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INTRODUCTION TO SENTENCING STANDARDS
The Arkansas Sentencing Standards, as defined in Acts 532 and 550 of 1993, serve the purpose of equity in sentencing. They provide similar sentences for similar offenders with similar criminal histories. This allows for proportionality in sentencing by creating a balanced correctional system with a continuum of sanctions that reserves the most serious sanctions for the most serious offenders. See A.C.A. § 16-90-801.
Act 570 of 2011, entitled "The Public Safety Improvement Act" (Act 570), further emphasizes the use of graduated sanctions by assessing the risk and needs of offenders at both pre-sentencing and post-sentencing community supervision. The assessments are to be used to promote the continuum of sanctions in all phases of the sentencing process, including the original sentencing decision, probation, parole supervision, and revocation.
HOW THE STANDARDS WORK
The sentencing standards structure adopted in Arkansas is a voluntary procedure for use by those directly involved in sentencing, such as judges, prosecutors and defense attorneys. The Arkansas Sentencing Standards Grid (the Grid) has been adopted by the Arkansas Sentencing Commission (the Commission) pursuant to legislative authority and the Administrative Procedures Act. It is applicable to offenses which occur on or after January 1, 1994. A presumptive sentence for a typical case is determined on a grid with two dimensions: offense seriousness and offender history.
Offense seriousness is determined by reference to a table adopted by the Commission which lists all felony offenses in one of ten levels of seriousness (See Section IV). Offender history is determined by reference to the statute, Arkansas Code Annotated (A.C.A.) §16-90-803, which allocates points for different levels of felonies, misdemeanors, certain juvenile adjudications and custody status at the time that an offense was committed.
A.C.A. § 16-90-803(b)(1)(C) states that "the most frequently occurring offenses within each seriousness level are listed on the vertical axis of the sentencing standards grid." For further explanation of the seriousness levels, individual grid pages representing each seriousness level of the Grid have been included on this website. Each page contains a list of the most frequently occurring offenses within that particular seriousness level. Please note that this list does not always represent a complete list of offenses for that seriousness level, only the most frequently occurring offenses. A complete list of offenses, with their applicable effective dates, may be found in the Seriousness Rankings. Each page also contains a grid with the presumptive sentence, minimum time to be served prior to transfer eligibility, and the presumptive range. The statutory range for classifications of offenses occurring with each seriousness level is also included on the individual grid pages.
Please note that Act 186 of 2005 removed the five percent (5%) range above or below the presumptive sentence. The presumptive range listed on the individual grid pages is applicable to those offenses committed prior to July 1, 2005 (the effective date for the Act). See § 16-90-803 – 804.
Determining the presumptive sentence for a particular offense is a starting point for the sentencing process. The presumptive sentence is not intended to be the sentence in a particular case unless, in the judgment of the prosecutor and the defense attorney and/or the judge, the offense represents a typical case based upon their experience and knowledge. If the case is atypical, the procedure is defined for departing from the presumption. The full statutory range of punishment is available for all cases.
When there is a departure from the presumptive sentence, written reasons must be provided by the parties to the court. Departure criteria and procedures are determined by statute. Prior to passage of Act 570, the court attached the written reasons to the judgment and forwarded them to the Commission. Effective January 1, 2012, Act 570 mandates that the departure report be incorporated into the Sentencing Order. See A.C.A. §§ 16-90-802 and 16-90-804.
Act 1179 of 2001, codified at A.C.A. § 16-90-803 (a)(1)(B), clarifies that sentencing guidelines do not apply to probation revocation proceedings. Thus, written departure reasons are not required in revocation proceedings.
ACT 570 OF 2011: THE PUBLIC SAFETY IMPROVEMENT ACT
Act 570 of 2011 established The Public Safety Improvement Act. Its intent is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs. As stated above, these measures include using evidenced-based risk/needs assessments of offenders at both pre-sentencing and post-sentencing community supervision. These measures are designed to make better use of alternative sanctions as opposed to the use of costly prison beds. Act 570 has made various changes, including, but not limited to, the following: felony threshold amounts for theft offenses were modified; the controlled substances offenses were rewritten; changes were made to Parole Board procedures; and changes were also made to community supervision procedures for the Department of Community Correction.
Act 570 also mandated that the Commission collaborate with the Administrative Office of the Courts to develop an integrated sentencing commitment and departure form. This form shall include information concerning demographic information on both the offender and the victim, the placement decision, sentence length, any departure from the sentencing guidelines on placement and sentence length, the number of months above or below the presumptive sentence, and justification for the departure. The courts shall begin using this form on January 1, 2012.
The Commission was also mandated to produce an annual report regarding compliance with sentencing guidelines, including the application of voluntary presumptive standards and departure from the standards. The data is to be collected on a county-by-county basis and shall include the following: both county-by-county and statewide reporting of sentences to the Department of Correction and the Department of Community Correction; the average sentence length for sentence by offense type and severity level according to the sentencing guidelines; the percentage of sentences that are a departure from the sentencing guidelines; and the average number of months above or below the recommended sentence for those departures.
Act 570 also mandated that the Commission conduct annual training on the sentencing guidelines. A schedule for the training will be posted as it becomes available.
A summary of Act 570 is available from this website. This summary is for informational purposes only and should not replace a thorough examination of the Act or the specific provisions that it modified. |
