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Sentencing Standards
Identical Acts 532 and 550 of 1993 created the Arkansas Sentencing Commission and authorized the creation of the Sentencing Standards Grid and Seriousness Rankings. These acts are codified as follows:
16-90-801 Statement of sentencing policy
(a) Purposes of Sentencing
(b) Purpose of Sentencing Standards
(c) Appropriate Use of Sentencing Sanctions
16-90-802 The Arkansas Sentencing Commission
(a) Purpose of Commission
(b) Composition
(c) Terms
(d) Powers and duties
(e) Meetings and reports
(f) Executive director
(g) Staff and services
16-90-803 Voluntary presumptive standards
(a) Applicability
(b) Offense seriousness and Offender History
16-90-804 Departures from the standards
(a)
Deviation authority
(b) Procedures and authority
(c) Departure reasons
(d) Non-applicability to jury trials
(e) Effective date of guidelines
ARKANSAS
SENTENCING STANDARDS GRID
POLICY STATEMENTS
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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 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 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 Corrections.
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 punishment centers.
AS - Alternative Sanctions - includes (1) probation,
both supervised and unsupervised; (2) suspended imposition
of sentence; (3) work on service programs coupled with
(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 Correctional programs as defined and provided
by the Board of Corrections and Community Punishment
or by local courts as conditions of (1) or (2) above.
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