Federal Sentencing Guidelines provide judges with a recommended range of a sentence for a defendant. The sentencing guidelines consists of a guideline Manual that is used to determine the sentence by calculating a sentence range based on offense level and any relevant adjustments. When changes are made to sentencing guidelines, the Guideline Manual is adjusted to reflect the changes . This will ensure all sentencings after the changes have occurred are based upon the new changes to the guidelines. Changes in guidelines typically include a reduction in length of incarceration or probation.
Administration offices in both federal and state courts that undergo changes in sentencing guidelines must adjust the procedure involved in presentence investigations. Any forms that were used by presentencing investigation staff must be adjusted. Typically, these forms are in databases that can be adjusted in the computer system according to the changes. Presentence investigation staff may also need to be educated regarding the new changes. Administration would need to coordinate an effective and efficient program to educate the staff on the new guidelines. If the sentencing guidelines included changes that occur retroactively, court operations may be responsible for gathering defendant names of those affected by the new changes, and providing presentence investigation staff with information to recalculate the sentences.
In federal court, sentencing guidelines are reflected in a guideline manual and changes may be accomplished easier than in state courts. Additionally, the federal court system has a sentencing commission which would also assist court administrators in making appropriate states. Some states do not have sentencing commission, and thus changes would require more personnel to be involved in the actual changing of any sentencing procedures that may have been effected by the guideline changes.
References
Court Operations . (2016). Retrieved from Orange County Sheriff's Department, CA: http://ocsd.org/divisions/prof/court
How Court Work - Sentencing. (2016). Retrieved from American Bar Association: http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/sentencing.html
