California Penal Code 1170.3 – The Judicial Council shall seek to promote uniformity in sentencing …
The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by:
(a) The adoption of rules providing criteria for the consideration of the trial judge at the time of sentencing regarding the court’s decision to:
Terms Used In California Penal Code 1170.3
- county: includes "city and county". See California Penal Code 7
- mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose the lower or upper term pursuant to paragraph (1) or (2) of subdivision (h) of Section 1170.
(4) Impose concurrent or consecutive sentences.
(5) Determine whether or not to impose an enhancement where that determination is permitted by law.
(6) Deny a period of mandatory supervision in the interests of justice under paragraph (5) of subdivision (h) of Section 1170 or determine the appropriate period and conditions of mandatory supervision. The rules implementing this paragraph shall be adopted no later than January 1, 2015.
(7) Determine the county or counties of incarceration and supervision when the court is imposing a judgment pursuant to subdivision (h) of Section 1170 concurrent or consecutive to a judgment or judgments previously imposed pursuant to subdivision (h) of Section 1170 in a county or counties.
(b) The adoption of rules standardizing the minimum content and the sequential presentation of material in probation officer reports submitted to the court regarding probation and mandatory supervision under paragraph (5) of subdivision (h) of Section 1170.
(c) This section shall become operative on January 1, 2022.
(Amended (as amended by Stats. 2016, Ch. 887, Sec. 10) by Stats. 2017, Ch. 287, Sec. 4. (SB 670) Effective January 1, 2018. Section operative January 1, 2022, by its own provisions.)