Sourcebook of Criminal Justice Statistics, 1983 - Bureau of Justice ...

-------~----------------------------------, ---Sourcebook of Criminal Justice Statistics 19B3Table 1.70 Statutory provisions for felony classification schemes and sentence enhancements for habitual criminals, by State, as ofMay 1981--ContinuedStateWest Virginia YWisconsir. zWyomingSentence enhancement provisio'un2.s __....,.;--_______Statutory felonyThree or mareclassification scheme One prior felony conviction Two prior felony convictions i'rror felcny convictionsPenalty prescribed foroffenses individuallyClass A: lifeClass B: up to 20 yearsClass C: up to 10 yearsClass D: up to 5 yearsClass E: up to 2 yearsPl1rlalty prescribed foroffenses individually5 years additional Life, with 15 years mInimlXnservice before paroleeligibilityUp to 10 years additionalUp to 6 years additional~ior offense must have occurred within past 7 years.Prior offense must have been committed wIthin past 10 years.cWith two or mare previous convIctions, offender ineligible forparoledEither prior or current offense must be "violent" felony.ePrior felony convictions must be wIthIn past 10 years. Appliesonly If. current felony is sentenceable to at least S years maximlXn.Special prOVisions for crImes against the elderly and sexualassauI~ with deadly weapon.j\bt mandatory.~Applicable only to "forcible" felony convictIons.Ilf 10 years have passed since prior conviction, addItional termcan be reduced by up to 25 years.~plies to Class C and D offenders only.All prior offenders must serve minimum of 10 years prior toparol; eligibility.Current offense must be committed withIn 5 years of expIrationof prior sentence.mApplies only to "crimes of violence.""Prior sentences must have been at least 3 years each.o Applies only to sex offenses; prior convictions alsoreflected in guidelines sentence."Past convictIon must be within past 5 years.qCurrent offense must be within 5 years of release for prioroffens~.PrIor convictions must be within past 10 years.sPrior felony convictions must be for violent crime wIthin past10 ye?rs.Prior convIctions must be Class B or above, or one Class Band tYJo lower felonies.Discretionary with court.vProsecutor has discretion regarding decisIon to prosecute ashabitu~1 offender.DecIsion to sentence offender as habitual offender isdiscretionary with court; indictment must also show previousconvic;Jions and give notice to offender of habitual offender status."Prior convictions relate only to parole eligIbility.Ylmposition of habitual offender provIsions require districtattorney to file with court prior to sentencing Information settingforth 9rior convictions and sentences.'Prior convictions must be within 5 years.Source: Caroline S. Cooper, Debra Kelley, and Sharon Larson,State Felony Code Provisions (Washington, D.C.: The tmerican Lklivers;::it~y::.,~;;,;,,;r;~~:::rr:::;,.::;,:;=,::;.;~,~:::;.'*;;,;.;.