The Sentencing Matrix - Corrections Department NZ

The sentencing matrix is a tool to enable probation officers to quickly identify sentences that should or should not be canvassed in a pre-sentence report.

It should be used in the short and full report assessments after the file review but before starting the interview with the offender. This will assist the probation officer in knowing which questions could be relevant during the assessment process. It may also be helpful to revisit the matrix after completing the interview.

Before the interview probation officers should consider file review information and any judicial indication to help identify the sentencing options to canvass.

The matrix

The following is an example of the sentencing matrix.

	Monetary	CW	Sup	Int Sup	CD	HD	Prison + ROC	Prison (long)
1. Judicial indication
2. Risk of re-offending/hierarchy
3. Precedent (range)
4. Effects of current/recent sentence or order
5. Availability of sentence locally

Looking at the matrix

Along the top of the matrix is the sentence type. These are:

monetary (includes fines and reparation). This section also includes the options of discharge with/without conviction and come up if called upon.
CW
supervision
intensive supervision
CD
HD
prison - release on conditions (or not release on conditions), and
prison (long) - sentences over two years.

Running down the left side of the matrix is the item list. Explanations of each item are given in the table below.

Item	Explanation
Judicial indication	Comments or directions the judge has made about sentencing possibilities when requesting a pre-sentence report. This can be either: a directive for CPPS to explore specific sentences, or a more general comment in relation to what sentence the offender may be facing.
Risk of re-offending/hierarchy	This relates to sentences that can provide the appropriate opportunity to minimise/reduce assessed risk, and provide for sufficient protection of the community and victims. It also relates to where the offending fits in the hierarchy.
Precedent (range)	The usual sentences for equivalent offending, and/or statutory range available, if known.
Effects of current/recent sentence or order	This relates to the offender's compliance on current previous sentences or orders. In the case of CW, this item considers the number of sentenced hours available to the offender, i.e. the maximum is 400 hours.
Availability of sentence locally	Is the sentence available in the area that the offender will be residing in?

Using the sentencing matrix

To use the sentencing matrix, take each sentence and consider how it addresses or does not address the issues of each item.

Example: Did the judge indicate any possible sentence outcome? Does the offending usually attract a community-based sentence or a substantial prison term?

Sentences can be included or excluded for canvassing in the pre-sentence report by marking either YES, NO, or POSSIBLE in the relevant square of the matrix.

YES - the sentence should be canvassed
NO - the sentence should not be canvassed, or
POSSIBLE - there is insufficient or conflicting information available.

The following guidelines suggest when a sentence should be included or excluded.

Should be marked as canvassed

Information that suggests a sentence should be canvassed (i.e. mark as YES) includes:

judicial indication - judge directs canvassing of a specific sentence
precedent - usual sentences for equivalent offending
current sentence (include if offender has complied and cumulative sentence of same or similar type is an option), and
risk of re-offending (include sentences that provide appropriate opportunity to minimise/reduce assessed risk).

Should not be canvassed

Information that suggests a sentence should not be canvassed (i.e. mark as NO) includes:

current or previous sentence (consider excluding if offender is non-compliant, particularly if non-compliant with HD)
sentences that cannot be combined with a current sentence, e.g.:
- offender already has 400 sentenced hours of CW means further CW cannot be canvassed, or
- community-based sentences cannot be canvassed for a sentenced prisoner
sentences that cannot be used to impose a required programme (e.g. residential programmes cannot be recommended with a sentence of supervision)
sentencing options that are not available in the geographical area (unless the offender is prepared to move)
victim impact issues (exclude sentence types that increase risk to victim, e.g. HD in the family home if the offender has a history of domestic violence)
precedent (exclude sentences that are clearly outside the usual range for the type of offending, and
risk of re-offending (exclude sentences that do not provide sufficient protection of the community/victim safety).

Note: It is likely that answering YES or NO to some of these guidelines will become easier after interviewing the offender. That is why probation officers should use the matrix before and after interviewing the offending.

If the offender is non-compliant with CD, it may be possible to design a simpler schedule (e.g. daily 12 hour curfews) that the offender is more likely to comply with.