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2018 SESSION

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HB 1055 Discretionary sentencing guidelines; judicial performance evaluation program, report.

Introduced by: Charniele L. Herring | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Sentencing guidelines; written explanation. Provides that the report of a judge's judicial performance evaluation, which is transmitted to the General Assembly, shall include the number of cases in which such judge did not file a written explanation of any departure from the sentencing guidelines as required by law.

SUMMARY AS PASSED HOUSE:

Sentencing guidelines; written explanation. Provides that the report of a judge's judicial performance evaluation, which is transmitted to the General Assembly, shall include the number of cases in which such judge did not file a written explanation of any departure from the sentencing guidelines as required by law. The bill provides that the person sentenced may seek a writ of mandamus to enforce the requirement that the court file such a written explanation.

SUMMARY AS INTRODUCED:

Sentencing guidelines; written explanation. Requires the written explanation that the court shall file with the record of a case when departing from the sentencing guidelines to adequately explain the sentence imposed to promote fair sentencing. The bill provides that the person sentenced may seek a writ of mandamus to enforce the requirement that the court file such a written explanation.