SENTENCING STANDARDS CODE REFERENCES
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:
A.C.A. § 16-90-801 Statement of sentencing policy
(a) Purposes of Sentencing
(b) Purpose of Sentencing Standards
(c) Appropriate Use of Sentencing Sanctions
A.C.A. § 16-90-802 The Arkansas Sentencing Commission
(a) Purpose of Commission
(d) Powers, duties, reports and training
(e) Meetings and reports
(f) Executive director
(g) Staff and services
A.C.A. § 16-90-803 Voluntary presumptive standards
(b) Offense seriousness and Offender History
(c) Effective date of guideline
A.C.A. § 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
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Community Corrections Centers
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 ADVISORY ONLY. Please refer to A.C.A. §§ 16-93-1201 et seq. for legal definitions.
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 level of DWI/BWI, if an offender is sentenced to the Arkansas Department of Correction, a minimum incarceration sentence is required by statute. See A.C.A. § 5-65-111. Current law provides community service as the only alternative sanction available for DWI/BWI. Since neither probation nor SIS is allowable, no departure reason is required. See A.C.A. § 5-4-104(e).
ADC - Commitment to the Arkansas Department of Correction.
CCC – Community Correction Center - 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, and Community Correction Centers.
AS Alternative Sanctions – includes:
- probation, both supervised and unsupervised;
- suspended imposition of sentence;
- work on service programs coupled with or without (1) or (2) above;
- local jail time up to the maximum authorized by law as a condition of (1) or (2) above;
- Community Correction Programs as defined and provided by the Board of Corrections or by local courts as conditions of (1) or (2) above.
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