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Memorandum to Council 1 (December 16, 2013)

handle is hein.ali/mpc2269 and id is 1 raw text is: Model Penal Code: Sentencing Memorandum to the Council Kevin R. Reitz, Reporter Cecelia M. Klingele, Associate Reporter December 16, 2013 During and after the Council's October 18, 2013 meeting, the Reporters received many thoughtful comments focused on the collateral-consequence provisions of Council Draft No. 4 (September 25, 2013). This has prompted a comprehensive rethinking of those Sections, individually and as they relate to one another. The Reporters propose to make extensive changes in Article 6x of Council Draft No. 4, which are explained in this memorandum. New suggested black-letter language is set forth in the attached appendix. 1. Global Changes to Commentary The official Comments that accompany the collateral-consequence provisions, particularly § 6x.01, include lengthy discussion of the issue of collateral consequences- what they are, how they operate, and why their application can pose serious threats to the successful reintegration of defendants and contribute to the breakdown of vulnerable communities. While helpful in framing the need for model legislation in this area, the Reporters have concluded that much of that background information is not necessary in the final Comments. Some members have expressed concern that the tone of the Comments seems to emphasize the needs of convicted individuals over the concerns of victims and the public. Not only is such a bias undesirable, it is also unintended. When applied to the right people for the proper length of time, collateral consequences serve important and legitimate regulatory functions. It is the proliferation of broad-sweeping and long-lasting mandatory collateral consequences that poses a problem in terms of fairness and public safety by making it difficult for those convicted of crime to effectively reintegrate into the law-abiding community. To minimize any danger of perceived bias or misplaced sympathy, the Reporters propose to significantly reduce the prefatory Comments to the collateral-consequence provisions, focusing instead on explication of the black-letter provisions.

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