ARKANSAS SENTENCING COMMISSION. Sentencing Standards Grid Offense Seriousness Rankings and Related Material

Transcription

1 ARKANS SENTENCING COMMISSION Sentencing Standards Grid Offense Seriousness Rankings and Related Material Arkansas Sentencing Commission 101 East Capitol, Suite 0 Little Rock, AR 01 (01) 8-001, Fax (01) December, 011

2 101 East Capitol Ave., Suite 0 Little Rock, AR 01 Tel: (01)8-001 Fax: (01) MISSION STATEMENT - The purpose of the Arkansas Sentencing Commission is to establish sentencing standards and to monitor and assess the impact of practices, policies, and existing laws on the correctional resources of the State. Commission Membership Judge Gordon Webb, Chair Name Classification Judicial Circuit Alvin Bradley Citizen Representative Twelfth Henry Boyce Prosecuting Attorney Third Robin Carroll Prosecuting Attorney Thirteenth Brent Davis Judge Second Vaughan Hankins Citizen Representative Sixth William Howard Public Defender Second Berlin Jones Judge Eleventh (West) Brent Standridge Public Defender Twenty-Second Gordon Webb Judge Fourteenth Advisory Members Senator Jim Luker Staff Sandy Moll Wanda Hayes Lindsay Williams Jessica Eli Summers Hazel Gibson Executive Director Assistant Director Legal Services Specialist Legal Support Specialist Administrative Specialist III

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4 Table of Contents I. Introduction to the Sentencing Standards 1 II. Arkansas Sentencing Standards Grid and Policy Statements III. Arkansas Sentencing Standards Grid by Level (1 through 10) IV. Offense Seriousness Ranking Table Statutory Order Alphabetical Order By Ranking Addendum V. Related Information and Questions 9 VI. Criminal History Worksheet and Instructions 9

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6 Introduction to Sentencing Standards The Arkansas Sentencing Standards, as defined in Acts and 0 of 199, 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 Act 0 of 011, entitled The Public Safety Improvement Act (Act 0), 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. The Grid may be found in Section II of this manual. It is applicable to offenses which occur on or after January 1, 199. 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.) , 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 (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 in Section III of this manual. 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 section of this manual. 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 18 of 00 removed the five percent (%) range above or below the presumptive sentence. The presumptive range listed on the individual grid pages of this manual is applicable to those offenses committed prior to July 1, 00 (the effective date for the Act). See 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 1

7 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 0, the court attached the written reasons to the judgment and forwarded them to the Commission. Effective January 1, 01, Act 0 mandates that the departure report be incorporated into the Sentencing Order. See A.C.A and Act 119 of 001, codified at A.C.A (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 0 OF 011: THE PUBLIC SAFETY IMPROVEMENT ACT Act 0 of 011 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 presentencing 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 0 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 0 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, 01. 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-bycounty 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 0 also mandated that the Commission conduct annual training on the sentencing guidelines. A schedule for the training will be posted as it becomes available. Please visit our website for a summary of Act 0. This summary is for informational purposes only and should not replace a thorough examination of the Act or the specific provisions that it modified. The website is located at:

8 SENTENCING STANDARDS CODE REFERENCES Identical Acts and 0 of 199 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 Statement of sentencing policy (a) Purposes of Sentencing (b) Purpose of Sentencing Standards (c) Appropriate Use of Sentencing Sanctions A.C.A The Arkansas Sentencing Commission (a) Purpose of Commission (b) Composition (c) Terms (d) Powers, duties, reports and training (e) Meetings and reports (f) Executive director (g) Staff and services A.C.A Voluntary presumptive standards (a) Applicability (b) Offense seriousness and Offender History (c) Effective date of guideline A.C.A 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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10 Arkansas Sentencing Standards Grid Effective Date - For Offenses Committed January 1, 199 and Thereafter Criminal History Score Offense Seriousness * * * ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED TO THE ARKANS DEPARTMENT OF CORRECTION. = Penitentiary Only, = Community Correction Center (See Community Correction Centers Policy Statement), = Alternative Sanctions = Transfer Eligibility Line - Eligibility on sentences above the line is 1/ of the sentence minus good time. Eligibility on sentences below the line is 1/ of the sentence minus good time. *Check applicability of Act 1 of 199 for release eligibility of crimes at these levels. See A.C.A , formerly codified at A.C.A See Acts 11 of 199, 10 of 00 and 0 of 011. See A.C.A , formerly codified at A.C.A See Acts 18 of 1999, 10 of 00 and 0 of 011. See A.C.A , formerly codified at A.C.A

11 Arkansas Sentencing Standards Grid POLICY STATEMENTS Community Correction 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. 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 (1 months) commitment to the Arkansas Department of Correction. No departure reason is required. Minimum Sentences 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. --10). 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. - Commitment to the Arkansas Department of Correction. DEFINITIONS 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, Community Correction Centers. - Alternative Sanctions - includes (1) probation, both supervised and unsupervised; () suspended imposition of sentence; () work on service programs coupled with or without (1) or () above; () local jail time up to the maximum authorized by law as a condition of (1) or () above; () Community Correction Programs as defined and provided by the Board of Corrections or by local courts as conditions of (1) or () above.

12 Arkansas Sentencing Standards Grid by Seriousness Level (with presumptive sentence ranges and relevant information) SERIOUSNESS LEVEL 10 Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Release per 0% Transfer Eligibility Minimum Time Served Prior to Transfer Eligibility* Presumptive Range (Prior to July 1, 00) = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED 0% Parole Eligibility (See A.C.A , formerly codified at A.C.A ) Y Murder I* -8-0 Y Causing a Catastrophe (Offense date July 1, 00 or Release Eligibility - seventy percent (0%) of time imposed with no credit for good time. * Eligibility for transfer under the one-half minus good time is only applicable to juveniles under the Extended Juvenile Jurisdiction Act at A.C.A et seq., or following a discretionary judicial finding that a minor charged as an adult was an accomplice. See A.C.A , formerly codified at A.C.A Other Level 10 Offenses (See Seriousness Reference Table for effective dates) --0 Y Terrorism --08 Y Exposing Public to Toxic Biological, Chemical Or Radioactive Substances Classification of Level 10 offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) Y 10-0 or Life 10-0 or Life 10-Life 0-80 or Life Life See A.C.A and --01.

13 SERIOUSNESS LEVEL 9 Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Release per 0% Transfer Eligibility Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED 0% Parole Eligibility (See A.C.A , formerly codified at A.C.A ) Y Rape -8-0 Y Causing a Catastrophe (Offense date prior to July 1, 00) Release Eligibility - seventy percent (0%) of time imposed with no credit for good time Other Level 9 Offenses (See Seriousness Reference Table for effective dates) Y Capital Murder - Attempt A Capital Murder - Conspiracy/Solicitation A Murder II Y Battery I, Victim Years of Age or Younger or Law Enforcement Officer on Duty Y Introduction of C/S into Body to Commit Sexual Offense Y Terroristic Act --0 Y Providing Material Support for a Terroristic Act --0 Y Continuing Criminal Enterprise --10 Y Discharge of a Firearm From Car (First Degree) Y Violent Group Activity, Enhanced Transfer Eligibility - one-half of time imposed minus good time of up to one-half, i.e. one fourth of time imposed if offender earns maximum good time. Classification of Level 9 offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) Y 10-0 or Life 10-0 or Life 10-Life 0-80 or Life Life A n/a 0-Life See A.C.A and

14 SERIOUSNESS LEVEL 8 Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Release per 0% Transfer Eligibility Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED % Parole Eligibility (See A.C.A , formerly codified at A.C.A ) * Y Kidnapping **--01 Y Manufacture of Methamphetamine *-1-10 Y Aggravated Robbery **--(a) Y Manufacture of Methamphetamine **--0(b)(1) Y Trafficking Methamphetamine * Release Eligibility - seventy percent (0%) of time imposed with no credit for good time. ** Release Eligibility - seventy percent (0%) with credit for good time. Common Level 8 Offenses (See Seriousness Reference Table for additional offenses and effective dates) B Battery I Y Terroristic Act --01 B Wife Battering I --0 B Domestic Battery I Y Arson (More than $100,000 Damage) --0(b) Y Trafficking a Controlled Substance, not Methamphetamine --10 Y Engaging in Continuing Gang, Org. or Enterprise (First Degree) --10 Y Simultaneous Possession of Drugs and Firearms Transfer Eligibility - one-half of time imposed minus good time of up to one-half, i.e. one fourth of time imposed if offender earns maximum good time. Classification of Level 8 offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) Y 10-0 or Life 10-0 or Life 10-Life 0-80 or Life Life A n/a 0-Life B or Life 0-0 See A.C.A and

15 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Release per 0% Transfer Eligibility Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED 8-1 0% Parole Eligibility (See A.C.A , formerly codified at A.C.A ) --01 Y Manufacture of Methamphetamine --(a) A Manufacture of Methamphetamine Release Eligibility - seventy percent (0%) of time imposed with credit for good time. Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) B Robbery Y Intro C/S into Body (Schedule I-II) -1-1 A Knowingly Exposing Another to HIV -1-1 A Sexual Assault, First Degree A Arson ($0,001 - $100,000 Damage) --19(b)()(vi) A Possession of Controlled Substance Schedule VI =>100 lbs <00 lbs --0(b)() A Possession of Methamphetamine or Cocaine w/purpose to Deliver =>10g<00g --0 B Failure to Keep Records-Drug Free Zone --10 A Engaging in Continuing Gang, Org. or Enterprise (First Degree) --10 Y Engaging in Continuing Gang Org. or Enterprise (Second Degree) --10 B Discharge of a Firearm From Car (Second Degree) Transfer Eligibility - one-half of time imposed minus good time of up to one-half, i.e. one fourth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) Y 10-0 or Life 10-0 or Life 10-Life 0-80 or Life Life A n/a 0-Life B or Life 0-0 See A.C.A and

16 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Release per 0% Transfer Eligibility Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED 0% Parole Eligibility (See A.C.A , formerly codified at A.C.A ) --0 B Use of Paraphernalia to Manufacture Methamphetamine --(a) C Manufacture of Methamphetamine 8- Release Eligibility - seventy percent (0%) of time imposed with credit for good time, including Community Correction Centers. Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) C Manslaughter B Kidnapping -1-1 B Sexual Assault, Second Degree --0 B Engaging Child in Sex Explicit (Subsequent Offense) --0 B Employ/Authorize Child <1 Sexual Performance -(Subsequent Offense) --0 B Produce/Direct Sexual Performance Child < B Abuse of Adults B Burglary - Residential --19(b)()(v) B Possession of Controlled Substance Schedule VI => lbs <100 lbs --10 B Engaging in Continuing Gang Organize or Enterprise (First Degree) --10 A Engaging in Continuing Gang Organize or Enterprise (Second Degree) Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) A n/a 0-Life B or Life 0-0 C n/a -0 See A.C.A and

17 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) --0 C Incest --0 C Computer Exploitation of a Child - First Degree --10 B Theft of Property --10 B Theft of Services --10 B Theft by Receiving --01 B Forgery I --0 B Hot Check/Personal Services (Over $00) B Arson (Less Than $0,000 Damage) C Burglary - Commercial --10 B Hindering Apprehension or Prosecution --10 C Failure to Appear --19(b)(1)(C) B Possession of Controlled Substance Schedule I or II Methamphetamine or Cocaine =>10 g <00 g --19(b)()(iv) C Possession of Controlled Substance Schedule VI =>10 lbs < lbs --(b)() B Possession of Schedule VI Controlled Substance with Purpose to Deliver => lbs <100 lbs --8(b)() B Delivery of Schedule VI Controlled Substance => lbs <100 lbs --9(b)() B Manufacture of Schedule VI Controlled Substance => lbs <100 lbs Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) B or Life 0-0 C n/a -0 See A.C.A and

18 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) C Negligent Homicide D Negligent Homicide C False Imprisonment I -1-0 D Battery II -1-1 C Sexual Assault, Third Degree --10 C Perjury C Escape I C Possession of Controlled Substance Schedule I/II C Manufacture/Delivery/Possession Marijuana >10 lbs <100 lbs --11 U DWI [See statute for penalty range by judicial transfer only] --(b)() C Possession of Schedule VI Controlled Substance with Purpose to Deliver => oz. < lbs. --8(b)() C Delivery of Schedule VI Controlled Substance => oz. < lbs. Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) C n/a -0 D n/a 0-0 See A.C.A and

19 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility 10 Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED - Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) -1-0 D Aggravated Assault --01 D Non-Support --10 C Theft of Property --10 C Theft of Services --10 C Theft by Receiving --11 C Theft of Leased/Rented Property --01 C Forgery II --0 C Fraudulent Use of a Credit Card --0 C Hot Check/Personal Services ($00 - $00) -8-0 C Criminal Mischief I -9-0 D Breaking or Entering --19(b)()(ii) D Possession of Controlled Substance Schedule VI => 1 oz. < oz.; two previous convictions --19(b)()(iii) D Possession of Controlled Substance Schedule VI => oz. < 10 lbs U DWI [See statute for penalty range by judicial transfer only] C Sex Offender Failing to Register Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) C n/a -0 D n/a 0-0 See A.C.A and

20 SERIOUSNESS LEVEL Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence 18 Minimum Time Served Prior to Transfer Eligibility Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Common Level Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) D Terroristic Threatening I -8-0 D Criminal Mischief II -1-0 D Computer Password Disclosure D Escape II --1 D Filing False Report of Crime --01(b) & (c) D Lottery Fraud --10 D Possession Firearm by Certain Persons D Failure to Stop After Accident With Injury or Death Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) D n/a 0-0 See A.C.A and

21 SERIOUSNESS LEVEL 1 Effective date January 1, 199 Criminal History Score 0 1 Presumptive Sentence 9 0 Minimum Time Served Prior to Transfer Eligibility 1.0 Presumptive Range (Prior to July 1, 00) = Alternative Sanctions, = Community Corrections Center, = Facility Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Common Level 1 Offenses (See Seriousness Reference Table for additional offenses and effective dates. Target Offenses are underlined. See policy statement on Community Correction Centers.) --0 D Defrauding Secured Creditors --11 D Defrauding Judgment Creditors -- D Defrauding Material Man >$ D Computer Fraud --10 D Illegal Use of Food Coupons --10 D Illegal Presentation of Food Coupons --10 D Keeping a Gambling House -1-0 U False Evidence Title Registration --10 D Duty to Give Information or Render Aid Transfer Eligibility - one-third of time imposed minus good time of up to one-half, i.e. one sixth of time imposed if offender earns maximum good time. Classification of Level 1 offenses and statutory ranges (shown in years): Class Normal Range Habitual (a) Habitual (b) Habitual (c) Habitual (d) D n/a 0-0 See A.C.A and

22 Target Offense * Possible Target Offense Offense Seriousness Ranking Table for all Criminal Offenses (In Statutory Numerical Order) Note: Target designations are made to be helpful -- refer to Acts 1 of 199 and of 199 for legal definitions. # Serve 0% - See Act 1 of 199. ## Manufacturing methamphetamine will serve 0%. See Acts 11 of 199 and 18 of Offense dates refer to the effective date of the legislative acts. Statute # Class Name of Crime Ranking -1-0 D Violation of Grain Warehouse D Furnishing Alcoholic Beverage to Minor (Second Offense W/I years) (Offense date - 8/1/00 and --0 D Sale of Alcoholic Beverage to Minor --0 C Sale of Alcoholic Beverage to Minor (New, Second Offense W/I years) --19 D Social Hosts - Criminal Liability (Third or Subq. Ofense) (Offense date - /1/009 and --0 D Illicit Still D Sale or Furnishing Place for Sale in Dry Territory (Offense date - /0/00 and D Alcoholic Beverage Sale/Possession Trade in Dry County (Offense date - 8/1/00 and U Alcoholic Beverage Sale/Possession Trade in Dry County (Offense date - Prior to 8/1/00) C Unlawful Acts Relating to Secured Interests on Farm Products (Offense date - /0/00 and D Issuance of Bill for Goods Not Received (Offense date - /0/00 and U Odometer Fraud (Offense date - /8/199 and Y Capital Murder - Attempt to Commit (Offense date - 8/1/00 and A Capital Murder- Attempt/Conspiracy/Solicitation (Attempt to Commit Offense date - Prior to 8/1/00) 9 # Y Murder I A Murder II (Offense date - 8/1/00 and B Murder II (Offense date - Prior to 8/1/00) C Manslaughter B Negligent Homicide (Offense date - /1/009 and C Negligent Homicide (Offfense date - /0/1999 and D Negligent Homicide (Offense date - Prior to /0/1999) C Physician-assisted suicide (Offense date - /0/1999 and # Y Kidnapping B Kidnapping C False Imprisonment I B Aircraft Piracy C Vehicular Piracy B Permanent Detention D Permanent Detention A Human Trafficking (Offense date - 8/1/00 and B Robbery # Y Aggravated Robbery Y Battery I, Victim Years of Age or Younger (Offense date - /1/00 and Y Battery I, Victim Law Enforcement in Line of Duty (Offense date - /1/00 and B Battery I 8 1

23 -1-0 D Battery II -1-0(a)() D Battery II (Offense date - //011 and -1-0 D Aggravated Assault Y Intro C/S into Body (Schedule I-II) Y Intro C/S into Body to Commit Sexual Offense (Offense date - /0/1999 and B Intro C/S into Body (Schedule I-III) C Intro C/S into Body (Schedule IV-V) D Aggravated Assault of Corrections Officer (Offense date - 8/1/199 - //011) (a) & (b) D Aggravated Assault upon a Certified Law Enforcement Officer or Employee of a Correctional Facility (Offense Date - //011 and D Terroristic Threatening I Y Terrorist Act (Offense date - Prior to 8/1/00) Y Terroristic Act (Offense date - 8/1/00 and B Terroristic Act # Y Rape A Carnal Abuse I (Offense date - on or after /8/199 and prior to 8/1/ 001) B Carnal Abuse I (Offense date - Prior to /8/199) C Carnal Abuse II (Offense date - /8/199-8/1/001) D Carnal Abuse II (Offense date - Prior to /8/199) D Carnal Abuse III (Offense date - On or after /8/199 and prior to 8/1/001) C Sexual Abuse I (Offense date - Prior to 8/1/001) D Sexual Indecency with a Child (Offense date - 8/1/00 and D Sexual Indecency with a Child (Offense date 8/1/001-8/11/00) D Sexual Solicitation of a Child (Offense date - 8/8/199-8/11/00) C Indecent Exposure (Sixth and Subq. Offense) (Offense date - 1/0/00 and D Indecent Exposure (Fourth and Fifth Offense) (Offense date - 1/0/00 and D Indecent Exposure (Second and Subq.Offense) (Offense date - 8/1/001-8/11/00) D Indecent Exposure to Age 1 and Under (Offense date - 8/1/199 and C Violation of a Minor I (Offense date - Prior to 8/1/001) D Violation of a Minor II (Offense date - Prior to 8/1/001) -1-1 A Knowingly Exposing Another to HIV (Offense date - 8/1/001 and -1-1 A Knowingly Exposing Another to HIV (Offense date - Prior to 8/1/001) -1-1 A Sexual Assault, First Degree (Offense date - 8/1/001 and -1-1 B Sexual Assault, Second Degree (Offense date - August 1, 001 and -1-1 (a)() & (b)(1) B Sexual Assault, Second Degree (Offense date - //011 and -1-1 D Sexual Assault, Second Degree (Offense date - /1/00 and -1-1 C Sexual Assault, Third Degree (Offense date - 8/1/001 and -1-1 D Sexual Assault, Fourth Degree (Offense date - /1/00 and D Registered Sex Offender Residing W/I 000' of Certain Facilities (Offense date - /1/00 and D Registered Sex Offender Working with Children (Offense date - 8/1/00 and (a)() D Registered Sex Offender Working with Children as Self-employed or Independent Contractor (Offense date - //011 and D Registered Sex Offender Providing Incorrect Address on Identification Card or Driver's License (Offense date - /0/00 and D Registered Sex Offender Living Near Victim (Offense date - /1/00 and -1-1 D Registered Sex Offender Prohibited from Entering School Campus (Offense date - /1/00 and 18

24 -1-1 Registered Sex Offender Prohibited from Entering Water Park (Offense date - /0/011 D (b)&(c) and U Slander-Adultery/Fornication (Repealed - 8/1/00) U Slander-False Swearing (Repealed - 8/1/00) U Slander-Proclaiming One as a Coward (Repealed - 8/1/00) U Slander (Repealed - 8/1/00) 1 * D Video Voyeurism (Offense date - /0/1999 and D Voyeurism (Offense date - 8/1/00 and D Death Threat Concerning School Employee or Student (Offense date - 8/1/001 and --0 A Incest when victim <1 (Offense date - 8/1/199 and --0 C Incest --0 D Concealing Birth (Offense date - 8/1/001 and -- 0(b)&(c)(1) B Defrauding a Prospective Adoptive Parent (Offense date - //011 and --0 (b) & (c)() C Defrauding a Prospective Adoptive Parent (Offense date - //011 and --01 B Wife Battering I (Offense date - Prior to /8/199) D Wife Battering II (Offense date - Prior to /8/199) --0 A Domestic Battering I (Subq. Offense )(Offense date - /0/1999 and (Or to a Pregnant Woman - Offense date - /1/00 and B Domestic Battering I (Offense date - /8/199 and B Domestic Battering II (Subq. Offense)(Offense date - /0/1999 and (Or to a Pregnant Woman - Offense date - /1/00 and --0 C Domestic Battering II (Offense date /0/1999 and --0 D Aggravated Assault on Wife I (Offense date - Prior to /8/199) --0 D Domestic Battering II (Offense date - /8/199 and --0 D Domestic Battering III (Second Offense)(Offense date - /8/199 and --0 D Domestic Battering III (Subq. Offense)(Offense date - /0/1999 and (Or to a Pregnant Woman - Offense date - /1/00 and --0 D Aggravated Assault on Family/Household Member (Offense date - /8/199 and --01 B Non-Support if owe >$,000 (Offense date - 8/1/199 and --01 C Non-Support if owe >$10,000 but <$,000 (Offense date - /0/1999 and --01 D Non-Support if owe > $,00, if at least four months of support (Offense date - /0/1999 and --01 D Non-Support (Offense date - Prior to /0/1999) --01 D Interference with Visitation --0 C Interference with Custody (Offense date - /8/199 and --0 D Interference with Custody (Offense date - Prior to /8/199) --0 D Interference with Court Ordered Custody (Offense date - /8/199 and --0 C Interference with Custody (Offense date - /1/00 - //011) --0(a) & (b) C Interference with Custody (Offense date - //011 and --01 D Endangering Welfare of Incompetent I --0 D Endangering Welfare of a Minor I --1 B Permitting Child Abuse (Offense date - 8/1/001 and --1 C Permitting Child Abuse --1 D Permitting Child Abuse (Offense date - 8/1/001 and --9 D Soliciting Money/Property from Incompetent --0 B Exposure of Child to Chemical Substance or Meth, Ingest, Inhale with Injury (Offense date - /1/00 and 19

25 --0 C Exposure of Child to Chemical Substance or Meth, Ingest, Inhale, Have Contact with (Offense date - /1/00 and --0 C Engaging Child in Sex Explicit (First Offense) (Offense date - Prior to /1/00) --0 B Engaging Child in Sex Explicit (First Offense) (Offense date - /1/00 and --0 B Engaging Child in Sex Explicit - (Subq. Offense) (Offense date - Prior to /1/00) --0 A Engaging Child in Sex Explicit - (Subq. Offense) (Offense date - /1/00 and C Transportation/Distribution of Material Depicting Child (First Offense) --0 B Transportation/Distribution of Material Depicting Child (Subq. Offense) --0 A Transportation of a Minor for Prohibited Conduct (Offene date - /1/00 and --0 C Transportation of a Minor for Prohibited Conduct (Offense date - Prior to /1/00) --0 A Internet Stalking (Offense date - 8//00 and A Internet Stalking (Offense date - 8/1/00-8//00) --0 B Internet Stalking (Offense date - 1/0/00 and --0 C Internet Stalking (Offense date - 8/1/00 and Prior to 1/0/00) --0 C Employ/Authorize Child <1 Sexual Performance (First Offense) --0 B Employ/Authorize Child <1 Sexual Performance (Subq. Offense) --0 B Produce/Direct Sexual Performance Child <1 --0 B Fraud ID Unlawful to Manufacture (Second Offense) --0 C Fraud ID Unlawful to Manufacture (First Offense) --0 B Distributing, Possessing or Viewing Matter Depict Conduct Involve Child, (Second or Subq. Offense) (Offense date - 8/1/001 and --0 C Distributing, Possessing or Viewing Matter Depict Conduct Involve Child (Offense date - 8/1/001 and --0 B Computer Child Pornography (Offense date - 8/1/001 and --0 B Computer Exploitation of a Child - First Degree (Second and Subq. Offense)(Offense date - 8/1/001 - /1/00) --0 A Computer Exploitation of a Child - First Degree (Second and Subq. Offense)(Offense date - /1/00 and --0 C Computer Exploitation of a Child - First Degree (First Offense)(Offense date - 8/1/001 - /1/00) --0 B Computer Exploitation of a Child - First Degree (First Offense)(Offense date - /1/00 and --0 D Computer Exploitation of a Child - Second Degree (Offense date - 8/1/001 - /1/00) --0 C Computer Exploitation of a Child - Second Degree (Offense date - /1/00 and B Abuse of Adults (Offense date - 8/1/00 and B Abuse of Adults (Offense date - Prior to 8/1/00) C Abuse of Adults D Abuse of Adults -8-1 D Making False Notification of Adult Abuse (Second Offense)(Offense date - /0/1999 and --10 B Theft of Property (Offense date - Prior to //011) --10 (b)(1)(a) B Theft of Property Value => $,000 (Offense date - //011 and --10 B Theft of Anhydrous Ammonia (Offense date - 8/1/00 and --10 B Theft of Building Materials Value => $00 (Offense date - /1/00 - //011) --10 B Theft of Property Under a State of Emergency and Property =>$00 (Offense date - /1/009 - //011) 8 0

26 --10 (b)(1)g)(i) B Theft of Utlity Property and Value is =>$00 (Offense date - //011 and --10 C Theft of Property (Offense date - Prior to /8/199) --10 C Theft of Property >$00 (Offense date - July 8, //011) --10(b)()(A) C Theft of Property >$,000 <$,000 (Offense date - //011 and --10(b)()(C) C Theft of Property - Firearm Value => $,00 (Offense date - //011 and --10(b)()(D) C Theft of Building Materials Value => $00 (Offense date - /1/011 and --10(b)()(E) C Theft of Property Under a State of Emergency and Property =>$00 (Offense date - //011 and --10 C Theft of Property Under a State of Emergency and Property =>$100 but <$00 (Offense date - /1/009 - //011) --10 D Theft of Property (Offense date - Prior to //011) --10(b)()(A) D Theft of Property Value >$1,000 but =< $,000) (Offense date - //011 and --10(b)()(B) D Theft of Property - Firearm Value < $,00 (Offense date - //011 and --10(b)()(C) D Theft of Property - Credit/Debit Card or Account Number (Offense date - // 011 and --10(b)()(D) D Theft of Property Under State of Emergency and Property =>$100 < $00 (Offense date - //011 and --10(b)()E) D Theft of Property - Livestock Value >$00 (Offense date - //011 and --10 D Theft of Property During a Period of Emergency (Offense date - 8/1/001 - //011) --10 D Theft of Property During a Criminal Episode (Offense date - 8/1/001 - //011) --10 B Theft of Services (Offense date - Prior to //011) --10(c)(1)(A) B Theft of Services Value => $,000 (Offense date - //011 and --10 C Theft of Services (Offense date - Prior to //011) --10(c)()(A) C Theft of Services Value > $,000 < $,000 (Offense date - //011 and --10(c)() D Theft of Services Value > $1,000 < $,000 (Offense date - //011 and --10 D Theft of Property Lost/Mislaid/Delivered by Mistake --10 B Theft by Receiving (Offense date - Prior to //011) --10(e)(1) B Theft by Receiving Value => $,000 (Offense date - //011 and --10 C Theft by Receiving (Offense date - Prior to //011) --10(e)() C Theft by Receiving Value > $,000 < $,000 (Offense date - //011 and --10(e)()(A) D Theft by Receiving Value > $1,000 <= $,000 (Offense date - //011 and --10(e)()(B) D Theft by Receiving - Credit/Debit Card or Account Number (Offense date - //011 and --11 B Theft of Leased/Rented Property (Offense date - Prior to //011) --11 B Theft of Leased/Rented Property Value => $,000 (Offense date - //011 and --11 C Theft of Leased/Rented Property (Offense date - Prior to //011) --11 C Theft of Leased/Rented Property Value > $,000 < $,000 (Offense date - //011 and --11 D Theft of Leased/Rented Property (Offense date - Prior to //011) --11 D Theft of Leased/Rented Property Value >$1,000 <= $,000 (Offense date - //011 and --1 B Theft of Scrap Metal > $,00 (Offense date - /1/00 - //011) --1 B Theft of Scrap Metal => $,000 (Offense date - /1/011 and --1 C Theft of Scrap Metal > $00 < $,00 (Offense date - /1/00 - //011) --1 C Theft of Scrap Metal Value => $,000 < $,000 (Offense date //011 and --1 D Theft of Scrap Metal < $00 (Offense date - /1/00 - //011) --1 D Theft of Scrap Metal > $1,000 <= $,000 (Offense date - //011 and 1

27 --1 (b) & (c)(1)(a) D Theft by Receiving of Scrap Metal (Offense date - //011 and --1 Theft by Receiving of Scrap Metal (Second or Subq. Offense) (Offense date - //011 D (b) & (c)() and --0 B Theft of Public Benefits >$, C Theft of Public Benefits >$00 <$, B Theft - Wireless Services (Offense date - 8/1/199 - //011) --0 C Theft - Wireless Services (Offense date - 8/1/199 - //011) --0(b)()(A) D Theft - Wireless Services Aggregate Value > $1,000 <=$,000 (Offense date - //011 and --0(b)()(B) D --0(b)()(A) C --0(b)()(B) C --0(b)()(C) C --0(b)() B Theft - Wireless Services Communicate Threats or Injury by Bombing, Fire, Etc. (Offense date - //011 and Theft - Wireless Services Aggregate Value > $,000 < $,000 (Offense date - //011 and Theft - Wireless Services (Second or Subq. Offense) (Offense date - //011 and Theft - Wireless Services - Previous Conviction of Any Similar Crime in this or Any Other State or Federal Jurisdiction (Offense date - //011 and Theft - Wireless Services Aggregate Value => $,000 (Offense date - //011 and --0 C Theft - Wireless Services Communicate Threats or Injury by Bombing, Fire, Etc. (Offense date - /1/00 - //011) --0 B Theft - Wireless Services, facilitating (Offense date - 8/1/199 and --0 C Theft - Wireless Services, facilitating (Offense date - 8/1/199 and --01 D Unlawful Use of Theft Detection Shield Device (Offense date - 8/1/001 and --0 D Unlawful Possession of Theft Detection Shield Device (Offense date - 8/1/001 and --0 D Unlawful Possession of Theft Detection Device Remover (Offense date - 8/1/001 and --0 D Unlawful Removal of Theft Detection Device (Offense date - 8/1/001 and --01 B Forgery I --01 C Forgery II --0 D Defrauding Secured Creditors D Fraud in Insolvency C Fraudulent Use of a Credit Card (Offense date - Prior to //011) --0(b)(1) B Fraudulent Use of Credit Card or Debit Card =>$,000 in Six-month Period (Offense date - //011 and --0(b)() C Fraudulent Use of Credit Card or Debit Card > $,000 < $,000 in Six-month Period (Offense date - //011 and --0(b)() D Fraudulent Use of Credit Card or Debit Card > $1,000 <= $,000 in Six-month Period (Offense date - //011 and --08 D Criminal Impersonation I (Offense date - 8/1/199 and --09 C Possession of Forgery Device --10 D Obtaining Signature by Deception D Defrauding Judgment Creditors C Using Slugs - Over $ D Criminal Simulation D Fraudulently Filing a Uniform Commercial Code Financial Statement (Subq. Offense) (Offense date - /1/009 and 1 -- (a) & (b)(1)(b) D Filing Instruments Affecting Title or Interest in Real Property (Second or Subq. Offense) (Offense date - //011 and

28 -- (a) & (b)() C Filing Instruments Affecting Title or Interest in Real Property - Official Duties (Offense date - //011 and -- B Financial Identity Fraud if Victim is Elderly or Disabled (Offense date - /1/00 and -- C Financial Identity Fraud (Offense date - 8/1/00 and -- D Financial Identity Fraud (Offense date - /0/1999-8/11/00) -- C Nonfinancial Identity Fraud if Victim is Elderly or Disabled (Offense date - /1/00 and -- D Nonfinancial Identity Fraud (Offense date - /1/00 and --0 B Hot Check/Personal Services(> $,00) (Offense date - Prior to //011) --0 C Hot Check/Personal Services(>$00-<$,00) (Offense date - Prior to //011) --0(b)(1)(A) B Arkansas Hot Check Law Penalties - Value Any One Instrument => $,000 (Offense date - //001 and --0(b)(1)(B) B Arkansas Hot Check Law Penalties - One or More Instrument W/I Ninety Days, each < $,000 and Total => $,000 (Offense date - //011 and --0(b)()(A) C Arkansas Hot Check Law Penalties - Value Any One Instrument >$,000 < $,000 (Offense date - //011 and --0(b)()(B) C Arkansas Hot Check Law Penalties - One or More Instrument W/I Ninety Days, each >$,000 < $,000 and Total >$,000 < $,000 (Offense date - / /011 and --0(b)()(A) D Arkansas Hot Check Law Penalties - Value Any One Instrument >$1,000 <= $,000 (Offense date - //011 and Arkansas Hot Check Law Penalties - One or More Instrument W/I Ninety Days, each > --0 D $1,000 <= $,000 and Total > $1,000 <= $,000 (Offense date - //011 and (b)()(b) --0 D Manu/sale of De-scrambling Devices (Offense date - 8/1/199 and --0 B Marking/Altering Brand of Animal --0 C Marking/Altering Brand of Animal --0 D Marking/Altering Brand of Animal U False Registration - Pedigree Animal (Offense date - Prior to 8/1/00) (e)() D Unauthorized Copying or Sale of Recordings (Offense date - //011 and 1 -- D Fraud in Acquire/Auth to Provide MV Trans 1 -- D Defrauding Material Man >$, D Threatening to Cause a Catastrophe # -8-0 Y Causing a Catastrophe (Offense date - Prior to /1/00) 9 # -8-0 Y Causing a Catastrophe (Offense date - /1/00 and C Criminal Mischief I (Offense date - Prior to //011) -8-0(b)() D Criminal Mischief I - Damage > $1,000 <= $,000 (Offense date - //011 and -8-0(b)() C Criminal Mischief I - Damage > $,000 < $,000 (Offense date - //011 and -8-0(b)() B Criminal Mischief I - Damage => $,000 (Offense date - //011 and -8-0 D Criminal Mischief II (Offense date - Prior to //011) -8-0(b)() D Criminal Mischief II - Damage => $,000 (Offense date - //011 and * -8-0 C Impairing Operation of Vital Public Facility * -8-0 D Damaging Wires and Other Fixture of Telephone, Cable and Electric Power Companies (Offense date - /1/009 and Y Arson (> $100,000 Damage) (Offense date - Prior to 8/1/199) A Arson (>$0,001 < $100,000 Damage) (Offense date - Prior to 8/1/199) B Arson (< $0,000 Damage) (Offense date - Prior to 8/1/199) Y Arson (>$100,000 Damage) (Offense date - 8/1/199 and A Arson (>$1,000 < $100,000 Damage) (Offense date - 8/1/199 and

29 -8-01 B Arson (>$,000 < $1,000 Damage) (Offense date - 8/1/199 and * C Arson ($,00 < $,000 Damage) (Offense date - 8/1/199 and * D Arson ($00 < $,00 Damage) (Offense date - 8/1/199 and * -8-0 D Reckless Burning * C Setting Fire with Intent to Let Escape (Offense date - 8/1/00 and * U Setting Fire with Intent to Let Escape (Offense date - Prior to 8/1/00) * B Burglary - Residential C Burglary - Commercial -9-0 D Breaking or Entering -9-0 Y Aggravated Residential Burglary (Offense date - /1/00 and D Mining in a Cemetery (Offense date - 8/1/00 and U Mining in a Cemetery (Offense date - Prior to 8/1/00) C Destroying or Taking Cemetery Marker (Offense date - /1/00 and D Destroying or Taking Cemetery Marker (Offense date - 8/1/199 - /1/00) D Computer Fraud D Computer Trespass (>$,00 Damage) C Unlawful Acts Regarding Computers - Damage > $00 (Offense date - 8/1/001 and -1-0 C Unlawful Interference with Access to Computers (Offense date - 8/1/001 and -1-0 D Unlawful Use of Encryption (Offense date - 8/1/001 and -1-0 D Unlawful Acts Involving Electronic Mail (Offense date - 8/1/001 and -1-0 D Computer Password Disclosure (Offense date - 8/1/001 and --0 C Criminal Use/Laundering Proceeds A Treason * -1-0 C Subversive Activities (Offense date - 8/1/00 and * -1-0 U Subversive Activities (Offense date - Prior to 8/1/00) -1-0 D Usurping Office -1-0 B Usurping Government -1-0 D Intentional Injury to Interfere with Government Property (Offense date - 8/1/00 and -1-0 U Intentional Injury to Interfere with Government Property (Offense date - Prior to 8/1/00) -1-0 D Intentional Defective Workmanship (Offense date - 8/1/00 and -1-0 U Intentional Defective Workmanship (Offense date - Prior to 8/1/00) -1-0 U Communist Party Organization (Repealed - //00) D Failure to Register Communist Party Member/Organization - Overthrow Govt (Repealed - //00) (a) & (c) D Abuse of Public Trust (Offense date - //011 and --10 D Public Servant Bribery (Repealed - 8/1/00) --10 C Perjury C Witness Bribery * C Intimidating a Witness D Tampering with Physical Evidence * --11 D Retaliation against Certain Informants (Offense date - 8/1/199 and --11 D Juror Bribery * --11 C Intimidating a Juror --11 D Jury Tampering --1 D Approaching Jury Commissioner * --1 D Violation of an Order of Protection (Offense date - /10/009 and --0 B Threatening a Judicial Official or Juror (Offense date - /1/00 and --0 C Threatening a Judicial Official or Juror (Offense date - /1/00 and