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2017 California Rules of Court

Rule 4.410. General objectives in sentencing

(a) General objectives of sentencing include:

(1)Protecting society;

(2)Punishing the defendant;

(3)Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses;

(4)Deterring others from criminal conduct by demonstrating its consequences;

(5)Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration;

(6)Securing restitution for the victims of crime;

(7)Achieving uniformity in sentencing; and

(8)Increasing public safety by reducing recidivism through community-based corrections programs and evidence-based practices.

(Subd (a) amended effective January 1, 2017; previously amended effective July 1, 2003, ad January 1, 2007.)

(b) Because in some instances these objectives may suggest inconsistent dispositions, the sentencing judge must consider which objectives are of primary importance in the particular case. The sentencing judge should be guided by statutory statements of policy, the criteria in these rules, and the facts and circumstances of the case.

(Subd (b) lettered effective July 1, 2003; adopted as part of unlettered subd effective July 1, 1977; former subd (b) amended and relettered as part of subd (a) effective July 1, 2003.)

Rule 4.410 amended effective January 1, 2017; adopted as rule 410 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, ND January 1, 2007.

Advisory Committee Comment

Statutory expressions of policy include:

Welfare and Institutions Code section 1820 et seq., which provides partnership funding for county juvenile ranches, camps, or forestry camps.

Section 1203(b)(3), which requires that eligible defendants be considered for probation and authorizes probation if circumstances in mitigation are found or justice would be served.

Section 1170(a)(1), which expresses the policies of uniformity, proportionality of terms of imprisonment to the seriousness of the offense, and the use of imprisonment as punishment.

Sections 17.5, 1228, and 3450, which express the policies promoting reinvestment of criminal justice resources to support community-based corrections programs and evidence-based practices to improve public safety through a reduction in recidivism.

Other statutory provisions that prohibit the grant of probation in particular cases.

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