SB 137

Abstract

Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.

Sentencing guidelines; written explanation;appeal. Requires that the written explanation the court fileswith the record of a case when departing from the sentencing guidelinesadequately explains the sentence imposed to promote fair sentencing.The bill also provides that the failure to follow any of the requiredsentencing provisions, including the failure to provide a writtenexplanation that adequately explains the sentence imposed, may bereviewable on appeal or the basis of any other post-conviction relief.Under current law, the failure to follow any or all of the provisionsof the sentencing guidelines or the failure to follow any or allof such provisions in the prescribed manner is not reviewable onappeal and cannot be the basis of any other post-conviction relief.The provisions of the bill apply only to those sentencing hearingsconducted and such sentences imposed on or after July 1, 2022.