in Defining "1st-Time, Non-violent Offender"
1. Records of prior offenses,
especially juvenile and out-of-state, are not always entered into records
by law (juvenile) or by practice ("dropping page 2").
- Should juvenile crimes -- not adjudicated
in an adversarial court process -- be considered prior offenses, even
if they are non-violent?
- How old must a prior adult conviction
be before an offender should be considered for an alternative sentence?
2. DA deferred prosecutions: DOC and CJRC
cannot access private files of prosecutors.
- Should a crime which the DA decided not
worthy or punishment be considered a prior offense?
- If deferred prosecution (no official
record) is the first step, shouldn't deferred sentence (official record,
untilmately deleted) and suspended sentence (permanent record) be subsequest
steps before imprisonment?
3. Drug crimes: Define a threshold above
which imprisonment is a proper level of punishment.
- 1st-time drug possession crimes?
- Subsequent drug possession crimes? How
- First-time drug dealing?
- First-time cultivation?
4. Multiple Counts / Multiple Convictions
- Should an offenders charged/convicted
of multiple crimes, stemming from one incident, be considered a 1st-timer,
for purposes of determining whether imprisonment is proper?