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16-90-802. The Arkansas Sentencing Commission.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-802. The Arkansas Sentencing Commission.
(a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommendations to the General Assembly on proposed changes of sentencing laws, policies, and practices.
(b)(1) The commission shall be composed of nine (9) voting members and two (2) advisory members.
(2)(A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary.
(B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary.
(3) The voting members of the commission shall be composed of:
(A) Three (3) circuit judges;
(B) Two (2) prosecuting attorneys;
(C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and
(D) Two (2) private citizen members.
(c)(1)(A) The Governor shall appoint the voting members of the commission.
(B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed.
(2) The Governor shall select a chair to serve at his or her will.
(3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
(d) In furtherance of its purpose, the commission shall have the following powers and duties:
(1)(A) The commission shall adopt an initial sentencing standards grid and an offen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-802
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-90-802
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9484dc17d2cd0bf482a8e8c42ee4f05da2fa731d938c119bb1213779e0464c7b
Source location: content.xml paragraph 35135
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16-90-802. The Arkansas Sentencing Commission.
(a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommendations to the General Assembly on proposed changes of sentencing laws, policies, and practices.
(b)(1) The commission shall be composed of nine (9) voting members and two (2) advisory members.
(2)(A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary.
(B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary.
(3) The voting members of the commission shall be composed of:
(A) Three (3) circuit judges;
(B) Two (2) prosecuting attorneys;
(C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and
(D) Two (2) private citizen members.
(c)(1)(A) The Governor shall appoint the voting members of the commission.
(B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed.
(2) The Governor shall select a chair to serve at his or her will.
(3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
(d) In furtherance of its purpose, the commission shall have the following powers and duties:
(1)(A) The commission shall adopt an initial sentencing standards grid and an offense seriousness reference table based upon the statutory parameters and additional data and information gathered prior to January 1, 1994.
(B) The commission shall also set the percentage of time within parameters set by law to be served for offenses at each seriousness level prior to any type of transfer or release;
(2)(A) The commission shall periodically review and may revise the voluntary sentencing standards.
(B) Any revision of the standards shall be in compliance with provisions applicable to rule making contained in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(C) Any revision of the standards shall become effective as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(D)(i) The revised standards will be in effect unless modified by the General Assembly at its next session or until revised again by the commission.
(ii) Any revisions by the commission shall be within the statutory parameters set for the various crime classes;
(3) The commission may review and make recommendations for revision of the Community Punishment Act, § 16-93-1201 et seq., target group to the General Assembly such that nonviolent offenses and offenders are routinely handled in community correction programs;
(4)(A) The commission shall be in charge of strategic planning for a balanced correctional plan for the state.
(B) The commission shall develop such a plan in conjunction with the Board of Corrections.
(C) The commission shall monitor compliance with sentencing standards, assess their impact on the correctional resources of the state with the assistance of the board, and determine if the standards further the adopted sentencing policy goals of the state;
(5) The commission may review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;
(6)(A) The commission shall develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length.
(B) The commission shall prepare and submit to the General Assembly a report on any such legislation prior to its adoption;
(7)(A)(i) All courts having criminal jurisdiction of felony crimes shall provide to the commission in a timely manner all information deemed necessary by the commission.
(ii) Such information shall be in the form determined necessary by the commission.
(B) The commission shall have the authority to collect from any state or local governmental entity information, data in electronic or in other usable form, reports, statistics, or such other material which relates to sentencing laws, policies, and practices, or impacts on correctional resources or is necessary to carry out the commission's functions.
(C) The commission may coordinate its data collection with the Administrative Office of the Courts, the Arkansas Crime Information Center, the various circuit clerks of the state, and the various state and local correctional agencies;
(8) Under its duties outlined in this section, the commission shall be a criminal justice agency, as defined in § 12-12-1001, as its powers and duties include:
(A) Determining transfer eligibility;
(B) Gathering, analyzing, and disseminating criminal history information as it relates to sentencing practices, dispositions, and release criteria; and
(C) Determining the appropriate use of correctional and rehabilitative resources of the state;
(9)(A) Produce annual reports regarding compliance with sentencing guidelines, including the application of voluntary presumptive standards, § 16-90-803, and departures from the standards, § 16-90-804.
(B) The report shall include:
(i) Data collected from each county; and
(ii) Both a county-by-county and statewide accounting of the results including without limitation:
(a) Sentences to the Division of Correction and Division of Community Correction; (b) The average sentence length for sentences by offense type and severity level according to the sentencing guidelines;
(c) The percentage of sentences that are an upward departure from the sentencing guidelines; and
(d) The average number of months above the recommended sentence for those sentences described in subdivision (d)(9)(B)(ii)(c) of this section.
(C) The report filed each year after the initial report submitted under this section shall include data from prior years;
(10) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required; and
(11)(A) The commission shall collaborate with the Administrative Office of the Courts to develop and implement an integrated sentencing commitment and departure form that shall include:
(i) Demographic information including the race and ethnicity of both the offender and the victim or victims;
(ii) The placement decision;
(iii) Sentence length;
(iv) Any departure from the sentencing guidelines on placement and sentence length;
(v) The number of months above or below the presumptive sentence;
(vi) Justification for the departure; and
(vii) A signature space for the judge and the prosecuting attorney to sign off on the contents of the form.
(B) The commission shall begin using the new form on January 1, 2012.
(C)(i) Forms are to be collected annually and sent to the Administrative Office of the Courts.
(ii) Data from the forms shall be collected and submitted to the Chair of the House Committee on Judiciary and the Chair of the Senate Committee on Judiciary.
(e)(1) The commission shall meet no less than quarterly.
(2)(A) The commission shall submit to the Governor, the General Assembly, and the Arkansas Judicial Council, Inc. a biennial report three (3) months prior to the convening of the regular session.
(B) The report shall include a summary of the commission proceedings and recommendations for legislative and administrative action.
(f)(1) The commission shall employ a director from candidates presented to it by the Chair of the Arkansas Sentencing Commission in consultation with the Secretary of the Department of Corrections.
(2) The Director of the Arkansas Sentencing Commission shall have appropriate training and experience to assist the commission in the performance of its duties.
(3) The director shall be responsible for compiling the work of the commission and drafting suggested legislation incorporating the commission's findings for submission to the General Assembly.
(g)(1) The secretary shall employ such other staff and shall contract for services as are necessary to assist the commission in the performance of its duties, and as funds permit.
(2) The secretary shall ensure that appropriate budgetary measures are taken to employ enough staff or contract for expert services and to purchase the technology needed to compile and process sentencing data from all judicial districts in a timely manner.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1001. Definitions.
As used in this subchapter:
(1)(A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
(B) “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
(2) “Arrest tracking number” means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge;
(3) “Central repository” means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;
(4) “CODIS” means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, state forensic laboratories, and local forensic laboratories;
(5) “Conviction information” means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;
(6)(A) “Criminal history information” means a record compiled by a central repository or the Identification Bureau of the Department of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release.
(B) “Criminal history information” does not include fingerprint records on in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1001
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1001. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-1201. Findings and determinations.
(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities.
(b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold:
(1) “Community correction”, defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and
(2)(A) “Institutions”, defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders.
(B) “Incapacitation” involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate.
(C) “High risk” is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.
(c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-93-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-901. Definitions — Limitations.
(a) For purposes of this subchapter, the term “state board” means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.
(b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-16-901. This identifies an authority to review, not proof of applicability.