Proportional Penalties

When the penalty for a crime is specified as proportional to the penalty for another crime (the "reference crime"), each day's incarceration in the latter is considered equal to 6 hours of punitive labor, so that if an incarceration component cannot be included in the former, it can nonetheless be made proportional to the latter which consists partially or entirely of incarceration.   For the purposes of this conversion, a life sentence is to be taken as 100 years.   To clarify with an example: if the penalty for a particular non-biological crime is 5% of the penalty for murder, then 100 years time 5% times 365.25 days/year times 6 hours punitive labor per day of incarceration is 10957.5 hours of punitive labor.

When the penalty for the reference crime is specified in law as a range within which the judge can exercise discretion, a proportionate range (with or without conversion, as necessary or deemed appropriate) is computed for a proportionate crime, and the judge exercises discretion over this computed range.

A punitive labor component of a reference penalty cannot be converted to an incarceration component in a proportional penalty, except as allowed in § Punitive Labor.   6 hours of punitive labor is equivalent to one day's incarceration.



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This is a preliminary draft. Pending changes are in The To-Do List