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 470 Little Rock, AR (501) , Fax (501) December 1, 2003

2 A RKANS Sentencing Standards Grid, Offense Seriousness Rankings And Related Material SENTENCING COMMISSION 101 East Capitol, Suite 470 Telephone:(501) Little Rock, Arkansas FAX: (501) 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 Name Classification Judicial Circuit Alvin Bradley Citizen Representative (Fort Smith) Wanda Ford Citizen Representative (Conway) David Clinger Judge Nineteenth (West) Steve Dalrymple Prosecuting Attorney Eleventh (West) William Howard Public Defender Second Berlin Jones Judge Eleventh(West) Jeffery Phillips Public Defender Fifth Stephan Tabor Prosecuting Attorney Twelfth Gordon Webb Judge Fourteenth Advisory Members Senator Jim Luker Member of House Judiciary Staff Sandy Moll Wanda Hayes Julie Howe Sally Allen Tanya Hammond Executive Director Research Coordinator Program Coordinator Administrator Assistant Executive Secretary 1

3 TABLE OF CONTENTS Introduction to Sentencing Standards - How the standards work I. Arkansas Sentencing Standards Grid and Policy Statements Arkansas Sentencing Standards Grid by Levels with Ranges and Relevant Information Level 10 Level 9 Level 8 Level 7 Level 6 Level 5 Level 4 Level 3 Level 2 Level 1 II. Offense Seriousness Rankings Tables 1. Short Form of Most Common Crimes 2. Statutory Numerical Order 3. Alphabetical Order 4. Order by Ranking Levels 5. Addendum III. Related Material Frequently Asked Questions Criminal Justice Agencies Departure Report Form Criminal History Worksheet 2

4 INTRODUCTION TO SENTENCING STANDARDS Arkansas has joined a growing number of states and the federal government in adopting sentencing standards. Sentencing standards vary widely in purpose and application. The Arkansas standards defined in Acts 532 and 550 of 1993 serve the purposes of equity in sentencing, i.e. similar sentences for similar offenders with similar criminal histories and proportionality in sentencing by creating a balanced correctional system which reserves the most serious sanctions for the most serious offenders. How the standards work. The sentencing standards structure adopted in Arkansas is a voluntary procedure for use by those directly involved in sentencing - judges, prosecutors and defense attorneys. The Arkansas Sentencing Standards Grid has been adopted by the Arkansas Sentencing Commission pursuant to legislative authority and the Administrative Procedures Act. See Section I. It is applicable to crimes which occur on or after January 1, 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 crimes in one of ten levels of seriousness. See Section II. Offender history is determined by reference to the statute, A.C.A which allocates points for different levels of felonies, misdemeanors, certain juvenile adjudications and custody status at the time that a crime was committed. Determining the presumptive sentence for a particular offense is a starting point for the 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 non-typical, the procedure is defined for departing from the presumption. The full statutory range of punishment is available for all cases. Departure criteria and procedures are defined in the Code and the only requirement imposed for a departure from the presumptive sentence is that written reasons be given. A Departure Form is provided by the Commission which lists statutory aggravating factors and mitigating factors and a space for other reasons. See Section III. Departure criteria are not limited to those listed in the legislation. Act 1179 of 2001 clarifies that sentencing guidelines do not apply to probation revocation proceedings. This legislation was enacted in response to the Arkansas Supreme Court s decision in Martin v. State, 337 Ark. 451, 989 SW2d 908 (1999), finding that the guidelines did apply. Thus, departure reports are not required in revocation proceedings. 3

5 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: Statement of sentencing policy (a) Purposes of Sentencing (b) Purpose of Sentencing Standards (c) Appropriate Use of Sentencing Sanctions 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 Voluntary presumptive standards (a) Applicability (b) Offense seriousness and Offender History Departures from the standards (a) Deviation range (b) Procedures (c) Report requirement (d) Departure reasons (e) Non-applicability to jury trials 4

6 Grid 5

7 ARKANS SENTENCING STANDARDS GRID Effective Date - January 1, 1994, for Crimes Committed January 1, 1994 and thereafter Criminal History Score Offense Seriousness ** ** ** ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED TO THE ARKANS DEPARTMENT OF CORRECTION = Penitentiary Only RCF = Regional Correctional Facility = Alternative Sanctions (See Attached Definitions) (Please note: mitigated departure reports are not necessary when RCF and are available - shaded area on the grid.) See Regional Correctional Facility Policy Statement = Transfer Eligibility Line - Eligibility on sentences above the line is ½ of the sentence minus good time; eligibility on sentences below the line is 1/3 of the sentence minus good time. **Check applicability of Act 1326 of 1995 for release eligibility of crimes at these levels. 1 See Act 1135 of See Act 1268 of

8 Regional Correctional Facilities ARKANS SENTENCING STANDARDS GRID POLICY STATEMENTS 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 a 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 ). 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 - Commitment to the Arkansas Department of Correction. 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 Correction centers. - Alternative Sanctions - includes (1) probation, both supervised and unsupervised; (2) suspended imposition of sentence; (3) work on service programs coupled with or without (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 Correction programs as defined and provided by the Board of Corrections or by local courts as conditions of (1) or (2) above. 7

9 ARKANS SENTENCING STANDARDS GRID BY LEVELS WITH RANGES AND RELEVANT INFORMATION SERIOUSNESS LEVEL 10 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Release per Act 1326 of Minimum Time Served Prior to Transfer Eligibility* Presumptive Range = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Act 1326 of 1995 Crimes: Y Murder I* Y Causing a Catastrophe Release Eligibility - seventy percent (70%) of time imposed per Act 1326 of 1995 with no credit for good time. * Eligibility for transfer under the one-half minus good time is only applicable to juveniles under Act 1192 of 1999 (the Extended Juvenile Jurisdiction Act), or following a discretionary judicial finding that a minor charged as an adult was an accomplice. See Act 717 of 1999 (A.C.A ). Other Level 10 offenses Y Terrorism Y Exposing Public to Toxic Biological, Chemical Or Radioactive Substances Classification of crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) Y or life or life 10-life or life life 8

10 SERIOUSNESS LEVEL 9 Effective January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Release per Act 1326 of Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Act 1326 of 1995 Crimes: Y Rape Y Causing a Catastrophe(Offense date prior to July 16, 2003) Release Eligibility - seventy percent (70%) of time imposed per Act 1326 of 1995 with no credit for good time. Other Level 9 offenses: A Capital Murder - Attempt/Conspiracy/Solicitation Y Introduction of C/S into Body to Commit Sexual Offense Y Providing Material Support for a Terrorist Act Y Continuing Criminal Enterprise 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) Y or life or life 10-life or life life A n/a 40-life 9

11 SERIOUSNESS LEVEL 8 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Release per Act 1326 of 1995 and Act 1135 of Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Act 1326 of 1995 Crimes: Act 1135 of 1997 (A.C.A (a) Y Kidnapping Y Manufacture Y Aggravated Robbery Methamphetamine Release Eligibility - seventy percent (70%) of time imposed with no credit for good time. Other Level 8 offenses(list not complete, see table for additional offenses): B Murder II B Battery I Y Terroristic Act B Wife Battering I Y Arson (More Than $100,000 Damage) Y Manufacture/Etc. Controlled Substance Schedule I/II >200 gms <400 gms Y Manufacture/Etc. Controlled Substance Schedule I/II >400 gms Y Distribution of Controlled Substance to a Minor U Perpetrating Crime with Machine Gun [See statute for penalty range] Y Engaging in Continuing Gang, Org. or Enterprise (First Degree) Y Simultaneous Possession of Drugs and Firearms A 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) Y or life or life 10-life or life life A n/a 40-life B or life

12 SERIOUSNESS LEVEL 7 Effective Date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer per Act 1135 of Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Act 1135 of 1997 crime Y Manufacture Methamphetamine Release Eligibility - seventy percent (70%) of time imposed with no credit for good time. Other Level 7 offenses (list not complete, see table for additional offenses): Target Offenses underlined - see grid policy on use of Regional Correctional Facilities B Robbery Y Intro C/S into Body (Schedule I-II) A Knowingly Exposing Another to HIV A Sexual Assault, First Degree A Arson ($20,001 - $100,000 Damage) Y Manufacture/Delivery/Possession Control Substance; Schedule I/II <28 gms Y Manufacture/Etc. Controlled Substance Schedule I/II >28 gms <200 gms B Failure to Keep Records-Drug Free Zone U Violation Uniform Machine Gun Act [See statute for penalty range] A Engaging in Continuing Gang, Org. or Enterprise (First Degree) Y Engaging in Continuing Gang Org. or Enterprise (Second Degree) B Discharge of a Firearm From Car (Second Degree) B 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) Y or life or life 10-life or life life A n/a 40-life B or life

13 SERIOUSNESS LEVEL 6 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer per Act 1268 of Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Act 1268 of 1999 Crime B Use of Paraphernalia to Manufacture Methamphetamine Release Eligibility - seventy percent (70%) of time imposed with no credit for good time, including Regional Correctional Facilities. Level 6 offenses (list not complete, see table for additional offenses): Target Offenses underlined - see grid policy on use of Regional Correctional Facilities C Manslaughter B Kidnapping B Sexual Assault, Second Degree B Engaging Child in Sex Explicit (Subsequent Offense) B Employ/Authorize Child <17 Sexual Performance -(Subsequent Offense) B Produce/Direct Sexual Performance Child < B Abuse of Adults B Burglary - Residential A Treason B Possession/Etc. Counterfeit Substance w/intent - Schedule I - II B Manufacture/Etc. Controlled Substance Schedule I/II/III >400 gms B Stalking First Degree B Engaging in Continuing Gang Organize or Enterprise (First Degree) 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) A n/a 40-life B or life C n/a

14 ARKANS SENTENCING STANDARDS GRID SERIOUSNESS LEVEL 5 Effective January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Level 5 offenses (list not complete, see table for additional offenses) Target Offenses underlined - see grid policy on use of Regional Correctional Facilities C Incest C Computer Exploitation of a Child - First Degree B Theft of Property B Theft of Services B Theft by Receiving B Forgery I B Hot Check/Personal Services (Over $2500) B Arson (Less Than $20,000 Damage) C Burglary - Commercial B Hindering Apprehension or Prosecution C Failure to Appear 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) B or life C n/a

15 SERIOUSNESS LEVEL 4 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Level 4 offenses (list not complete, see table for additional offenses) Target Offenses underlined - see grid policy on use of Regional Correctional Facilities C Negligent Homicide D Negligent Homicide C False Imprisonment I D Battery II C Sexual Assault, Third Degree C Perjury C Escape I C Possession of Controlled Substance Schedule I/II C Manufacture/Delivery/Possession Marijuana >10 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) C n/a D n/a

16 SERIOUSNESS LEVEL 3 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Level 3 offenses (list not complete, see table for other offenses) Target Offenses underlined - see grid policy on use of Regional Correctional Facilities D Aggravated Assault D Non-Support C Theft of Property C Theft of Services C Theft by Receiving C Theft of Leased/Rented Property C Forgery II C Fraudulent Use of a Credit Card C Hot Check/Personal Services ($200 - $2500) C Criminal Mischief I D Breaking or Entering C Possession Control/Counterfeit Subst W/O Prescription (Third Offense) C Manufacture/Delivery/Possession Marijuana <10 lbs U DWI, Violation of Omnibus Act [See statute for penalty range] (Fourth Offense) [RCF by judicial transfer only] 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) C n/a D n/a

17 SERIOUSNESS LEVEL 2 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Level 2 offenses (list not complete, see table for other offenses): Target Offenses underlined - see grid policy on use of Regional Correctional Facilities D Terroristic Threatening I D Criminal Mischief II D Computer Password Disclosure D Escape II 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) D n/a

18 SERIOUSNESS LEVEL 1 Effective date January 1, 1994 Criminal History Score Presumptive Sentence Minimum Time Served Prior to Transfer Eligibility Presumptive Range = Alternative Sanctions, RCF = Regional Correctional Facilities = Penitentiary Only ALL SENTENCE DURATIONS ARE SHOWN IN MONTHS COMMITTED Level 1 offenses (not all offenses listed, see table for other offenses): Target Offenses underlined - see grid policy on use of Regional Correctional Facilities D Defrauding Secured Creditors D Defrauding Judgment Creditors D Defrauding Material Man >$ D Computer Fraud D Illegal Use of Food Coupons D Illegal Presentation of Food Coupons U Keeping a Gambling House [See statute for penalty range] 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 crimes at this level and statutory range: Class Normal range Habitual Habitual Habitual Habitual (a) (b) (c) (d) D n/a

19 Seriousness Rankings 18

20 SHORT TABLE OF COMMON CRIMES + Target offense *Possible target offense Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions. #Serve 70% - see Act 1326 of 1995 ##Manufacturing methamphetamine will serve 70% See Act 1135 of 1997 [2,3] Two and three strikes law applicable, see A.C.A Statute # Class Name of Crime Ranking # Y Murder I [2,3] B Murder II [2,3] C Manslaughter C Negligent Homicide 4@ D Negligent Homicide 4@ # Y Kidnapping [2,3] B Robbery 7 # Y Aggravated Robbery [2,3] B Battery I [3] B Domestic Battering I [3] 8@ D Battery II D Aggravated Assault D Terroristic Threatening I Y Terroristic Act [3] 8 # Y Rape [2,3] C Violation of a Minor I [3] 4@ A Sexual Assault, First Degree 7@ B Sexual Assault, Second Degree 6@ B Theft of Property C Theft of Property B Theft by Receiving C Theft by Receiving C Forgery II B Hot Check/Personal Services(> $2,500) C Hot Check/Personal Services(>$200-<$2,500) C Criminal Mischief I B Arson (< $20,000 Damage) 5 * B Burglary - Residential 6@ C Burglary - Commercial D Breaking or Entering C Failure to Appear B Possession/Etc. Counterfeit Substance w/intent - Schedule I - II C Manufacture, Etc. Controlled Substance Schedule IV/V <200 gms 3 ## Y Manufacture/Delivery/Possession Control 7 Substance; Schedule I/II <28 gms C Delivery/Possession/Manufacture, Etc Drugs U DWI, Violation of Omnibus Act (Fourth Offense) B Possession Firearm by Certain Persons 5@ D Possession Firearm by Certain Persons See complete table listing for effective offense dates. 19

21 OFFENSE SERIOUSNESS RANKING TABLE FOR ALL CRIMINAL OFFENSES (IN STATUTORY NUMERICAL ORDER) + Target offense *Possible target offense Target designations are made to be helpful - refer to Acts 531 of 1993 and 577 of 1995 for legal definitions. #Serve 70% - see Act 1326 of ##Manufacturing methamphetamine will serve 70% See Act 1135 of 1997 and Act 1268 of 1999 Statute # Class Name of Crime Ranking D Violation of Grain Warehouse U Alcoholic Beverage to Minor (Second Offense) D Sale of Alcoholic Beverage to Minor C Sale of Alcoholic Beverage to Minor 3 (New, Second Offense W/I 5 year) D Illicit Still U Alcoholic Beverage Sale/Possession Trade in Dry County U Odometer Fraud 2 (Offense date - July 28, 1995 and thereafter) A Capital Murder- Attempt/Conspiracy/Solicitation 9 # Y Murder I B Murder II C Manslaughter C Negligent Homicide D Negligent Homicide 4 (Offense date - Prior to July 30, 1999) C Physician-assisted suicide 5 # Y Kidnapping B Kidnapping C False Imprisonment I B Aircraft Piracy C Vehicular Piracy B Permanent Detention D Permanent Detention B Robbery 7 # Y Aggravated Robbery B Battery I D Battery II D Aggravated Assault Y Intro C/S into Body (Schedule I-II) Y Intro C/S into Body to Commit Sexual Offense 9 (Offense date - July 30, 1999 and after B Intro C/S into Body (Schedule I-III) C Intro C/S into Body (Schedule IV-V) D Aggravated Assault of Corrections Officer D Terroristic Threatening I 2 20

22 Y Terroristic Act B Terroristic Act 5 # Y Rape A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) B Carnal Abuse I 5 (Offense date - prior to July 28, 1995) C Carnal Abuse II 5 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) D Carnal Abuse II 4 (Offense date - prior to July 28, 1995) D Carnal Abuse III 3 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) C Sexual Abuse I 5 (Offense date - prior to August 13, 2001) D Sexual Indecency with a Child D Sexual Solicitation of a Child 3 (Offense date - July 28, 1995 and thereafter) D Indecent Exposure, (Second and Subsequent Offense D Indecent Exposure to Age 12 and under C Violation of a Minor I 4 (Offense date - prior to August 13, 2001) D Violation of a Minor II 3 (Offense date - prior to August 13, 2001) A Knowingly Exposing Another to HIV A Knowingly Exposing Another to HIV 6 (Offense date - Prior to August 13, 2001) A Sexual Assault, First Degree B Sexual Assault, Second Degree D Sexual Assault, Second C Sexual Assault, Third Degree D Sexual Assault, Fourth Degree D Registered Sex Offender Residing within 2000' of 3 Certain Facilities U Slander-Adultery/Fornication U Slander-False Swearing U Slander-Proclaiming One as a Coward U Slander 1 * D Video Voyeurism 3 21

23 D Death Threat Concerning School Employee Or Student A Incest when victim < C Incest D Concealing Birth 2 (Offense date- August 13, 2001 and thereafter) B Wife Battering I 8 (Offense date - prior to July 28, 1995) D Wife Battering II 4 (Offense date - prior to July 28, 1995) A Domestic Battering I 8 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) B Domestic Battering I 8 (Offense date - July 28, 1995 and thereafter) B Domestic Battering II 5 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) C Domestic Battering II D Aggravated Assault on Wife I 3 (Offense date - prior to July 28, 1995) D Domestic Battering II 4 (Offense date - July 28, 1995 and thereafter) D Domestic Battering III (Second Offense) 3 (Offense date - July 28, 1995 and after) D Domestic Battering III 3 (Subsequent Offense) (Or To a Pregnant Woman - Offense date - July 16, 2003 and thereafter) D Aggravated Assault on Family/Household Member 3 (Offense date - July 28,1995 and thereafter) B Non-Support if owe >$25, C Non-Support if owe >$10,000 but <$25, D Non-Support if owe > $2,500, it at least four months of support D Non-Support 3 (Offense date - Prior to July 30, 1999) D Interference with Visitation C Interference with Custody 3 (Offense date - July 28, 1995 and thereafter) D Interference with Custody 3 (Offense date - prior to July 28, 1995) D Interference with Court Ordered Custody 3 (Offense date - July 28, 1995 and thereafter) D Endangering Welfare of Incompetent I D Endangering Welfare of a Minor I 3 22

24 B Permitting Child Abuse C Permitting Child Abuse D Permitting Child Abuse D Soliciting Money/Property from Incompt B Exposure of Child to Chemical Substance or Meth, Ingest, Inhale 6 With Injury C Exposure of Child to Chemical Substance or Meth, Ingest, Inhale, 4 Have Contact With C Engaging Child in Sex Explicit (First Offense) 5 (Offense date - Prior to July 16, 2003) B Engaging Child in Sex Explicit (First Offense) B Engaging Child in Sex Explicit - (Subsequent Offense) 6 (Offense date - Prior to July 16, 2003) A Engaging Child in Sex Explicit - (Subsequent Offense) C Transportation/Distribution of Material Depicting Child 4 (First Offense) B Transportation/Distribution of Material Depicting Child 5 (Subsequent Offense) C Transportation of a Minor for Prohibited Conduct C Employ/Authorize Child <17 Sexual Performance 5 (First Offense) B Employ/Authorize Child <17 Sexual Performance 6 (Subsequent Offense) B Produce/Direct Sexual Performance Child < B Fraud ID Unlawful to Manufacture (Second Offense) C Fraud ID Unlawful to Manufacture (First Offense) B Distributing, Possessing or Viewing Matter Depict Conduct Involve 6 Child, (Second or Subq. Offense) (Offense date - August 13, 2001 and thereafter) C Distributing, Possessing or Viewing Matter Depict Conduct Involve 4 Child B Computer Child Pornography B Computer Exploitation of a Child - First Degree 7 (Second and Subq. Offense) (Offense date - August 13, July 15, 2003) A Computer Exploitation of a Child - First Degree 8 (Second and Subq. Offense) C Computer Exploitation of a Child - First Degree 5 (First Offense) (Offense date - August 13, July 15, 2003) B Computer Exploitation of a Child - First Degree 6 (First Degree) D Computer Exploitation of a Child - Second Degree 4 (Offense date - August 13, July 15, 2003) C Computer Exploitation of a Child - Second Degree 5 23

25 B Abuse of Adults C Abuse of Adults D Abuse of Adults D Making False Notification of Adult Abuse (Second Offense) B Theft of Property C Theft of Property 3 (Offense date - prior to July 28, 1995) C Theft of Property >$500 3 (Offense date - July 28, 1995 and thereafter) D Theft of Property D Theft of Property During a Period of Emergency D Theft of Property During a Criminal Episode B Theft of Services C Theft of Services D Theft of Property Lost/Mislaid/Delivered by Mistake B Theft by Receiving C Theft by Receiving B Theft of Leased/Rented Property C Theft of Leased/Rented Property D Theft of Leased/Rented Property B Theft of Public Benefits >$2, C Theft of Public Benefits >$200 <$2, B Theft - Wireless Services C Theft - Wireless Services C Theft - Wireless Services Communicate Threats or Injury by 4 Bombing, Fire, Etc B Theft - Wireless Services, facilitating C Theft - Wireless Services, facilitating D Unlawful Use of Theft Detection Shield Device D Unlawful Possession of Theft Detection Shield Device D Unlawful Possession of Theft Detection Device Remover D Unlawful Removal of Theft Detection Device B Forgery I C Forgery II D Defrauding Secured Creditors D Fraud in Insolvency C Fraudulent Use of a Credit Card D Criminal Impersonation I 2 24

26 C Possession of Forgery Device D Obtaining Signature by Deception D Defrauding Judgment Creditors C Using Slugs - Over $ D Criminal Simulation D Financial Identity Fraud B Hot Check/Personal Services(> $2,500) C Hot Check/Personal Services(>$200-<$2,500) D Manu/sale of De-scrambling Devices B Marking/Altering Brand of Animal C Marking/Altering Brand of Animal D Marking/Altering Brand of Animal U False Registration - Pedigree Animal D Fraud in Acquire/Auth to Provide MV Trans D Defrauding Material Man >$5, D Threatening to Cause a Catastrophe 2 # Y Causing a Catastrophe 9 (Offense date - Prior to July 16, 2003) # Y Causing a Catastrophe C Criminal Mischief I D Criminal Mischief II 2 * C Impairing Operation of Vital Public Facility Y Arson (> $100,000 Damage) 8 (Offense date - prior to August 1, 1997) A Arson (>$20,001 -< $100,000 Damage) 7 (Offense date - prior to August 1, 1997) B Arson (< $20,000 Damage) 5 (Offense date - prior to August 1, 1997) Y Arson (>$100,000 Damage) A Arson (>$15,000 < $100,000 Damage) B Arson (>$5,000 < $15,000 Damage) 5 * C Arson ($2,500 < $5,000 Damage) 4 * D Arson ($500 < $2,500 Damage) 3 * D Reckless Burning 2 * U Setting Fire with Intent to Let Escape 2 * B Burglary - Residential C Burglary - Commercial D Breaking or Entering U Mining in a Cemetery D Destroying or Taking Cemetery Marker 2 (Offense date - August 1, 1997 or thereafter) D Computer Fraud 1 25

27 D Computer Trespass (>$,2500 Damage) C Unlawful Acts Regarding Computers - Damage > $ C Unlawful Interference with Access to Computers D Unlawful Use of Encryption D Unlawful Acts Involving Electronic Mail D Computer Password Disclosure C Criminal Use/Laundering Proceeds A Treason 6 * U Subversive Activities B Usurping Office B Usurping Government U Intentional Injury to Interfere With Government Property U Intentional Defective Workmanship U Communist Party Organization D Failure to Register Communist Party 1 Member/Organization -Overthrow Govt D Public Servant Bribery C Perjury C Witness Bribery 4 * C Intimidating a Witness D Tampering With Physical Evidence 4 * D Retaliation against Certain Informants D Juror Bribery 4 * C Intimidating a Juror D Jury Tampering D Approaching Jury Commissioner B Threatening a Judicial Official or Juror C Threatening a Judicial Official or Juror C Interfering with Law Enforcement Officer B Hindering Apprehension or Prosecution 5 * C Hindering Apprehension or Prosecution 4 * D Hindering Apprehension or Prosecution D Aiding Consummation of Offense B Compounding C Compounding D Compounding C Escape I 4 * D Escape II C Permitting Escape I C Aiding Unauthorized Departure 3 * C Furnishing Implement for Escape 4 * D Furnishing Implement for Escape 3 26

28 * C Furnishing Implement for Unauthorized Departure B Furnishing Prohibited Articles 5 * C Furnishing Prohibited Articles C Failure to Appear B Tampering With/Breaking into Court Records 6 Offense date - July 30, 1999 and thereafter) C Tampering With Court Records D Tampering w/public Record - Wrongdoing D Filing False Report of Crime C Fleeing, in Car, with Serious Injury D Fleeing, with Serious Injury D Fleeing in Vehicle Causing Danger 3 (Offense date - July 28, 1995 and thereafter) D Fleeing 2 (Offense date - prior to July 28, 1995) D Killing Animal Used by Law Enforcement Agency B Officer Failing to Execute Process C Officer Failing to Execute Process 3 * D Officer Failing to Execute Process D Absconding Y Soliciting Material Support for Terrorism Y Providing Material Support for a terrorist Act A Making a Terrorist Threat B Falsely Making a Terrorist Threat Y Terrorism B Hindering Prosecution of Terrorism D Hindering Prosecution of Terrorism Y Exposing Public to Toxic Biological, Chemical or Radioactive 10 Substances D Use of a Hoax Substance B Violation of Medicaid Fraud Act C Violation of Medicaid Fraud Act C Illegal Medicaid Participation (Third and Subsequent Offense) D Illegal Medicaid Participation (Second Offense) D Non-Maintenance of Medicaid Records D Traffic in Illegal Food Coupons D Illegal Use Etc. of Food Coupons D Illegal Use of Food Coupons D Abuse of Corpse 1 27

29 D Communicating False Alarm by Radio D Inducing Abortion W/O Medical License U Abortion D Performing partial birth abortion D Dogfighting - (First Offense) D Bear Exploitation B Possession/Etc. Counterfeit Substance w/intent 6 Schedule I - II C Possession Control/Counterfeit Subst W/O Prescription 3 (Third Offense) D Possession Control/Counterfeit Subst W/O Prescription 2 (Second Offense) B Manufacture, Etc. Controlled Substance 4 Schedule I/II/III <28 gms C Manufacture, Etc. Controlled Substance 3 Schedule IV/V <200 gms. ## Y Manufacture/Delivery/Possession Control 7 Substance; Schedule I/II <28 gms B Manufacture/Etc. Controlled Substance 5 Schedule I/II/III >28 gms <400 gms C Manufacture/Etc. Controlled Substance 4 Schedule IV/V >200 gms <400 gms ## Y Manufacture/Etc. Controlled Substance 7 Schedule I/II >28 gms <200 gms B Manufacture/Etc. Controlled Substance 5 Schedule I/II/III >200 gms <400 gms C Manufacture/Etc. Controlled Substance 4 Schedule IV/V >400 gms ## Y Manufacture/Etc. Controlled Substance 8 Schedule I/II >200 gms <400 gms B Manufacture/Etc. Controlled Substance 6 Schedule I/II/III >400 gms C Possession of Controlled Substance - Schedule I/II 4 ## Y Manufacture/Etc. Controlled Substance 8 Schedule I/II >400 gms B Manufacture/Delivery/Possession Marijuana >10 lbs <100 lbs 5 (Offense date - July 28, 1995 and thereafter) C Manufacture/Delivery/Possession Marijuana >10 lbs <100 lbs 4 (Offense date - prior to July 28, 1995) A Manufacture/Delivery/Possession Marijuana >100 lbs 6 (Offense date - October 10, 1994 and thereafter) C Manufacture/Delivery/Possession Marijuana >100 lbs 4 (Offense date - prior to October 10, 1994) C Manufacture/Delivery/Possession Marijuana <10 lbs D Possession/Etc. Counterfeit Substance w/intent 2 Unclassified Schedule C Possession/Etc. Counterfeit Substance w/intent Schedule I-V B Failure to Keep Records-Drug Free Zone D Failure to Keep Records, Etc. Drugs 2 28

30 B Delivery Drug Paraphernalia to Anyone <18 5 ## B Paraphernalia to Manufacture Methamphetamine, Use of 6 (Offense date - April 9, 1999 and thereafter) C Delivery/Possession/Manufacture, Etc. Drugs D Non-controlled Substance Rep as Class Controlled Substance Y Distribution of Controlled Substance to a Minor Y Continuing Criminal Enterprise D Drug Precursors C Communication Facility, Illegal Use of C Conduct Illegal Drug Paraphernalia Business (Third Offense) D Conduct Illegal Drug Paraphernalia Business (Second Offense) D Possess > 5 grams Ephedrine D Possess w/intent to Manufacture D Sell, Distribute, etc. Ephedrine, Pseudoephedrine, etc with Intent 3 To Manufacture B Possession of Anhydrous Ammonia in Unlawful Containers U DWI, Violation of Omnibus Act (Fourth Offense) U Keeping a Gambling House D Bribery of a Sports Participant D Unlawful Wagering on Horse Racing D Promotion or Operation of Lottery U Sale or Possession of Obscene Film D Promoting Obscene Materials D Promoting Obscene Performance C Obscene Performance at Live Public Show D Public Display of Hardcore Sex Conduct U Sale/Distribution of Obscene Material D Promoting Prostitution First Degree D Aggravated Riot D Inciting Riot B Arming Rioter C Communicating False Alarm if Physical Injury Results D Communicating False Alarm if Damage to Property Results D Communicating False Alarm 2 * D Communicating False Alarm if no Damage or Physical Injury 2 Results, Second or Subq. Offense * D Communicating False Alarm to an Educational Institution D Threatening A Fire Bombing C Defacing Objects of Public Respect Damage >$2, D Defacing Objects of Public Respect Damage >$500 <$2, B Stalking First Degree C Stalking Second Degree C Promoting Civil Disorder - First Degree 3 29

31 U Injuring Levee U Making Cut-offs on the River B Possession Firearm by Certain Persons 5 (Prior crime violent or present use to commit crime. Offense date - July 28, 1995 and thereafter) (c)B Possession Firearm by Certain Persons 5 (Offense date - August 31, 2001 and thereafter) B Possession Firearm by Certain Persons 3 (Offense date - October 10, July 28, 1995, no Class D during this period) D Possession Firearm by Certain Persons 2 (Offense date - prior to October 10, 1994, no class B during this period) D Possession Firearm by Certain Persons 2 (Prior crime non-violent and present use mere possession. Offense date - July 28, 1995, and thereafter) B Criminal Use of Prohibited Weapons D Criminal Use of Prohibited Weapons D Defacing a Firearm D Possession of Defaced Firearm, Serial Number Irretrievable 2 (Offense date - July 28, 1995 and thereafter) B Criminal in Possession of Explosives (b)B Furnishing Illegal Weapon to Minor 4 (Offense date - October 10, 1994 and thereafter) * D Possession of Handgun on Public School Property or Bus 3 (Offense date - prior to July 30, 1999) * D Possession of Firearm on Public School Property or Bus 4 * D Possession of Handgun by Juvenile Delinquent 2 (Offense date - October 10, 1994 and thereafter) * D Possessing Handgun in a Courtroom D Booby Trap Unlawful to Install/Maintain B Furnishing Deadly Weapon to Felon 5 (Offense date - October 10, 1994 and thereafter) D Possession of Weapon by Incarcerated Person 3 (Offense date - July 28, 1995 and thereafter) B Sale, Rental or Transfer of Firearm to Prohibited Person 5 (Sup pp. 75) U Violation of Uniform Machine Gun Act U Perpetrating Crime with Machine Gun Y Engaging in Continuing Gang Org. or Enterprise 8 (First Degree) A Engaging in Continuing Gang Org. or Enterprise 7 (First Degree) B Engaging in Continuing Gang Org. or Enterprise 6 (First Degree) Y Engaging in Continuing Gang Org. or Enterprise 7 (Second Degree) A Engaging in Continuing Gang Org. or Enterprise 6 (Second Degree) 30

32 B Engaging in Continuing Gang Org. or Enterprise 5 (Second Degree) C Engaging in Continuing Gang Org. or Enterprise 4 (Second Degree) B Unauthorized Use Property to Facilitate Crime Y Simultaneous Possession of Drugs and Firearms Y Discharge of a Firearm From Car (First Degree) B Discharge of a Firearm From Car (Second Degree) Y Violent Group Activity, Enhanced A Violent Group Activity, Enhanced B Violent Group Activity, Enhanced C Violent Group Activity, Enhanced D Violent Group Activity, Enhanced B Soliciting a Minor to Join a Gang (Second Offense) 6 (Offense date - October 10, 1994 and thereafter) C Soliciting a Minor to Join a Gang (First Offense) 4 (Offense date - October 10, 1994 and thereafter) * D Aircraft DWI Second Offense W/I 1 Year 2 * D Aircraft DWI, Flight Crew 3 * D Illegal Purchase or Sale of Blue Lights D Election felonies D Preventing a Person From Voting U False Statements on Voting Affidavits D Election felonies D Person With Record Signing Political Pledge U Violate Political Practices Act D False Info on Petition Verification U Violate Law Regulating Pollution Control Commission U Release of Hazardous Waste with Danger 6 Of Death/Serious Bodily Injury U Release of Hazardous Waste U Hazardous Waste\Violation of Provisions U Leave/Remove Self After Violate HWM Act C Accepting Compensation for Adoption D Workers Compensation Fraud (Employee Misrepresentation) D Workers Compensation Fraud (Employer Misrepresentation) U Rept/Willful Release Unauthorized Person D False Allegation of Child Abuse (Second offense) D Sex Offender Failing to Register D Failing to Register Sex Offender Name Change 2 31

33 D Unauthorized Use of Criminal History 1 * D Refusal to Provide DNA Sample D Trading or Collecting Skeletal Remains C Trading or Collecting Skeletal Remains (Second Offense) C Display of Skeletal Remains D Desecration of Burial Grounds C Desecration of Burial Grounds (Second Offense) D Timber Theft U Killing Fish w/intoxicant Stup Substance D Unauthorized Practice of Law (Second Offense) D Violation of Bail Bond Agent Law D Unlicenced Athletic Agent U Precious Metals Violate Buyers Act D Violation of Private Investigator Law (Second Offense) U Failure to Discharge Lien D Violation of Unused Property Act (Third Offense) 2 * C Human Cloning U Failure to Inspect Boilers U Failure to Label Narcotic U Sale/Disp Adulterated/Uninspected Meat U Fraud/Deceit Procure Narcotic D Violation of Act Regulating State Employment U Spread False Report About Credit Union B False Security Statement B Violate Mortgage Loan Co/Loan Broker Act D Failure to Deposit Funeral Trust Funds B Securities Fraud D Securities Fraud D Unauthorized Insurance Transactions D Fraudulent Insurance Acts C Fraudulent Insurance Acts (Subsequent Offense) 3 32