MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 7.04. Criteria for Sentence of Extended Term of Imprisonment;  Misdemeanors and Petty Misdemeanors.

  The Court may sentence a person who has been convicted of a misdemeanor or petty misdemeanor 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 has previously been convicted of two crimes, 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:

     (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 chronic alcoholic, narcotic addict, prostitute or person of abnormal mental condition who requires rehabilitative treatment for a substantial period of time.

   The Court shall not make such a finding unless, with respect to the particular category to which the defendant belongs, the Director of Correction has certified that there is a specialized institution or facility which is satisfactory for the rehabilitative treatment of such persons and which otherwise meets the requirements of Section 6.09, Subsection (2).

   (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 a number of misdemeanors or petty misdemeanors or is already under sentence of imprisonment for crime of such grades, or admits in open court the commission of one or more such crimes and asks that they be taken into account when he is sentenced;  and

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