§ 16-90-802 - The Arkansas Sentencing Commission.
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) Pursuant to its duties outlined in this section, the commission shall be a criminal justice agency, as defined in 12-12-1001(7), 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.
(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.
(2) The executive director 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) Subject to the approval of the chair, the executive director shall employ such other staff and shall contract for services as is necessary to assist the commission in the performance of its duties, and as funds permit.