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Change Day for Federal Sentencing Guidelines

By Jeralyn, Section Crime Policy
Posted on Mon Nov 01, 2010 at 11:59:28 AM EST
Tags: sentencing guidelines (all tags)
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Every November 1, amendments to the U.S. Sentencing Guidelines go into effect. Most of the talk this year has been about the reduction for crack cocaine penalties, which are minimal and don't apply to offenses committed before August 3, 2010 (although one judge in Maine last week said he'd apply them to someone awaiting sentencing on August 3.)

And many drug defendants, including those sentenced for drugs other than crack, may get higher sentences under the enhancements that Congress Passed as part of the Fair Sentencing Act of 2010.

But, there is one change that applies to all defendants that may be helpful. For the first time, those at Level 13 with a Category 1 criminal history (no more than 1 point), with a guideline range of 12-18 months, don't have to get a prison sentence. That's because the Commission moved Level 13 from Zone D, where it's been since 1987 or whenever the zones were established, to Zone C. All Zone D sentences must be to prison. In Zone C, alternative sentences are possible. [More...]

The rule for Zone C: For Zone C:

(d)If the applicable guideline range is in Zone C of the Sentencing Table, the minimum term may be satisfied by --

(1) a sentence of imprisonment; or

(2)a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community confinement or home detention according to the schedule in subsection (e), provided that at least one-half of the minimum term is satisfied by imprisonment.

(e)Schedule of Substitute Punishments:

(1)One day of intermittent confinement in prison or jail for one day of imprisonment (each 24 hours of confinement is credited as one day of intermittent confinement, provided, however, that one day shall be credited for any calendar day during which the defendant is employed in the community and confined during all remaining hours);

(2)One day of community confinement (residence in a community treatment center, halfway house, or similar residential facility) for one day of imprisonment;

(3)One day of home detention for one day of imprisonment.

How does that work?

Subsection (d) provides that where the applicable guideline range is in Zone C of the Sentencing Table (i.e., the minimum term specified in the applicable guideline range is ten or twelve months), the