La. Admin. Code tit. 22 § IX-207

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

Section IX-207 - Designated Sentence Ranges

A. The Appropriate Grid Cell

1. The offense of conviction determines the appropriate seriousness level on the vertical axis of the grid. See Chapter 4, §403 A, Sentencing Guidelines Grid.

2. The offender's criminal history index score determines the appropriate criminal history class on the horizontal axis of the grid.

3. The designated sentence range is found in the grid cell at the intersection of the row defined by the crime seriousness level and the column defined by the criminal history index.

B. Incarceration Sanction Zone Sentences

1. The incarceration sanction zone includes all cells above the shaded area. See Chapter 4, §403 A, Sentencing Guidelines Grid. The court should impose a sentence consisting exclusively of incarceration for typical cases located in this zone.

2. Each cell in this zone contains a designated sentence range of incarceration in months.

3. Designated sentences of incarceration permit the court to determine the manner in which the sentence is to be served, i.e., with or without hard labor, as provided by law.

C. Discretionary Sanction Zone Sentences

1. The discretionary sanction zone includes all cells in the shaded area. See Chapter 4, §403 A, Sentencing Guidelines Grid. Each cell in this zone contains a designated range of sanction units for use when an intermediate sanction is imposed and a designated sentence range in months for use when a sentence of incarceration is given.

2. For typical cases in this zone, the court should consider whether the offender should be sentenced to incarceration, to an intermediate sanction, or to a combination of the two, depending upon the circumstances of the particular case. If the court imposes an intermediate sanction or sanctions, the resulting intermediate sanction, or combination of intermediate sanctions, should be within the designated range of sanction units.

3. Incarceration sanctions which should be considered for cases in this zone include, but are not limited to, shock incarceration, work release, work-day release, incarceration as a condition of probation, and periodic incarceration, such as confinement at regular intervals (e.g., weekends).

D. Intermediate Sanction Zone

1. The intermediate sanction zone includes all cells below the shaded area. See Chapter 4, §403 A, Sentencing Guidelines Grid. For typical cases in this zone, the court should impose a sentence consisting of an intermediate sanction or sanctions unless a mandatory sentence of incarceration is required by law.

a. Intermediate sanctions include any sanction the court may impose other than incarceration in a jail or prison unless the term is served as periodic incarceration.

b. Intermediate sanctions include, but are not limited to, probation, intensive supervision, periodic incarceration, home incarceration, community service, in-patient treatment, out-patient treatment, economic sanctions, and denial of privilege, such as driver's license.

2. Each cell in this zone contains a designated range of sanction units which may be fashioned by the judge into a specific sentence with a combination of sanctions by utilizing the intermediate sanction exchange table . See Chapter 4, §403 D, Using the Intermediate Sanction Exchange Table.

3. The duration of intermediate sanction sentences will vary according to the sanction or sanctions selected by the court.

La. Admin. Code tit. 22, § IX-207

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Louisiana Sentencing Commission, LR 18:47 (January 1992).

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