The practice of imposing longer prison sentences on repeat offenders (versus first-time offenders who commit the same crime) is nothing new, as judges often take into consideration prior offenses when sentencing. However, there is a more recent history of mandatory prison sentences for repeat offenders. For example, New York State had a long-standing "Persistent Felony Offender" law dating back to the early 20th century (partially ruled unconstitutional in 2010, but reaffirmed "en banc" shortly after). But such sentences were not compulsory in each case, and judges had much more discretion as to what term of incarceration should be imposed.