Section 1. (a) There is established, as an independent commission in the judicial branch of the commonwealth, a Massachusetts sentencing commission which shall consist of nine voting members and six non-voting members. The governor shall appoint the voting members of the commission, and shall designate one member as chairman. Three of the voting members shall […]
Section 2. The purposes of the Massachusetts sentencing commission shall be to recommend sentencing policies and practices for the commonwealth which: (1) punish the offender justly; (2) secure the public safety of the commonwealth by providing a swift and sure response to the commission of crime; (3) meet the purposes of sentencing, which are: (A) […]
Section 3. (a) (1) The commission, by affirmative vote of at least six members of the commission and consistent with all pertinent provisions of this chapter and existing law, shall recommend sentencing guidelines, which shall take effect only if enacted into law. (2) The sentencing guidelines shall be used by the district and superior courts […]
Section 4. (a) A defendant may file a notice of appeal for review of an otherwise final sentence if: (1) the sentence was imposed in violation of law; or (2) the sentence was imposed as a result of an incorrect application of the sentencing guidelines; or (3) the departure upward from the applicable guideline range […]
