MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 7.03. Criteria for Sentence of Extended Term of Imprisonment;  Felonies.

  The Court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this Section.  The finding of the Court shall be incorporated in the record.

   (1) The defendant is a persistent offender whose commitment for an extended term is necessary for protection of the public.

   The Court shall not make such a finding unless the defendant is over twenty-one years of age and has previously been convicted of two felonies or of one felony and two misdemeanors, committed at different times when he was over [insert Juvenile Court age] years of age.

   (2) The defendant is a professional criminal whose commitment for an extended term is necessary for protection of the public.

   The Court shall not make such a finding unless the defendant is over twenty-one years of age and:

     (a) the circumstances of the crime show that the defendant has knowingly devoted himself to criminal activity as a major source of livelihood;  or

     (b) the defendant has substantial income or resources not explained to be derived from a source other than criminal activity.

   (3) The defendant is a dangerous, mentally abnormal person whose commitment for an extended term is necessary for protection of the public.

   The Court shall not make such a finding unless the defendant has been subjected to a psychiatric examination resulting in the conclusions that his mental condition is gravely abnormal;  that his criminal conduct has been characterized by a pattern of repetitive or compulsive behavior or by persistent aggressive behavior with heedless indifference to consequences; and that such condition makes him a serious danger to others.

   (4) The defendant is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted.

    The Court shall not make such a finding unless:

     (a) the defendant is being sentenced for two or more felonies, or is already under sentence of imprisonment for felony, and the sentences of imprisonment involved will run concurrently under Section 7.06;  or

     (b) the defendant admits in open court the commission of one or more other felonies and asks that they be taken into account when he is sentenced;  and

     (c) the longest sentences of imprisonment authorized for each of the defendant's crimes, including admitted crimes taken into account, if made to run consecutively would exceed in length the minimum and maximum of the extended term imposed.