MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
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.