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:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose the lower, middle, 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(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
(Amended (as amended by Stats. 2016, Ch. 887, Sec. 9) by Stats. 2017, Ch. 287, Sec. 3. (SB 670) Effective January 1, 2018. Repealed as of January 1, 2022, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2017, Ch. 287.)
Last modified: October 25, 2018