration Zone			IS-IV    24-Hour Restriction
				IS-III     Daily Accountability
	Discretionary Zone			IS-II      Standard Supervision
				IS-I       Financial Accountability
	Intermediate Sanction Zone

            Section 3.  Master Crime List.  Offenses which permit incarceration are ranked according to offense seriousness level.  Murder, as defined in G.L. c. 265 § 1, is placed at the highest level of the sentencing guidelines grid and for this offense the sentencing provisions of G.L. c. 265 § 2 apply.  The offense seriousness rankings are set forth in the following master crime list, which contains the following information:-

            (a) “Grid.”  A “YES” in this column denotes application of the sentencing guidelines grid.  A “NO” in this column indicates the sentencing guideline grid is not applicable, and an alternate penalty provision as provided for in this chapter is applicable.

            (b) “Offense seriousness level.”  All offenses on the master crime list are ranked according to seriousness.  For offenses to which the sentencing guidelines grid applies, the offense seriousness level of the governing offense determines the placement of the offender on the vertical axis.

            For all offenses, the offense seriousness level also represents the level to which a prior conviction is to be assigned for purposes of determining the criminal history group.

            (c) “Notes.”  The following notes apply to certain offenses contained in the master crime list:

            (1) “Note A” refers to offenses where the sentencing guidelines range exceeds the statutory maximum sentence in certain grid cells.  In such circumstances, the sentencing guidelines range applies, except that no sentence imposed may exceed the statutory maximum sentence, as provided in § 9 of this chapter.

            (2) “Note B” refers to offenses where the statutory minimum sentence exceeds the sentencing guidelines range in certain grid cells.  In such circumstances, it is not a departure from the sentencing guidelines for a judge to impose a sentence within the sentencing guidelines range, nor is it a departure from the sentencing guidelines for a judge to impose the statutory minimum sentence, as provided in § 8 (e) of this chapter.

            (3) “Note C” refers to offenses with mandatory minimum sentences in violation of G.L. c. 94C.  The sentencing guidelines for these offenses are set forth in §  8 (c) of this chapter.

            (4) “Note D” refers to certain firearms offenses and certain offenses pertaining to operating a motor vehicle or boat under the influence which may have mandatory minimum sentences.  The sentencing guidelines for these offenses are set forth in § 8 (a) and (b) of this chapter.

            (5) “Note E” refers to certain other offenses which have mandatory minimum sentences.  The sentencing guidelines for these offenses are set forth in  § 8 (d) of this chapter.

            (6) “Note F” refers to certain offenses for which a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines.

            (7) “Note G” refers to staircased offenses.  The staircase factors are described in § 4 (a) of this chapter.

            (8) “Note H” refers to offenses for which the criminal history group of the defendant is enhanced as described in § 4 (b) of this chapter.

            (9) “Note I” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is the same as the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in § 9 of this chapter.

            (10) “Note J” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is one level lower than the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in § 9 of this chapter.

            (d) “Offense Reference” - the Massachusetts General Law reference for a particular offense.

            (e) “Offense Penalty Reference” - the Massachusetts General Law reference for a particular offense penalty provision when  different from the offense reference.

            (f) “Staircase Factor” - a specified factor, beyond the required elements of for an offense, which determines the offense seriousness level.

            (g) The master crime list also incorporates information existing elsewhere in the General Laws.  Any discrepancies between the following items of information reproduced in the master crime list and as they appear in the General Laws are to be resolved in favor of those provisions of the General Laws which set forth the penalties for the particular offense.

            (1) “Offense” - an abbreviated offense description;

            (2) “Penalty Type” - felony or misdemeanor;

            (3) “Mandatory Time” - the mandatory minimum sentence, where applicable;

            (4) “Min H/C” - the statutory minimum sentence to the house of correction, where applicable;

            (5) “Max H/C” - the statutory maximum sentence to the house of correction, where applicable;

            (6) “Min Prison” - the statutory minimum sentence to the state prison, where applicable; and,

            (7) “Max Prison” - the statutory maximum sentence to the state prison where applicable.

Where an offense is not found in the master crime list, the judge shall impose an appropriate sentence, having due regard for the purposes of sentencing set forth in G.L.  c. 211E § 2.  The master crime list follows:-