2015 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment And Sentence Generally
Subchapter 8 - Sentencing Guidelines
§ 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 legislature 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 Judiciary Committee.

(B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Judiciary Committee.

(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 punishment 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(8), 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 Department of Correction and Department 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 Judiciary Committee and the Chair of the Senate Judiciary Committee.

(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 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 an executive director from candidates presented to it by the Chair of the Arkansas Sentencing Commission.

(2) The Executive Director of the Arkansas Sentencing Commission shall have appropriate training and experience to assist the commission in the performance of its duties.

(3) The executive 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) Subject to the approval of the Chair of the Arkansas Sentencing Commission, the executive director 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 executive director 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.