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16 CAR § 10-102. Policy statements
16 CAR § 10-102. Policy statements.
(a) Community correction centers.
(1) Only defendants who have been found guilty of a target offense are eligible to be sentenced to a community correction center.
(2) Sentences to a community correction center should only be utilized for those whom the court would otherwise sentence to the Division of Correction.
(3) The Arkansas Sentencing Commission strongly encourages local courts to utilize the services of the community correction centers in lieu of penitentiary time in appropriate cases.
(4) Offenses designated as target offenses are defined in Arkansas Code § 16-93-1202(10)(A).
(b) Statutory override.
(1) The commission recognizes that the presumptive sentences recommended in this part may fall above or below the statutory range for a given offense.
(2)(A) The statutory minimum or maximum ranges for a particular crime shall govern over a presumptive sentence if the presumptive sentence should fall below or above such ranges.
(B) Arkansas Code § 16-90-803(b)(3)(C).
(3) While this is not considered a departure, please use Aggravating Departure Reason 13 to note that this exception applies.
(c) Offenses/offenders that are statutorily ineligible for CCC.
(1) If an ineligible offender is sentenced to the division from a grid cell that has CCC as a presumptive sentence, and the length of the division’s sentence is within the statutory parameters for sentences to CCC, the sentence will not be considered a departure for purposes of the Sentencing Guidelines.
(2) For example, a sentence of six (6) years in the division for battery in the second degree, SL 4, CHS 0, is not a departure.
(3) While this is not considered a departure, please use Aggravating Departure Reason 16 to note that this exception applies.