La. Admin. Code tit. 22 § IX-205

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-205 - Criminal History Index Classification System

A. The Criminal History Index Classification System, hereinafter referred to as the criminal history index, is the method of evaluating an offender's criminal history in a uniform and consistent manner. The criminal history index is used to reflect increased levels of culpability for offenders who have previously been convicted of offenses or adjudicated delinquent. The index is based on computational rules which result in the assignment of varying points for certain prior convictions or adjudications.

B. Definitions

Crime Family - offenses which have been designated by the commission to be included within the same crime family based on similar interests protected and type of harm proscribed by the offenses. See Chapter 4, §402 D, Crime Family Table. Attempt, criminal conspiracy, inciting a felony, and accessory after the fact are considered to be in the same crime family as the completed offense or the offense to which the offender was an accessory. If a felony offense has not been designated to be included within a crime family, but the court determines that the offense is analogous to the offenses in a particular crime family, the court may treat that offense as included within the crime family for purposes of imposing sentence in a particular case. In such case, the court shall state for the record its reasons for finding that the offense was analogous to those of a particular crime family.

Crime-Free Time - a period of time during which the offender was not in a custody status, as defined below, and during which the offender has not committed an offense which subsequently results in a felony or misdemeanor conviction, as defined herein.

Custody Status - any form of criminal justice supervision resulting from a guilty plea, conviction, or an adjudication of delinquency including post conviction release or bail, confinement, probation, or parole.

Felony Adjudication - any unexpunged adjudication for delinquency by a court exercising juvenile jurisdiction:

a. for the offense of first degree murder, second degree murder, manslaughter, aggravated rape, forcible rape, simple rape, sexual battery, aggravated kidnapping, or armed robbery; or

b. for any felony offense if the defendant was under the age of 26 years at the time of the commission of the current offense; or

c. for any felony offense if the defendant was 26 years of age or older at the time of the commission of the current offense and the defendant previously had been convicted as an adult of a felony or a misdemeanor in which an element involved the use of a dangerous weapon.

Felony Conviction - for purposes of the guidelines, means a conviction for an offense punishable by a sentence of death or imprisonment, with or without hard labor, in excess of one year at the time of conviction, under the laws of this state, any other state, the United States, or any foreign government or country.

Misdemeanor Adjudication - any unexpunged adjudication for delinquency by a court exercising juvenile jurisdiction for an offense which, if committed by an adult, would be a misdemeanor, as defined herein.

Misdemeanor Conviction - for purposes of the guidelines, means any other conviction which is counted in the computation of criminal history score.

Prior Conviction or Prior Adjudication- for purposes of the guidelines, means a plea of guilty or nolo contendere, a verdict of guilty, a judgment of guilt, or an adjudication occurring before the conviction for the offense which serves as the basis for the current sentencing. A conviction which was set aside under the provision of C.Cr.P. 893 shall be included as a prior conviction. A plea of guilty under R.S. 40:983 shall be included as a prior conviction unless the defendant was subsequently discharged and the case dismissed.

C. Criminal History Index Factors

1. The criminal history index is based on points derived from the following factors:

a. prior felony convictions;

b. prior applicable misdemeanor convictions;

c. prior applicable adjudications of delinquency;

d. custody status at the time of the commission of the offense serving as the basis for the current conviction.

2. The Criminal History Index is composed of seven classes ranging from Class A, most serious criminal history, to Class G, least serious criminal history.

3. Method of Calculation

a. Prior felony convictions and adjudications: Score all prior felony convictions and applicable felony adjudications of delinquency by the number of points ascribed to the seriousness level of the offense of conviction as set forth in Chapter 4, §402. A and C. If the prior felony conviction is based on an unranked offense, i.e., not ranked in the crime seriousness ranking tables, the court may assign a seriousness score of one point to the conviction. If the court believes that a seriousness score of 1 point significantly under-represents the seriousness of the prior conviction, the judge may use the seriousness score of an analogous offense, provided the court states for the record why the unranked offense is analogous to the ranked offense which serves as the basis for the score.

b. Prior misdemeanor convictions and adjudications: Add 1/4 point, not to exceed a total of 1 point, for each qualifying misdemeanor. An offender's criminal history index score for misdemeanor convictions or adjudications shall not increase the offender's criminal history index more than one class. The following misdemeanor convictions or adjudications qualify:

i. any misdemeanor conviction for an offense in R.S. Title 14 or the Uniform Controlled Dangerous Substances Law of R.S. Title 40 or any local ordinance which is substantially similar to an offense in Title 14 or the Uniform Controlled Dangerous Substances Law of Title 40;

ii. any misdemeanor conviction for a traffic offense in R.S. Title 32 or local traffic ordinance substantially similar to any Title 32 traffic offense if the current offense of conviction involves the operation of a motor vehicle;

iii. any misdemeanor adjudication if, at the time of the commission of the current offense, the offender was under age 17, and is being prosecuted as an adult.

c. Prior similar criminal behavior: Add 1/2 point for each prior felony conviction or adjudication if the prior offense of conviction or adjudication is in the same crime family as the current offense of conviction. See Chapter 4, §402 D, Crime Family Table. The court also may add the additional 1/2 point if the court finds that the prior conviction or adjudication was analogous to the offenses in the crime family of the current offense, and states for the record the reasons for the finding.

d. Offenses committed during custody status: Add 1 point if the current felony offense was committed while the offender was in a custody status.

e. Multiple convictions on same day: Count only the most serious conviction or adjudication if more than one conviction or adjudication occurred on the same day.

La. Admin. Code tit. 22, § IX-205

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Louisiana Sentencing Commission, LR 18:46 (January 1992), repromulgated LR 18:166 (February 1992), amended LR 18:960 (September 1992), LR 19:892 (July 1993), LR 20:786 (July 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.