MODEL PENAL CODE
(1) Specialized Correctional Treatment. A young adult offender is a person convicted of a crime who, at the time of sentencing, is sixteen but less than twenty-two years of age. A young adult offender who is sentenced to a term of imprisonment which may exceed thirty days [alternatives: (1) ninety days; (2) one year] shall be committed to the custody of the Division of Young Adult Correction of the Department of Correction, and shall receive, as far as practicable, such special and individualized correctional and rehabilitative treatment as may be appropriate to his needs.
(2) Special Term. A young adult offender convicted of a felony may, in lieu of any other sentence of imprisonment authorized by this Article, be sentenced to a special term of imprisonment without a minimum and with a maximum of four years, regardless of the degree of the felony involved, if the Court is of the opinion that such special term is adequate for his correction and rehabilitation and will not jeopardize the protection of the public.
[(3) Removal of Disabilities; Vacation of Conviction.
(a) In sentencing a young adult offender to the special term provided by this Section or to any sentence other than one of imprisonment, the Court may order that so long as he is not convicted of another felony, the judgment shall not constitute a conviction for the purposes of any disqualification or disability imposed by law upon conviction of a crime.
(b) When any young adult offender is unconditionally discharged from probation or parole before the expiration of the maximum term thereof, the Court may enter an order vacating the judgment of conviction.]
[(4) Commitment for Observation. If, after pre-sentence
investigation, the Court desires additional information concerning a young
adult offender before imposing sentence, it may order that he be committed,
for a period not exceeding ninety days, to the custody of the Division
of Young Adult Correction of the Department of Correction for observation
and study at an appropriate reception or classification center. Such
Division of the Department of Correction and the [Young Adult Division
of the] Board of Parole shall advise the Court of their findings and recommendations
on or before the expiration of such ninety-day period.]
Section 6.06. Sentence of Imprisonment for Felony; Ordinary Terms.
A person who has been convicted of a felony may be sentenced to imprisonment, as follows:
(1) in the case of a felony of the first degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than ten years, and the maximum of which shall be life imprisonment;
(2) in the case of a felony of the second degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than three years, and the maximum of which shall be ten years;
(3) in the case of a felony
of the third degree, for a term the minimum of which shall be fixed
by the Court at not less than one year nor more than two years, and the
maximum of which shall be five years.
Alternate Section 6.06. Sentence of Imprisonment for Felony; Ordinary Terms.
A person who has been convicted of a felony may be sentenced to imprisonment, as follows:
(1) in the case of a felony
of the first degree, for a term the minimum of which shall be fixed
by the Court at not less than one year nor more than ten years, and the
maximum at not more than twenty years or at life imprisonment;
(2) in the case of a felony
of the second degree, for a term the minimum of which shall be fixed
by the Court at not less than one year nor more than three years, and the
maximum at not more than ten years;
(3) in the case of a felony of the third degree, for a term the minimum of which shall be fixed by the Court at not less than one year nor more than two years, and the maximum at not more than five years.
No sentence shall be imposed under this Section of which the
minimum is longer than one-half the maximum, or, when the maximum is life
imprisonment, longer than ten years.
Section 6.07. Sentence of Imprisonment for Felony; Extended Terms.
In the cases designated in Section 7.03, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment, as follows:
(1) in the case of a felony of the first degree, for a term the minimum of which shall be fixed by the Court at not less than five years nor more than ten years, and the maximum of which shall be life imprisonment;
(2) in the case of a felony
of the second degree, for a term the minimum of which shall be
fixed by the Court at not less than one year nor more than five years,
and the maximum of which shall be fixed by the Court at not less than ten
nor more than twenty years;
(3) in the case of a felony
of the third degree, for a term the minimum of which shall be fixed
by the Court at not less than one year nor more than three years, and the
maximum of which shall be fixed by the Court at not less than five nor
more than ten years.
Section 6.08. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Ordinary Terms.
A person who has been convicted of a misdemeanor or a petty misdemeanor
may be sentenced to imprisonment for a definite term which shall be fixed
by the Court and shall not exceed one year in the case of a misdemeanor
or thirty days in the case of a petty misdemeanor.
Section 6.09. Sentence of Imprisonment for Misdemeanors and Petty Misdemeanors; Extended Terms.
(1) In the cases designated in Section 7.04, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to an extended term of imprisonment, as follows:
(a) in the case of a misdemeanor, for a term the minimum of which shall be fixed by the Court at not more than one year and the maximum of which shall be three years;
(b) in the case of a petty misdemeanor, for a term the minimum of which shall be fixed by the Court at not more than six months and the maximum of which shall be two years.
(2) No such sentence for an extended term shall be imposed unless:
(a) the Director of Correction has certified that there is an institution in the Department of Correction, or in a county, city [or other appropriate political subdivision of the State] which is appropriate for the detention and correctional treatment of such misdemeanants or petty misdemeanants, and that such institution is available to receive such commitments; and
(b) the [Board of Parole] [Parole Administrator]
has certified that the Board of Parole is able to visit such institution
and to assume responsibility for the release of such prisoners on parole
and for their parole supervision.
Section 7.06. Multiple Sentences; Concurrent and Consecutive Terms.
(1) Sentences of Imprisonment for More Than One Crime. When multiple sentences of imprisonment are imposed on a defendant for more than one crime, including a crime for which a previous suspended sentence or sentence of probation has been revoked, such multiple sentences shall run concurrently or consecutively as the Court determines at the time of sentence, except that:
(a) a definite and an indefinite term shall run concurrently and both sentences shall be satisfied by service of the indefinite term; and
(b) the aggregate of consecutive definite terms shall not exceed one year; and
(c) the aggregate of consecutive indefinite terms shall not exceed in minimum or maximum length the longest extended term authorized for the highest grade and degree of crime for which any of the sentences was imposed; and
(d) not more than one sentence for an extended term shall be imposed.
(2) Sentences of Imprisonment Imposed at Different Times. When a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for a crime committed prior to the former sentence, other than a crime committed while in custody:
(a) the multiple sentences imposed shall so far as possible conform to Subsection (1) of this Section; and
(b) whether the Court determines that the terms shall run concurrently or consecutively, the defendant shall be credited with time served in imprisonment on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and
(c) when a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence shall be deemed to run during the period of the new imprisonment.
(3) Sentence of Imprisonment for Crime Committed While on Parole. When a defendant is sentenced to imprisonment for a crime committed while on parole in this State, such term of imprisonment and any period of reimprisonment that the Board of Parole may require the defendant to serve upon the revocation of his parole shall run concurrently, unless the Court orders them to run consecutively.
(4) Multiple Sentences of Imprisonment in Other Cases. Except as otherwise provided in this Section, multiple terms of imprisonment shall run concurrently or consecutively as the Court determines when the second or subsequent sentence is imposed.
(5) Calculation of Concurrent and Consecutive Terms of Imprisonment.
(a) When indefinite terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum term and the shorter maximum terms merge in and are satisfied by discharge of the longest maximum term.
(b) When indefinite terms run consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms.
(c) When a definite and an indefinite term run consecutively, the period of the definite term is added to both the minimum and maximum of the indefinite term and both sentences are satisfied by serving the indefinite term.
(6) Suspension of Sentence or Probation and Imprisonment; Multiple Terms of Suspension and Probation. When a defendant is sentenced for more than one offense or a defendant already under sentence is sentenced for another offense committed prior to the former sentence:
(a) the Court shall not sentence to probation a defendant who is under sentence of imprisonment [with more than thirty days to run] or impose a sentence of probation and a sentence of imprisonment [, except as authorized by Section 6.02(3)(b) ]; and
(b) multiple periods of suspension or probation shall run concurrently from the date of the first such disposition; and
(c) when a sentence of imprisonment is imposed for an indefinite term, the service of such sentence shall satisfy a suspended sentence on another count or a prior suspended sentence or sentence to probation; and
(d) when a sentence of imprisonment is imposed for a definite term, the period of a suspended sentence on another count or a prior suspended sentence or sentence to probation shall run during the period of such imprisonment.
(7) Offense Committed While Under Suspension of Sentence or Probation. When a defendant is convicted of an offense committed while under suspension of sentence or on probation and such suspension or probation is not revoked:
(a) if the defendant is sentenced to imprisonment for an indefinite term, the service of such sentence shall satisfy the prior suspended sentence or sentence to probation; and
(b) if the defendant is sentenced to imprisonment for a definite term, the period of the suspension or probation shall not run during the period of such imprisonment; and
(c) if sentence is suspended or the defendant is
sentenced to probation, the period of such suspension or probation shall
run concurrently with or consecutively to the remainder of the prior periods,
as the Court determines at the time of sentence.