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2018 California Rules of Court

Rule 4.405. Definitions

As used in this division, unless the context otherwise requires:

(1)"These rules" means the rules in this division.

(2)"Base term" is the determinate term in prison or county jail under section 1170(h) selected from among the three possible terms prescribed by statute; the determinate term in prison or county jail under section 1170(h) prescribed by statute if a range of three possible terms is not prescribed; or the indeterminate term in prison prescribed by statute.

(3)"Enhancement" means an additional term of imprisonment added to the base term.

(4)"Aggravation," "circumstances in aggravation," "mitigation," or "circumstances in mitigation" means factors that the court may consider in its broad sentencing discretion authorized by statute and under these rules.

(5)"Sentence choice" means the selection of any disposition of the case that does not amount to a dismissal, acquittal, or grant of a new trial.

(6)"Section" means a section of the Penal Code.

(7)"Imprisonment" means confinement in a state prison or county jail under section 1170(h).

(8)"Charged" means charged in the indictment or information.

(9)"Found" means admitted by the defendant or found to be true by the trier of fact upon trial.

(10)"Mandatory supervision" means the period of supervision defined in section 1170(h)(5)(A), (B).

(11)"Postrelease community supervision" means the period of supervision governed by section 3451 et seq.

(12)"Risk/needs assessment" means a standardized, validated evaluation tool designed to measure an offender's actuarial risk factors and specific needs that, if successfully addressed, may reduce the likelihood of future criminal activity.

(13)"Evidence-based practices" means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease supervision

(14)"Community-based corrections program" means a program consisting of a system of services for felony offenders under local supervision dedicated to the goals stated in section 1229(c)(1)–(5).

(15)"Local supervision" means the supervision of an adult felony offender on probation, mandatory supervision, or postrelease community supervision.

(16)"County jail" means local county correctional facility.

Rule 4.405 amended effective January 1, 2018; adopted as rule 405 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1, 1991, July 1, 2003, January 1, 2007, May 23, 2007, and January 1, 2017.

Advisory Committee Comment

Following the United States Supreme Court decision in Cunningham v. California (2007) 549 U.S. 270, the Legislature amended the determinate sentencing law to remove the presumption that the court is to impose the middle term on a sentencing triad, absent aggravating or mitigating circumstances. (See Sen. Bill 40; Stats. 2007, ch. 3.) It subsequently amended sections 186.22, 186.33, 1170.1, 12021.5, 12022.2, and 12022.4 to eliminate the presumptive middle term for an enhancement. (See Sen. Bill 150; Stats. 2009, ch. 171.) Instead of finding facts in support of a sentencing choice, courts are now required to state reasons for the exercise of judicial discretion in sentencing.

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