154.00.17 Ark. Code R. § 001 Arkansas Sentencing Standards Grid & Seriousness Reference Table
| Library | Arkansas Administrative Code |
| Edition | 2023 |
| Currency | Current through Register Vol. 48, No. 12, December, 2023 |
| Citation | 154.00.17 Ark. Code R. § 001 |
| Year | 2023 |
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ADC = Penitentiary Only, CCC = Community Correction Center (See Community Correction Center Policy Statement), AS = Alternative Sanctions
= Transfer Eligibility Line - Eligibility on sentences above the line is 1/2 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, Act 570 of 2011, Act 132 of 2013, and Act 133 of 2013 for release eligibility of crimes at these levels. See A.C.A. § 16-93-618, formerly codified at A.C.A. § 16-93-611.
Only defendants who have been found guilty of a "target" offense are eligible to be sentenced to a Community Correction Center. Sentences to a Community Correction Center 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 Community Correction Centers in lieu of penitentiary time in appropriate cases. Offenses designated as "target offenses" are defined in A.C.A. § 16-93-1202(10)(A).
Please Note: Target offense designations are made to be helpful, but are
The Sentencing 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.
For each felony level of DWI/BWI, a minimum incarceration sentence is required by statute. See A.C.A. § 5-65-111. Since neither probation nor SIS is allowable, no departure reason is required. See A.C.A. § 5-4-104(e).
If an ineligible offender is sentenced to the ADC from a grid cell that has CCC as a presumptive sentence, and the length of the ADC sentence is within the statutory parameters for sentences to CCC, the sentence will NOT be considered a departure for purposes of the Sentencing Guidelines. For example, a sentence of six (6) years in the ADC for Battery in the Second Degree, SL 4, CHS 0 is not a departure.
(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.
- + Target Offense * Possible Target Offense
- Note: Target designations are made to be helpful, but are
ADVISORY ONLY. Refer to A.C.A. §§
16-93-1201 et seq. for legal
definitions.
- # Serve 70% - See Acts 1326 of 1995, 570 of 2011, 132 of 2013 and
133 of 2013.
- ## Manufacturing or trafficking methamphetamine will serve 70%
- Offense dates refer to the effective date of the legislative
acts. If an offense has no date, the effective date is before the creation of
the sentencing guidelines on 1/1/1994.
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