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Extractions: On or After October 1, 1998 From a structured sentencing perspective, the Code provides for a uniform evaluation of relevant factors present at sentencing, such as the offense before the court for sentencing, prior criminal record, victim injury and others. It also provides for a lowest permissible sentence that the court must impose in any given sentencing event, absent a valid reason for departure. The Code also contains some characteristics of unstructured sentencing, such as broad judicial discretion and the allowance for the imposition of lengthy terms of incarceration. The intent of this report is to address the requirement set forth in Florida Statute 921.002(4)(a) to analyze sentencing events under the Florida Criminal Punishment Code. Each year, the Department of Corrections is required to report on trends in sentencing practices and sentencing score thresholds and provide an analysis of the sentencing factors considered by the courts. In this report, a comparison is made between the Criminal Punishment Code sentences received in FY 2002-2003 and FY 2003-2004
Extractions: (1) A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole unless the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, and in the latter event such person shall be punished by death. (2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided un subsection (1). (3) A person who has been convicted of any other designated felony may be punished as follows: (a) For a life felony committed prior to October 1, 1983, by a term of imprisonment for life or for a term of years not less than 30 and, for a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years; (b) For a felony of the first degree, by a term of imprison,ent not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment;