Over the past few years, battles have been fought in the Legislature on bail reform, discovery and parole reform; in the current session a new battle may be looming over sentencing reform. Three bills have been introduced which would be transformative and, if enacted, would constitute the most comprehensive overhaul of sentencing laws in the last 50 years.

Over half a century ago, the current Penal Law was enacted, bringing with it a refreshing simplicity in its sentencing provision. When the Penal Law became effective on Sept. 1, 1967, only two crimes carried a mandatory sentence of imprisonment—murder and kidnapping in the first degree. Since that time, an increasing amount of legislation was enacted to mandate and lengthen incarceration for certain groups of crimes. One commentator has opined that these sentencing statutes “have become a labyrinth not easily traversed by even the most experienced practitioner of the criminal law.” Donnino, Practice Commentary, PL 60.00.

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