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 that target offense designations are ADVISORY ONLY.
The Sentencing Commission recognizes that the presumptive sentence range 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.
Offenses/Offenders Statutorily Ineligible for CCC
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 (6) years in the ADC for Battery in the Second Degree, SL 4, CHS 0 is not a departure.
Seriousness Reference Tables
Addendum to Seriousness Reference Table
Criminal history score based upon prior felony criminal convictions is to be determined by reference to the seriousness level rankings of prior offenses. Levels 1-5 are weighted at one-half point each and Levels 6-10 are weighted at one point each.
Criminal History: Out of State Convictions
For the purpose of defining criminal history scores, prior felony convictions from other state jurisdictions are ranked at the level of the most comparable offense in this state. The determination of which Arkansas offense is comparable is in the sound discretion of the court.
Criminal History: Redefined Offenses
If an offense has been redefined by the Arkansas General Assembly, a prior felony conviction is weighted in the same manner as an out-of-state conviction with consideration of any new or removed elements. For example, the prior definition of burglary in Arkansas did not speicfy the element of an occupiable structure. Therefore a conviction in the earlier burglary statute should be weighted one point if comparable to residential burglary and one-half point if comparable to commercial burglary.
Target offense designations are provided in order to be helpful, but are ADVISORY ONLY. Final determination is made by the Arkansas Department of Community Correction.
Omitted Offenses Policy
If a felony offense has been inadvertently omitted from the seriousness reference table, the court should excercise its discretion in designating a seriousness level which it believes to be appropriate. Please contact the Sentencing Commission if you believe we have omitted an offense.
Enhanced Classification Policy
If the felony classification of an offense is increased due to a statutory enhancement, the seriousness level shall also be increased by one seriousness level for each felony class increase.