154.00.03 Ark. Code R. § 001 2003 Changes to the Sentencing Standards Grid and Seriousness Reference Table

LibraryArkansas Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 48, No. 12, December, 2023
Citation154.00.03 Ark. Code R. § 001
Year2023

ARKANSAS SENTENCING STANDARDS GRID Effective Date - January 1, 1994, for Crimes Committed January 1, 1994 and thereafter

Criminal History Score

Offense Seriousness 0 1 2 3 4 5 +
10** PEN 360 PEN 384 PEN 432 PEN 528 PEN 660 PEN 780
9** PEN 240 PEN 312 PEN 396 PEN 480 PEN 600 PEN 720
8**1 PEN 120 PEN 168 PEN 264 PEN 360 PEN 432 PEN 600
71 PEN 42 RCF* AS PEN 54 RCF* AS PEN 84 RCF* AS PEN 120 PEN 160 PEN 300
62 PEN 24 RCF* AS PEN 42 RCF* AS PEN 66 RCF* AS PEN 108 RCF* AS PEN 156 PEN 240
5 RCF* AS PEN 36 RCF* AS PEN 54 RCF* AS PEN 72 RCF* AS PEN 120 PEN 180
4 RCF* AS PEN 18 RCF* AS PEN 30 RCF* AS PEN 54 RCF* AS PEN 72 RCF* AS PEN 96
3 RCF* AS RCF* AS PEN 18 RCF* AS PEN 30 RCF* AS PEN 42 RCF* AS PEN 60 RCF* AS
2 RCF* AS RCF* AS RCF* AS PEN 18 RCF* AS PEN 24 RCF* AS PEN 42 RCF* AS
1 AS AS AS PEN 9 RCF* AS PEN 24 RCF* AS PEN 30 RCF* AS

Offense Seriousness

0

1

2

3

4

5 +

10**

PEN

360

PEN

384

PEN 432

PEN

528

PEN

660

PEN

780

9**

PEN 240

PEN

312

PEN

396

PEN

480

PEN

600

PEN

720

8**1

PEN

120

PEN

168

PEN 264

PEN

360

PEN 432

PEN

600

71

PEN 42 RCF*

AS

PEN 54 RCF*

AS

PEN 84 RCF*

AS

PEN

120

PEN

160

PEN

300

62

PEN 24 RCF*

AS

PEN 42 RCF*

AS

PEN 66 RCF*

AS

PEN 108 RCF*

AS

PEN

156

PEN 240

5

RCF*

AS

PEN 36 RCF*

AS

PEN 54 RCF*

AS

PEN 72 RCF*

AS

PEN 120

PEN 180

4

RCF*

AS

PEN 18 RCF*

AS

PEN 30 RCF*

AS

PEN 54 RCF*

AS

PEN 72 RCF*

AS

PEN 96

3

RCF*

AS

RCF*

AS

PEN 18 RCF*

AS

PEN 30 RCF*

AS

PEN 42 RCF*

AS

PEN 60 RCF*

AS

2

RCF*

AS

RCF*

AS

RCF*

AS

PEN 18 RCF*

AS

PEN 24 RCF*

AS

PEN 42 RCF*

AS

1

AS

AS

AS

PEN 9 RCF*

AS

PEN 24 RCF*

AS

PEN 30 RCF*

AS

ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED TO THE ARKANSAS DEPARTMENT OF CORRECTION

PEN = Penitentiary Only RCF = Regional Correctional Facility AS = Alternative Sanctions

(See Attached Definitions) (Please note: mitigated departure reports are not necessary when RCF and AS are available - shaded area on the grid.)

RCF* See Regional Correctional Facility Policy Statement

--------- = Transfer Eligibility Line - Eligibility on sentences above the line is ½ of the sentence minus good time; eligibility on sentences below the line is 1/3 of the sentence minus good time. **Check applicability of Act 1326 of 1995 for release eligibility of crimes at these levels. 'See Act 1135 of 1997. 2See Act 1268 of 1999.

ARKANSAS SENTENCING STANDARDS GRID POLICY STATEMENTS

Regional Correctional Facilities

Only defendants who have been found guilty of a "targeted" crime are eligible to be sentenced to a Regional Correctional Facility. Sentences to a Regional Correctional Facility should only be utilized for those who the Court would otherwise sentence to the Department of Correction. The Sentencing Commission strongly encourages local courts to utilize the services of the Regional t Correctional Facilities in lieu of penitentiary time in appropriate cases.

Felony DWI

Current law provides a minimum of one (1) year of community service as the only alternative sanction available for DWI (felony). Incarceration sentences must be a minimum of a one (1) year (12 months) commitment to the Arkansas Department of Correction. No departure form is required.

Minimum Sentences

The Commission recognizes that the presumptive sentences recommended in some cells of the grid may fall below the minimum sentence to imprisonment for the classification of an offense, (Pursuant to A.C.A. 5-4-104 ). A court may sentence a defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment up to or over the minimum sentence.

Definitions

PEN - Commitment to the Arkansas Department of Correction .

RCF - Regional Correctional Facilities - multipurpose facilities encompassing security, punishment and services such that offenders can be housed therein when necessary but can also be assigned to or access punishment programs and services which are housed there, included therein are revocation centers, restitution centers, work release centers, Community Correction centers.

AS - Alternative Sanctions - includes (1) probation, both supervised and unsupervised; (2) suspended imposition of sentence; (3) work on service programs coupled with or without (1) or (2) above; (4) local jail time up to the maximum authorized by law as a condition of (1) or (2) above; (5) Community Correction programs as defined and provided by the Board of Corrections or by local courts as conditions of (1) or (2) above.

OFFENSE SERIOUSNESS RANKING TABLE

________________________FOR ALL CRIMINAL OFFENSES

____________________(IN STATUTORY NUMERICAL ORDER)

+ Target offense *Possible target offense

Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions.

#Serve 70% - see Act 1326 of 1995 ##Manufacturing methamphetamine will serve 70% See Act 1135 of 1997

Statute # Class Name of Crime Ranking
+ 2 17 204 D Violation of Grain Warehouse 1
3 3 202 U Alcoholic Beverage to Minor (Second Offense) 3
+ 3 3 202 D Sale of Alcoholic Beverage to Minor 2
+ 3 3 202 C Sale of Alcoholic Beverage to Minor (New, Second Offense W/I 5 year) 3
+ 3 3 402 D Illicit Still 1
+ 3 8 312 U Alcoholic Beverage Sale/Possession Trade in Dry County 1
4 90 201 U Odometer Fraud (Offense date - July 28, 1995 and thereafter) 2
5 10 101 A Capital Murder- Attempt/Conspiracy/Solicitation 9
# 5 10 102 Y Murder I 10
5 10 103 B Murder II 8
5 10 104 C Manslaughter 6
5 10 105 C Negligent Homicide (Offense date - July 30, 1999 and thereafter) 4
5 10 105 D Negligent Homicide (Offense date - Prior to July 30, 1999) 4
5 10 106 C Physician-assisted suicide (Offense date - July 30, 1999 and thereafter) 5
#5 11 102 Y Kidnapping 8
5 11 102 B Kidnapping 6
5 11 103 C False Imprisonment I 4
5 11 105 B Aircraft Piracy 5
5 11 105 C
...

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