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SERIOUSNESS
REFERENCE TABLES
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Table
Name |
Download |
| Offense
Seriousness Rankings Table Statute Order |
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| Offense
Seriousness Rankings Table Alphabetical Order |
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Offense
Seriousness Rankings Table
Numerical Order |
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ADDENDUM TO SERIOUSNESS REFERENCE TABLE
A.C.A.16-90-803(b)(2)Offender History - provides that the criminal history score based upon prior felony criminal records is to be determined by reference to the seriousness level rankings of the prior offenses. Levels I - V are equal to one-half (.5) point and Levels VI - X are equal to one (1) point.
CRIMINAL HISTORY: OUT-OF-STATE CONVICTIONS
For the purpose of determining criminal history scores, prior felony convictions from other state jurisdictions shall be ranked at the level of the most comparable offense in this State. The determination of which Arkansas offense is comparable to the out-of-state offense when there is a question of fact or law, shall reside 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 shall be ranked 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 specify the element of the type of occupiable structure, i.e. residential or commercial, sentencing courts should determine when possible whether a prior conviction for burglary involved a residence in which case one criminal history point should be assigned as the prior offense is comparable to residential burglary (Level VI) or involved a commercial structure in which case one-half point should be assigned as the prior offense is comparable to commercial burglary (Level V).
OMITTED
OFFENSES POLICY
If a felony offense has been inadvertently omitted from the seriousness reference table, the trial court shall exercise its discretion by designating a seriousness level which it believes to be appropriate.
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. For example, if a person is charged with A.C.A. § 5-64-419, Possession of a controlled substance, Felony Class D, and the person is an inmate in a state, county, city or juvenile criminal detention facility, the felony class of the offense would increase one level to a Felony Class C. Therefore, the seriousness level would also increase one level.
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