A sentencing system for the 21st century : Governor's Commission on Certainty in Sentencing final report

A Sentencing System
for the
21st Century
Governor's Commission
on
CERTAINTY IN SENTENCING
Final Report

Roy E. Barnes
Governor

Governor's Commission on
Certainty in Sentencing
270 Washington Street SW, Room 8030 Atlanta, Georgia 30303
(404) 657-6735 / (404) 656-3828 Fax

Adam Gelb
Executive Director

December 6, 2002
The Honorable Roy E. Barnes Governor State Capitol Atlanta, Georgia 30334
Dear Governor Barnes:
In fulfillment of Executive Order B-22-0336-2001, dated December 6, 2001, the Governor's Commission on Certainty in Sentencing has completed design of a new system for the sentencing of felony defendants in Georgia's Superior Courts.
During the past year, the Commission received and considered the results of extensive statistical analyses of historical sentencing practices in this State. The unprecedented type and volume of data served as the basis for a sustained and exhaustive discussion of a wide range of legal and public policy issues relating to the purposes of sentencing and incarceration, the protection of public safety, the efficient use of State resources, and the exercise of judicial discretion.
The new system we submit today reflects the Commission's conclusion that sentencing in Georgia must change. Use of Georgia's prisons must be more heavily concentrated on the criminals who pose the greatest danger to our communities, and credible alternatives must be created for drug offenders and others who do not need a hard time in prison.
Sentencing guidelines, based on defendants' instant criminal conduct and prior criminal history, offer the best way to make equitable decisions about which offenders go to prison, and to emphasize the incapacitation of violent, sexual and habitual offenders. The Sentencing Options System component of the guidelines offers a groundbreaking continuum of sanctions and programs for non-violent offenders who might otherwise serve prison sentences at great expense to the taxpayers of the State. With proper support and strong implementation, the Options System has the potential

to break the seemingly endless cycle of crime and addiction for thousands of offenders, ease the strain on Georgia's courts, jails and prisons, and make our communities safer.
The sentencing process and guidelines articulated in this report are the product of dedicated and nonpartisan work by representatives of the judiciary, prosecution and defense, law enforcement, victims of crime and corrections professionals from every region of Georgia. Through the commitment of Commission members and staff, and with the assistance of many others, we were able to produce a policy-based and fiscally prudent method of imposing consistent and proportional sentences on felony offenders across our State.
Grounded in research, refined by debate, easy to understand and apply, the guidelines will result in a timely attainment of the critical goals articulated in the Commission's Executive Order. We recommend them enthusiastically to the Council of Superior Court Judges of Georgia for adoption by the Supreme Court of Georgia as a supplement to the Uniform Rules for Superior Courts.
We are grateful for having had the opportunity to serve this State in this most important project, and we look forward to the full implementation of the guidelines over the next year.
Respectfully,

Walter J. Matthews Judge Rome Judicial Circuit Co-Chairman

Robert E. Keller District Attorney Clayton Judicial Circuit Co-Chairman

STATEMENT FROM THE EXECUTIVE DIRECTOR
Depending on who is talking, Georgia's sentencing and corrections system either is doing just fine or is on the brink of collapse. In the optimistic view, the police catch a lot of bad guys, judges mete out sentences that comport with local standards, and the prisons bulge but parole manages to keep the lid from blowing off. There isn't an outcry for tougher sentencing we've already got a "two-strikes" law for goodness sakes and crime issues barely merited mention during the recent election. Perhaps some alarms are beginning to sound, but that's happened before and the system has always adjusted and landed on its feet. In the second, more menacing view, disparity in sentencing is rampant not only between the races, but between urban and rural Georgia, and even from courtroom to courtroom in the same courthouse. Early paroles render sentences meaningless and destroy the public's faith in the system. Criminal cases have swamped the Superior Courts and crowded out civil matters. The State's incarceration rate stands near the top of the national heap, yet crime and drug abuse still ravage families and neighborhoods. Even though Georgia has led the nation in prison building over the past four years, an additional 10,000 inmates are expected over the next five years, and there simply isn't the money in State coffers to lock them up. The reality, of course, lies somewhere in between. But it's hard to know exactly how dire the situation will be a year from now, much less predict what it will look like five or 10 years down the road. That's because as it stands, the criminal justice system really isn't a system at all. Rather, it's a fragmented constellation of judges, district attorneys, defense lawyers, probation officers, victim advocates and others each with his own priorities, each seeking his ideal of justice in thousands of individual cases. The new sentencing system designed by the Governor's Commission on Certainty in Sentencing establishes, for the first time, a common set of priorities and standards for sentencing felons in Georgia. Through a year of comprehensive research and thoughtful deliberation, a group of justice system professionals from across the State, led by one of the State's most respected judges and one of its most respected district attorneys, came to consensus on the key questions: How can the severity of offenses and offenders be measured? Who should go to prison and for how long? What should a credible system of alternatives look like for those who don't need a prison cell? How can a new sentencing process be made straightforward and easy to use? The resulting plan offers the State a rare opportunity to bring greater coherence, rationality, fairness and leadership to the mammoth, disjointed and frighteningly costly system of justice. It provides a mechanism to strike the right balance between the competing demands of certainty and discretion, punishment and rehabilitation, public safety and public spending. Under guidelines, real and perceived disparities should dwindle. Courts should have more options that allow punishments to fit the crimes. Violent criminals should serve longer terms behind bars, and the revolving door for repeat drug offenders should significantly slow. Victims should feel greater satisfaction in knowing there is "truth" in the numbers they hear in court. The risky, billion-dollar business of projecting prison growth should take on a confident new air. Since 1980, almost half the states have adopted some form of sentencing guidelines. With the advantage of that hindsight, the Georgia Commission has embraced the successes and
iii

discarded the failures. Most notably, the Commission's proposal recognizes that the more guidelines try to envision and prescribe value to an endless variety of criminal conduct, the more judges and prosecutors will need to circumvent them to do justice in distinct cases. This fundamental understanding produced a sentencing framework that bares strikingly little resemblance to the widely disparaged federal system, one that is flexible rather than rigid:
The Georgia grids, one for violent/property crimes and one for drug offenses, contain just 35 cells (sentence recommendations) each, while the Federal matrix pigeon holes criminal conduct into 258 different boxes.
The Georgia sentencing ranges are significantly broader, usually jumping 100% from the lowest to highest recommended length, compared to Federal ranges of just 11%.
Many of the Georgia cells recommend two or more types of sentences, putting sentencing options on the table rather than taking them off.
Everything one needs to know about the Georgia guidelines fits on less than 20 pages; the Federal manual and appendices now total a staggering 1,500.
While guidelines even this flexible may get mixed reviews, the Commission's proposed Sentencing Options System should be greeted with near universal approval. After more than 15 years fighting the current war on drugs, judges, prosecutors and defense attorneys alike are frustrated and ready for a change. The Options System would be the largest and strongest alternatives program in the nation, combining treatment with swift and certain administrative penalties for failed drug tests and other violations. Drug courts in Georgia and elsewhere have demonstrated 50% cuts in recidivism working with a few hundred offenders at a time. The Options System would apply a similar carrot-and-stick approach on a massive scale, big enough to make a dent in drug-related crime that could be felt in every community across the State. Inevitably, some will see the Commission's plan as too soft or too tough, too flexible or too strict. To be sure, the role of parole under guidelines must be resolved, and adjustments to the guidelines themselves made as they are phased in across the State. But the Commission has constructed a system that powerfully advances the twin goals of crime control and justice, and in doing so it lays a solid foundation for the future of sentencing and corrections in Georgia.
Adam Gelb Executive Director
iv

COMMISSION MEMBERS AND STAFF
COMMISSION MEMBERS
Judge Walter J. Matthews, Co-Chair Rome Judicial Circuit District Attorney Robert E. Keller, Co-Chair Clayton Judicial Circuit Representative Tom Bordeaux Chair, House Judiciary Committee Judge Martha C. Christian Macon Judicial Circuit Dr. Betty Ann Cook State Board of Pardons and Paroles Public Defender Terry Everett Houston Judicial Circuit Senior Judge Robert E. Flournoy, Jr. Cobb Judicial Circuit Chief Judge Loring A. Gray, Jr. Dougherty Judicial Circuit Solicitor-General J. William Harvey Wayne County District Attorney Kenneth B. Hodges Dougherty Judicial Circuit
COMMISSION STAFF
Adam Gelb Executive Director Randall W. Duncan, Esq. Legal Director Crucita Worthy Paralegal

Ms. Brenda Hoffmeyer Director, Victim/Witness Program Conasauga Judicial Circuit
Senator Ren D. Kemp Chair, Senate Judiciary Committee
Sheriff Ronnie Kimball Haralson County
Jack Martin, Esq. Martin Brothers, P.C., Atlanta
Chief Bobby D. Moody Marietta Police Department
Judge John E. Morse, Jr. Eastern Judicial Circuit
Senior Judge James W. Oxendine Gwinnett Judicial Circuit
Judge Herman Sloan Municipal Court of Atlanta
Commissioner Jim Wetherington Department of Corrections

v

ACKNOWLEDGEMENTS
Alan Adams Probation Division Director Georgia Department of Corrections
Peter Adams Criminal Justice Coordinating Council
Tracy Atcheson Office of Planning and Budget
L. Gale Buckner Director Criminal Justice Coordinating Council
Tim Carr, Ph.D. Department of Corrections
Cynthia Clanton General Counsel Administrative Office of the Courts
Rod Coggin Deputy Director Office of Planning and Budget
Michael Cuccaro Council of Superior Court Judges
Elaine DeCostanzo Office of Planning and Budget
Donna Dixon Georgia Council on Substance Abuse
Greg Dozier Office of Planning and Budget
Chuck Freedman Georgia Technology Authority
Judy Hadley Office of Planning and Budget
Bill Holland Deputy Director Georgia Bureau of Investigations
Joe Hood Criminal Justice Coordinating Council
Casey Jackson Administrative Office of the Courts
Ron Jackson Division Director Office of Planning and Budget
Sharon Johnson Applied Research Services
Zahra Karinshak Deputy Executive Counsel Governor's Office
Tom Lawler Council of Superior Court Clerks
Michael Light Member State Board of Pardons and Paroles

Jay Martin Deputy Director Administrative Office of the Courts
Tracy Masters State Board of Pardons and Paroles
Amy McLarty Office of Planning and Budget
Howard Mead Executive Counsel Governor's Office
Tammy Meredith, Ph.D. Applied Research Services
Nancy Mier Office of Planning and Budget
Michael Nail Department of Corrections
Brian Owens Executive Asst. to the Commissioner Department of Corrections
Beth Oxford Programs Division Director Department of Corrections
Rex Pair Department of Corrections
Molly Perry Executive Director Council of Superior Court Judges
John Prevost State Board of Pardons and Paroles
Michael Shapiro Executive Director Georgia Indigent Defense Council
Marty Sik Office of Planning and Budget
Debra Slaughter Department of Corrections
John Speir, Ph.D. Applied Research Services
Mike Sullivan State Board of Pardons and Paroles
Jimmy Taylor Department of Juvenile Justice
Jill Travis Office of Legislative Counsel
Mary Beth Westmoreland Attorney General's Office
Dianne Williams Criminal Justice Coordinating Council
vii

TABLE OF CONTENTS
Co-Chairs Transmittal Letter ......................................................................................................................................i Statement from the Executive Director ..................................................................................................................iii Commission Members and Staff ..............................................................................................................................v Acknowledgments ......................................................................................................................................................vii Table of Contents ........................................................................................................................................................ix System Summary ........................................................................................................................................................1 Notes on Sentencing Guidelines Grids ................................................................................................................3 Georgia Sentencing Information Report ................................................................................................................5 Violent/Property Offense Grid ..................................................................................................................................7 Violent/Property Offense Spread Sheet (Including Historical Data) ..............................................................8 Drug Offense Grid ......................................................................................................................................................9 Drug Offense Spread Sheet (Including Historical Data) ................................................................................10 Felony Offense Levels ..............................................................................................................................................11 Applying the Guidelines ..........................................................................................................................................13 Sentencing Options System ..................................................................................................................................21 Proposed Court Rule................................................................................................................................................27 Appendices (in some versions) Georgia Sentencing System Indicators Selected State Guidelines Issues Commission and Committee Meeting Minutes
ix

GEORGIA'S SENTENCING GUIDELINES SYSTEM SUMMARY

GOALS
Establish certainty in sentencing by providing an equitable starting point for and reducing variation in sentencing similar offenders for similar offenses
Concentrate prison capacity on violent, sex and career offenders Develop a broad array of sentencing options that allow punishments to fit the crimes Maintain a responsible relationship between sentences and correctional resources Maintain meaningful judicial discretion to individualize sentences
BACKGROUND
Six related State study commissions over the past 35 years 1999 90-Day Commission recommends guidelines, more sentencing options Dec. 6, 2001 Gov. Barnes swears in 19-member Commission to design new system 2002 prison population nears 50,000; FY 2003 Corrections budget breaks $1 billion mark About half the States and the Federal system currently have sentencing guidelines Federal system rejected by Georgia Commission as too rigid and cumbersome
COMMISSION WORK
Extensive analyses of current (1999-2001) Georgia sentencing and release data 3,000-case supplemental data collection to identify more detailed sentencing patterns This data used to determine Offense and Offender levels and guideline recommendations Extensive analysis of other states' sentencing systems and related research
GUIDELINES SENTENCING PROCESS
Offense Levels determined by most serious crime of conviction Offender Levels determined by count of prior felony and misdemeanor convictions Intersection of Offense and Offender levels determines placement of case on grid Separate grids created for Violent/Property offenses and Drug offenses Some statutorily broad offenses separated into different Offense Levels (Ex: Residential vs.
Nonresidential Burglary; Drug Sales with and without a Gun) Each grid block contains recommended sentence type and length Guidelines are silent on concurrent vs. consecutive sentences in multiple count cases Mandatory minimum sentences are not affected by the guidelines List of Departure Factors provided for easy reference and tracking of reasons for sentences
outside the guidelines range; short space provided for additional explanation Sentences not subject to review or appeal (other than that provided under current law) Prosecutor (generally) completes 1-page Sentencing Information Report
NEW "OPTIONS" SENTENCES
Guidelines sentence recommendations include "Secure Options" and "Community Options" Secure Options: Probation Detention, Diversion and Treatment Centers, Boot Camps Community Options: Intensive Probation, Day Report Centers, Electronic Monitoring Options System designed to target offenders on the fence between prison and probation Allows judge to sentence under current practice (specifying and/or stacking different
alternatives) but adds choice of directing Department of Corrections to manage violations of General and Special Conditions of Probation Options offenders are moved up and down the ladder of custody and supervision levels through an administrative process within DOC, reducing VOP cases in court and jail New crimes are returned to court; Judge can request return of Special Condition violations Courts may specify an Initial Sanction and a Sanction Cap to limit Corrections flexibility

A Sentencing System for the 21st Century

1

NOTES ON SENTENCING GUIDELINE GRIDS
1. The Offense Levels, Offender Levels and sentence recommendations on the grids reflect extensive analysis of felony sentencing and release practices in Georgia during the period 1999-2001.
2. The Commission established separate grids for violent/property offenses and drug offenses. The grids are represented in this report in three different ways:
As a "cheat sheet" on the back of the Sentencing Information Report; Enlarged for easy reading; In spreadsheet format for ready comparison of guidelines recommendations and
historical sentencing practices.
3. In providing 100 percent time to serve figures, the Commission does not intend in any way to suggest elimination of the release "window," or period of time between inmates' minimum and maximum possible release dates. The Commission adopts the "certainty in sentencing" policy requirement that all inmates must serve all of their court-imposed sentences, but also recognizes that the Department of Corrections and State Board of Pardons and Paroles must maintain a narrow release window at the end of the prison term to manage inmates' conduct and compliance with programming designed to reduce recidivism.
4. The Commission recommends that the guidelines be implemented in phases (by judicial circuit or district) to ensure thorough training and to allow for adjustments in procedures and sentence recommendations. The Commission understands that as the guidelines become integrated throughout the sentencing and correctional system, the resulting impact must be continually reviewed and modifications made to reflect the needs of the State.
5. The Commission's independent research consultants, Applied Research Services, Inc., simulated the impact of the grids on the state's prison population following the Commission's final recommendations on the sentence types, target and range for each grid cell. The simulation employs the most highly sophisticated technology ever used for projecting correctional populations, and assumes both strict adherence to the guidelines and a constant level of felony convictions over the next five years. The projection model estimates that after one year in place, the guidelines would result in a significant shift in prison admissions toward more violent, sex and career criminals. Specifically, it is estimated that:
The percent of violent admissions would rise to 42% from 24% today; The volume of sex offender admissions would double to 15% from 7% today; Drug sales admissions would remain steady at 11% while the proportion of admis-
sions for drug possession would drop to 4% from 17%; Property crime admissions would fall to 19% from 30%; Admissions for other crimes would decline to 9% from 11%.

A Sentencing System for the 21st Century

3

CASE

OFFENSE

OFFENDER

GEORGIA SENTENCING INFORMATION REPORT

PLEASE
PRINT

NAME: (last) ____________________________________ (first)________________________________ (middle) __________________

SID: __________________________________________ DOB: (MM/DD/YYYY) _______/_______/____________ SEX: M F

CIRCUIT: ______________________ COUNTY: ______________________ SENTENCE DATE: _________________________________

DOCKET #(S): _________________________________________________

TRIAL TYPE: Negotiated Plea Blind Plea Bench Trial Jury Trial

SENTENCE TYPE: Original Other ____________________

List most serious offense first. Note drug type and quantity.
OCGA Offense: ____________________________________________ Counts: ________ Grid Label: ____________________________________________ Code: ________
OCGA Offense: ____________________________________________ Counts: ________ Grid Label: ____________________________________________ Code: ________
OCGA Offense: ____________________________________________ Counts: ________ Grid Label: ____________________________________________ Code: ________

OFFENSE LEVEL

Count prior felony and non-traffic misdemeanor convictions. Add 1 point for each additional felony conviction above scale.

VIOLENT/SEX 1 = 5 pts 2 = 9 pts

PROPERTY 1 = 2 pts 2 = 4 pts 3 = 6 pts 4 = 8 pts

DRUG 1 = 2 pts 2 = 4 pts 3 = 5 pts 4 = 7 pts

OTHER 1 = 2 pts 2 = 3 pts

MISD. 2+ = 1 pt

+

+

+

+

=

POINT TOTAL
0-1 pts 2-4 pts 5-6 pts 7-9 pts 10+ pts

OFFENDER LEVEL
1 2 3 4 5

Check all that apply.

GUIDELINES RECOMMENDATION

SANCTION CAP
Prison Secure Options Community Options Probation

INITIAL SANCTION
Secure Options Community Options Probation

Check only one each.

SENTENCE IMPOSED

SANCTION CAP
Prison Secure Options Community Options Probation

INITIAL SANCTION
Secure Options Community Options Probation

months to

months

months +

months Post-Prison Supervison

SPECIAL CIRCUMSTANCES

CONSECUTIVE

STATUTORY RECIDIVIST

MANDATORY MINIMUM

FIRST OFFENDER ACT

SANCTION DETAIL (if any): __________________________________________________________________________________
DEPARTURE Enter code(s) in box(es) below. Provide comments in spaces provided.

______________________________________________________________________________________________________________

______________________________________________________________________________________________________________

PROSEC. ATTORNEY: ______________________________________________ FORM COMPLETED BY: ______________________________________

DEFENSE ATTORNEY: ______________________________________________

TITLE: ______________________________________

JUDGE: ______________________________________________

PHONE: ______________________________________

SENTENCE

Form shown is a sample which has been reduced for printing purposes. Do not duplicate.

VIOLENT/PROPERTY OFFENSES

EXAMPLE OFFENSES

OFFENSE LEVEL

1

Murder

Murder

A1

Agg. Child Molestation

Armed Robbery

A2

Rape

Vol. Manslaughter

Child Molestation

Robbery

A3

Invol. Manslaughter

Agg. Assault (Intent Murder/Rape/Rob)

Burglary (Residential)

Agg. Battery

B1

Arson 1st Degree

Cruelty to Children (Injury)

Burglary (NonResidential)

Agg. Stalking Agg. Assault (No Intent Murder/Rape/Rob)

B2

Obstruct Law Enforcement

Driving Habitual Violator

Felon Possess Firearm Perjury

C

Thefts $5000 or more

Forgery 1st Degree Terroristic Threats

D

Criminal Damage 1st Degree

Thefts less than $5000

Entering Vehicle Financial Trans. Card Fraud

E

Criminal Damage 2nd Degree

P 120 120 - 156
P/SO 48
36 - 60
SO/P 34
16 - 40
SO/CO/PB (PB) 18
12 - 24
SO/CO/PB (PB) 12
12 - 18
CO/PB (PB)
PB

2

3

4

LIFE, LIFE W/O PAROLE OR DEATH

P 132 120 - 180
P/SO 52
40 - 72
P/SO 40
22 - 54
SO/CO/PB (CO) 20
15 - 30
SO/CO/PB (CO) 15
12 - 24
CO/PB (PB)
PB

P 156 132 - 204
P/SO 60
54 - 86
P/SO 46
36 - 72
SO/CO/P (SO) 24
18 - 36
SO/CO/PB (CO) 18
15 - 30
CO/PB/SO (PB) 12
12 - 18
PB/CO (PB)

P 168 144 - 216
P/SO 66
60 - 96
P/SO 54
48 - 86
SO/P 30
24 - 48
SO/CO/P (SO) 24
18 - 36
SO/CO/PB (CO) 12
12 - 24
CO/PB/SO (PB) 12
12 - 18

5
P 180 168 -240
P 76 70 - 140
P 65 60 - 120
P/SO 42
36 - 60
P / SO 36
24 - 48
SO/CO/P (SO) 18
15 - 30
SO/CO/P (CO) 15
12 - 24

EXAMOPFLEFEONSFEFESNSES
Trafficking Any Offense

OFFENSE LEVEL
T

Sale/Any Drug/Any Amount/With Gun

S1

Substantial Commercial SAcatleivity

S2

Sale Cocaine/Other

S3

Sale Marijuana

S4

Possess. Cocaine/Other 1 oz. +
P1
Possess. Marijuana 1 lb. o+r more

Possess. Cocaine/Other less than 1 oz.

P2

Possess. Marijuana less than 1 lb.

P3

1
P/SO 60
36 - 72
SO/P 30
24 - 36
SO 15 12 - 24
SO (CO) 12
12 - 18
SO 18 12 - 36
SO (PB) 12
12 - 18
SO (PB) 12
12 - 15

2

3

4

STATUTORY MINIMUMMAXIMUM

P 84 48 - 96
P/SO 36
30 - 48
SO 18 15 - 30
SO (CO) 18
12 - 24
SO 24 18 - 42
SO (CO) 15
12 - 21
SO (PB) 12
12 - 18

P 120 72 - 144
P/SO 48
36 - 60
SO/P 24
18 - 36
SO 24 15 - 30
SO/P 40
24 - 60
SO 18 15 - 24
SO (CO) 15
12 - 21

P 138 96 - 168
P 66 48 - 72
P/SO 30
24 - 48
SO/P 30
18 - 36
P/SO 48
36 - 72
SO 21 18 - 30
SO (CO) 18
12 - 24

5
P 156 120 - 180
P 84 60 - 120
P 42 36 - 60
P/SO 36
24 - 48
P 60 48-84
SO/P 24
18 - 36
SO 21 12 - 36

DEPARTURE FACTORS

OFFENSE
1. Impact on victim 2. Prior violence against victim 3. Victim age/mental/physical capacity 4. Economic impact 5. Abuse of position of trust 6. Def. age/mental/physical capacity 7. Degree of intended harm 8. Restitution

DRUG
10. Drug type 11. Drug quantity 12. Organization 13. Conduct 14. Location 15. Currency 16. Addiction 17. Treatment

GENERAL
20. Possession or use of weapon 21. Role of defendant 22. Assistance to law enforcement 23. Community or family support 24. Acceptance of responsibility 25 Negotiated plea 26. Other

OFFENDER
30. Over/understates 31. Misdemeanors 32. Juvenile record 33. Same offense type 34. Supervision failure 35. Legal status at arrest 36. Frequency

QUESTIONS?
Call 800-XXX-XXXX
or visit www. gasentencing.org

DRUG OFFENSES

Form shown is a sample which has been reduced for printing purposes. Do not duplicate.

VIOLENT/PROPERTY OFFENSE GRID

OFFENSE

EXAMPLE OFFENSES

LEVEL

1

2

3

4

5

Murder

A1

LIFE, LIFE W/O PAROLE OR DEATH

Agg. Child Molestation

Armed Robbery Rape

A2

Vol. Manslaughter

Child Molestation

Robbery

Invol. Manslaughter

A3

Agg. Assault

(Intent Murder/Rape/Rob)

Burglary (Residential)

Agg. Battery

B1

Arson 1st Degree

Cruelty to Children (Injury)

Burglary (NonResidential)

Agg. Stalking

Agg. Assault

B2

(No Intent Murder/Rape/Rob)

Obstruct Law Enforcement

Driving Habitual Violator

Felon Possess Firearm

C

Perjury

P
120
120 - 156

P
132
120 - 180

P
156
132 - 204

P
168
144 - 216

P/SO
48
36 - 60

P/SO
52
40 - 72

P/SO
60
54 - 86

P/SO
66
60 - 96

SO/P
34
16 - 40

P/SO
40
22 - 54

P/SO
46
36 - 72

P/SO
54
48 - 86

SO/CO/PB (PB)
18
12 - 24

SO/CO/PB (CO)
20
15 - 30

SO/CO/P (SO)
24
18 - 36

SO/P
30
24 - 48

SO/CO/PB (PB)
12
12 - 18

SO/CO/PB (CO)
15
12 - 24

SO/CO/PB (CO)
18
15 - 30

SO/CO/P (SO)
24
18 - 36

P
180
168 -240
P
76
70 - 140
P
65
60 - 120
P/SO
42
36 - 60
P/SO
36
24 - 48

Thefts $5000 or more Forgery 1st Degree Terroristic Threats

CO/PB (PB)

CO/PB (PB) CO/PB/SO (PB) SO/CO/PB (CO) SO/CO/P (SO)

D

12

12

18

Criminal Damage 1st Degree

12 - 18

12 - 24

15 - 30

Thefts less than $5000

PB

Entering Vehicle Financial Trans. Card Fraud

E

Criminal Damage 2nd Degree

PB

PB/CO (PB)

CO/PB/SO (PB) SO/CO/P (CO)

12

15

12 - 18

12 - 24

Sentence Types P = Prison SO = Secure Options CO = Community Options PB = Probation
When multiple recommended sanctions are listed in a cell, they appear from left to right in the order of preference established by the Commission.
The sentence type noted in parentheses is the recommended "Initial Sanction" when an offender is sentenced to the Options System.

Sentence Target The bold number in the center of each cell refers to the preferred sentence length (in months) for the typical case that falls into that cell.
A recommendation of 12 months means 1 year.
Sentence Range In each cell, the upper and lower months of the range establish the limits of a non-departure sentence, which should be expressed as a single number of months.
The "Target" within the cell refers to the sentence length of preference, as recommended by the Commission, for the typical felony case.

Time to Serve All recommendations of sentence types and lengths reflect actual time to serve (in months).
For prison sentences, a period of post-prison supervision should be added to the recommended length of time to serve. The guidelines recommend a minimum of 12 months post-prison supervision for all prison sentences, including mandatory minimum prison terms.

A Sentencing System for the 21st Century

7

8

Georgia Sentencing Guidelines

DRUG OFFENSE GRID

OFFENSES

OFFENSE

1

LEVEL

2

3

4

5

Trafficking Any Offense

T

STATUTORY MINIMUMMAXIMUM

Sale/Any Drug/Any Amount/

S1

With Gun

P/SO
60
36 - 72

P
84
48 - 96

P
120
72 - 144

P
138
96 - 168

P
156
120 - 180

Substantial Commercial Activity S2

SO/P
30
24 - 36

P/SO
36
30 - 48

P/SO
48
36 - 60

P
66
48 - 72

P
84
60 - 120

Sale Cocaine/Other

S3

Sale Marijuana

S4

Possess. Cocaine/Other 1 oz. + P1
Possess. Marijuana 1 lb. +

Possess. Cocaine/

Other less than 1 oz.

P2

SO
15
12 - 24
SO (CO)
12
12 - 18
SO
18
12 - 36
SO (PB)
12
12 - 18

SO
18
15 - 30
SO (CO)
18
12 - 24
SO
24
18 - 42
SO (CO)
15
12 - 21

SO/P
24
18 - 36
SO
24
15 - 30
SO/P
40
24 - 60
SO
18
15 - 24

P/SO
30
24 - 48
SO/P
30
18 - 36
P/SO
48
36 - 72
SO
21
18 - 30

P
42
36 - 60
P/SO
36
24 - 48
P
60
48-84
SO/P
24
18 - 36

Possess. Marijuana less than 1 lb.

SO (PB)

P3

12

12 - 15

SO (PB)
12
12 - 18

SO (CO)
15
12 - 21

SO (CO)
18
12 - 24

SO
21
12 - 36

Sentence Types P = Prison SO = Secure Options CO = Community Options PB = Probation
When multiple recommended sanctions are listed in a cell, they appear from left to right in the order of preference established by the Commission.
The sentence type noted in parentheses is the recommended "Initial Sanction" when an offender is sentenced to the Options System.

Sentence Target The bold number in the center of each cell refers to the preferred sentence length (in months) for the typical case that falls into that cell.
A recommendation of 12 months means 1 year.
Sentence Range In each cell, the upper and lower months of the range establish the limits of a non-departure sentence, which should be expressed as a single number of months.
The "Target" within the cell refers to the sentence length of preference, as recommended by the Commission, for the typical felony case.

Time to Serve All recommendations of sentence types and lengths reflect actual time to serve (in months).
For prison sentences, a period of post-prison supervision should be added to the recommended length of time to serve. The guidelines recommend a minimum of 12 months post-prison supervision for all prison sentences, including mandatory minimum prison terms.

A Sentencing System for the 21st Century

9

10

Georgia Sentencing Guidelines

FELONY OFFENSE LEVELS

__O_f_fe_n_s_e__________________________________________C_o_d_e_______L_e_v_e_l _ __A_b_a_nd_o_n_m_e_nt_o_f_C_h_il_d_________________________________O__32_0_________C___ __A_g_g_ra_v_at_ed__A_ss_a_u_lt_- _In_te_n_t _M_u_rd_e_r/_R_a_p_e/_R_o_b__________________V_1_5_7________A_3___ __A_g_g_ra_v_at_ed__A_ss_a_u_lt_- _P_e_ac_e_O_f_fi_ce_r_________________________V_1_4_5________A_3___ __A_g_g_ra_v_at_ed__A_ss_a_u_lt_- _N_o_In_t_en_t_M_u_r_de_r_/R_a_p_e_/R_o_b________________V_1_9_0________B_2___ __A_g_g_ra_v_at_ed__B_a_tte_r_y ____________________________________V1_7_0________B_1___ __A_g_g_ra_v_at_ed__C_h_ild__M_o_le_st_a_tio_n_____________________________V_1_0_8________A_2___ __A_g_g_ra_v_at_ed__S_e_xu_a_l B_a_t_te_ry_______________________________V_1_1_9________A_2___ __A_g_g_ra_v_at_ed__S_o_do_m_y___________________________________V_1_1_1________A_2___ __A_g_g_ra_v_at_ed__S_ta_lk_in_g___________________________________V_1_6_9________B_2___ __A_lt_er_I_D___________________________________________P_2_4_2_________E___ __A_rm__ed__R_ob_b_e_ry______________________________________V_1_2_6________A_2___ __A_rs_o_n_-_1_s_t _D_eg_r_ee____________________________________P_2_4_0________B_1___ __A_rs_o_n_-_2_n_d_D_e_g_re_e___________________________________P_2_4_8________B_2___ __A_tt_e_m_p_t A_g_g_r_av_a_te_d_A_s_s_au_l_t -_I_nt_e_nt_M__R_R_____________________V_1_6_7________B_1___ __A_tt_e_m_p_t A_g_g_r_av_a_te_d_A_s_s_au_l_t -_N_o__In_te_n_t _M_R_R____________________V1_7_3_________C___ __A_tt_e_m_p_t A_g_g_r_av_a_te_d_S_o_d_o_m_y_____________________________V_1_3_0________A_3___ __A_tt_e_m_p_t A_r_m_e_d_R_o_b_b_er_y________________________________V_1_4_4________A_3___ __A_tt_e_m_p_t K_i_d_na_p_p_in_g___________________________________V_1_2_4________A_3___ __A_tt_e_m_p_t N__on_-_R_es_id_e_n_ti_al_B_u_rg_la_r_y__________________________P_2_0_3_________C___ __A_tt_e_m_p_t R_a_p_e_______________________________________V_1_3_4________A_3___ __A_tt_e_m_p_t R_e_s_id_e_n_tia_l_B_u_rg_la_r_y _____________________________P_1_6_1________B_2___ __A_tt_e_m_p_t R_o_b_b_e_ry_____________________________________V_1_8_1________B_1___ __B_a_d_C_h_e_c_ks________________________________________P_2_8_6_________E___ __B_a_il _Ju_m_p_i_ng________________________________________O__33_3_________D___ __B_ri_b_er_y___________________________________________O__37_4_________D___ __B_u_rg_la_r_y _- _N_on_-_R_es_i_de_n_ti_al_______________________________P_2_0_2________B_2___ __B_u_rg_la_r_y _- _R_es_id_e_n_ti_al__________________________________P_1_4_0________B_1___ __C_a_rr_y_W_e_a_p_o_n _S_ch_o_o_l _________________________________O__35_8_________E___ __C_a_rr_yi_n_g_a_C_o_n_c_ea_le_d_W__e_ap_o_n_(_2_nd__C_o_nv_.)____________________O__35_4_________E___ __C_h_il_d _M_o_le_s_ta_ti_on_____________________________________V_1_5_0________A_3___ __C_o_n_tr_ib_u_te_D_e_li_nq_u_e_n_cy__M_in_o_r ____________________________O__31_8_________C___ __C_r_im_in_a_l _D_am__ag_e_P_r_o_pe_r_ty_-_1_s_t _D_eg_r_e_e______________________P_2_2_6_________D___ __C_r_im_in_a_l _D_am__ag_e_P_r_o_pe_r_ty_-_2_n_d_D_e_g_re_e______________________P_2_5_2_________E___ __C_r_im_in_a_l _In_te_rf_e_re_n_ce__P_ub_l_ic_P_r_op_e_rt_y________________________P_2_7_6_________E___ __C_r_ue_lt_y_to__C_h_ild_r_en__- N_o__In_ju_ry_____________________________V_1_5_3________B_2___ __C_r_ue_lt_y_to__C_h_ild_r_en__- W__it_h_In_ju_r_y ___________________________V_1_7_1________B_1___ __D_e_fr_au_d_in_g_S_t_a_te_____________________________________P_2_6_0_________E___ __D_o_g_fig_h_ti_n_g________________________________________O__34_2_________E___ __D_U_I_w_it_h_In_ju_r_y ______________________________________O__19_3________B_2___ __E_n_te_ri_ng__V_eh_ic_l_e _____________________________________P_2_4_4_________E___ __E_n_tic_i_ng__C_hi_ld_f_o_r _In_de_c_e_n_t _Pu_r_p_os_e_s________________________V_1_8_5________B_1___ __E_s_ca_p_e___________________________________________O_3_4_6________B_2___ __F_a_ls_e _Im_p_r_is_on_m_e_n_t ___________________________________V_1_8_3________B_2___ __F_a_ls_e _P_u_bl_ic_A_la_r_m____________________________________O__35_6_________E___ __F_a_ls_e _S_ta_te_m_e_n_ts__G_o_ve_rn_m_e_n_t____________________________O_3_6_4_________D___ __F_a_ls_e_S_w_e_ar_in_g_W__rit_te_n_S_t_a_te_m_e_n_t _________________________O__33_0_________E___ __F_a_m_ily_V_i_ol_en_c_e______________________________________V_1_9_9________B_1___ __F_o_rg_e_ry_-_1_s_t _D_eg_r_e_e__________________________________O_3_6_6_________D___ __F_o_rg_e_ry_-_2_n_d_D_e_g_re_e__________________________________O_3_6_8_________E___ __F_T_C_F_ra_u_d_$_5_,0_0_0_+___________________________________P_2_9_5_________D___ __F_T_C_F_ra_u_d_<_$_5_,0_0_0___________________________________P_2_9_3_________E___ __F_T_C_T_h_ef_t _F_or_g_er_y____________________________________P_2_8_8_________E___ __H_a_b_itu_a_l _V_io_la_to_r_-_N_o_Im__pa_i_rm_e_n_t __________________________O_3_6_9_________C___ __H_a_b_itu_a_l _V_io_la_to_r_-_Im_p_a_ir_ed_______________________________O__14_3________B_2___ __H_ij_ac_k_in_g_M_o_t_o_r V_e_h_ic_le_________________________________V_1_3_5________A_2___ __H_in_d_e_ri_ng__A_pp_r_e_he_n_s_io_n________________________________O__35_0_________E___

__O_f_fe_n_s_e__________________________________________C_o_d_e_______L_e_v_e_l _ __Im_p_e_r_so_n_a_tio_n_______________________________________O_3_4_4_________E___ __In_c_e_st____________________________________________V_1_5_5________A_3___ __In_f_lu_en_c_e_W__itn_e_s_s____________________________________O__31_4_________C___ __In_t_er_fe_re_n_c_e_w_it_h_C_u_s_to_d_y_______________________________O__35_2_________E___ __In_v_o_lu_nt_a_ry_M_a_n_s_la_u_gh_t_er________________________________V_1_3_9________A_3___ __K_id_n_a_pp_i_ng_________________________________________V_1_0_5________A_2___ __M_u_rd_e_r___________________________________________V_1_0_1________A_1___ __O_b_s_tr_uc_t_L_a_w_E_n_fo_r_ce_m_e_n_t ______________________________O_3_8_0________B_2___ __P_e_ep_i_ng__To_m________________________________________O__37_2_________E___ __P_e_rju_r_y ___________________________________________O__31_2_________C___ __P_o_ss_e_s_s _C_o_c_ai_ne_/_O_th_e_r _1_o_z_.+____________________________D_5_3_2________P_1___ __P_o_ss_e_s_s_C_o_c_ai_ne_/_O_th_e_r_<_1_o_z_. ___________________________D_5_1_2________P_2___ __P_o_ss_e_s_s _M_a_ri_ju_an_a_1__lb_.+________________________________D_5_2_3________P_1___ __P_o_ss_e_s_s _M_a_ri_ju_an_a_<_1_l_b.________________________________D_5_0_6________P_3___ __P_o_ss_e_s_s _B_u_rg_la_ry__To_o_ls_________________________________O__37_6_________E___ __P_o_ss_e_s_s _F_ire_a_rm__C_o_n_vi_ct_e_d_F_e_lo_n__________________________O__30_2_________C___ __R_a_ck_e_te_e_ri_n_g _______________________________________O__36_2________A_3___ __R_a_p_e ____________________________________________V_1_1_5________A_2___ __R_e_c_ei_ve__G_o_od_s_/S_e_r_vi_ce_s_F_r_au_d____________________________P_2_9_8_________E___ __R_e_c_kl_es_s_A_b_a_n_do_n_m_e_n_t ________________________________V_1_2_9________A_2___ __R_o_b_be_r_y_(F_o_rc_e_/S_n_a_tc_h_/I_n_tim__id_at_io_n_) ________________________V_1_6_0________A_3___ __S_a_le_o_f_C_o_c_ai_n_e/_O_th_e_r_________________________________D_5_5_5________S_3___ __S_a_le_o_f_M_a_ri_ju_a_na_____________________________________D_5_4_5________S_4___ __S_a_le_W__it_h _G_u_n_-A_n_y_D_r_u_g,_A_n_y_A_m_o_u_n_t ______________________V_1_4_9________S_1___ __S_e_xu_a_l _A_ss_a_u_lt_A_g_ai_ns_t_P_e_rs_o_n_in__C_us_t_od_y_____________________V_1_8_7________B_2___ __S_e_xu_a_l _E_xp_lo_it_a_tio_n_o_f_C_h_il_dr_e_n_____________________________V1_7_4________B_1___ __S_ta_t_ut_o_ry_R_a_p_e_-_V_ic_ti_m_1_4_+______________________________V_1_6_3________B_2___ __S_ta_t_ut_o_ry_R_a_p_e_-_V_ic_ti_m_<_1_4______________________________V_1_9_2________B_1___ __S_u_b_st_a_nt_ia_l _C_o_m_m_e_rc_ia_l _A_ct_iv_it_y _- _A_ny_D_r_u_g____________________D_5_6_3________S_2___ __T_er_ro_r_is_tic__Th_r_ea_t_s ____________________________________V_1_9_5_________D___ __T_h_ef_t _B_rin_g_P_r_o_p_er_ty_i_nt_o_S_t_at_e_$_5_,0_0_0_+______________________P_2_1_2_________D___ __T_h_ef_t _B_rin_g_P_r_o_p_er_ty_i_nt_o_S_t_at_e_<_$_5_,0_0_0______________________P_2_0_5_________E___ __T_h_ef_t _by__C_on_v_e_rs_io_n_$_5_,0_0_0_+_____________________________P_2_2_8_________D___ __T_h_ef_t _by__C_on_v_e_rs_io_n_<_$_5_,0_0_0______________________________P2_7_4_________E___ __T_h_ef_t _by__D_ec_e_p_ti_on__$_5,_0_0_0+______________________________P_2_2_2_________D___ __T_h_ef_t _by__D_ec_e_p_ti_on__<_$_5,_0_0_0_____________________________P_2_6_2_________E___ __T_h_ef_t _by__Ex_to_r_ti_on__$_5,_0_00_+_______________________________P_2_3_8_________D___ __T_h_ef_t _by__Ex_to_r_ti_on__<_$_5,_0_00_______________________________P_2_9_0_________E___ __T_h_ef_t _by__R_ec_e_iv_in_g_S_t_o_le_n_P_ro_p_e_rt_y _$_5,_0_0_0+____________________P_2_1_4_________D___ __T_h_ef_t _by__R_ec_e_iv_in_g_S_t_o_le_n_P_ro_p_e_rt_y _<_$_5,_0_0_0___________________P_2_6_8_________E___ __T_h_ef_t _by__S_ho_p_li_fti_n_g_$_5_,0_0_0_+_____________________________P_2_1_6_________D___ __T_h_ef_t _by__S_ho_p_li_fti_n_g_<_$_5_,0_0_0_____________________________P_2_7_2_________E___ __T_h_ef_t _by__Ta_k_in_g_$_5_,0_0_0_+________________________________P_2_1_0_________D___ __T_h_ef_t _by__Ta_k_in_g_<_$_5_,0_0_0________________________________P_2_4_5_________E___ __T_h_ef_t _of_L_o_s_t P_r_o_p_er_ty_$_5_,0_0_0_+____________________________P_2_2_4_________D___ __T_h_ef_t _of_L_o_s_t P_r_o_p_er_ty_<_$_5_,0_0_0____________________________P_2_7_0_________E___ __T_h_ef_t _of_M_o_t_o_r V_e_h_ic_le_/_P_ar_ts_$_5_,_00_0_+________________________P_2_2_0_________D___ __T_h_ef_t _of_M_o_t_o_r V_e_h_ic_le_/_P_ar_ts_<_$_5_,_00_0________________________P_2_9_2_________E___ __T_h_ef_t _of_S_e_r_vic_e_s_$_5_,0_0_0_+_______________________________P_2_3_0_________D___ __T_h_ef_t _of_S_e_r_vic_e_s_<_$_5_,0_0_0_______________________________P_2_7_8_________E___ __T_h_ef_t _R_ec_e_iv_in_g_P_r_o_pe_r_ty_O_u_t_S_t_at_e_$_5_,0_0_0_+___________________P_2_3_4_________D___ __T_h_ef_t _R_ec_e_iv_in_g_P_r_o_pe_r_ty_O_u_t_S_t_at_e_<_$_5_,0_0_0___________________P_2_8_4_________E___ __T_ra_ff_ic_ki_n_g_- _A_ny__D_ru_g__________________________________D_5_8_2_________T___ __V_e_hi_cu_l_ar_H_o_m_i_ci_d_e ___________________________________V_1_4_1________A_3___ __V_o_lu_nt_a_ry_M_a_n_s_la_u_gh_t_er_________________________________V_1_3_1________A_2___

A Sentencing System for the 21st Century

11

APPLYING THE GUIDELINES
The Guidelines and Sentencing Information Report (SIR) are designed to be as straightforward and easy to use as possible. This document provides instructions on how to apply the guidelines and complete the SIR. Complete only one SIR for each sentencing event, no matter how many cases against a defendant are disposed in the superior court on the date of sentencing. The SIR is intended to capture the three most severe offenses of conviction entered on that date against a defendant, even if those offenses appear on two or more indictments (accusations). If two or more defendants are involved, complete one SIR for each defendant convicted of a felony offense. The SIR accompanies the court's Final Disposition, but it is not a legal document and does not replace the Final Disposition. All terms and conditions of sentence must be recorded on the Final Disposition. Please print in all fields. Do not use cursive. Commission staff is available to answer guidelines questions at 1-888-XXX-XXXX during regular business hours. Information also is available at the Commission's website, www.gasentencing.org.
CASE
SID This is the State Identification Number that appears at the top of the offender's criminal history record ("rap sheet").
DOB Enter the month, followed by the day, then the four-digit year of the offender's birthday.
SENTENCE DATE This is the date on which the judge pronounces sentence, not the date of conviction, if different.
DOCKET NUMBER(S) This is the criminal case number assigned by the Clerk of Superior Court. Include multiple docket numbers if necessary.
SENTENCE TYPE Check "Original" if this is the first time the offender has been sentenced for the listed offenses. If the sentencing event is a resentence, modification or other type of sentence, specify in the space provided.
OFFENSE
Enter the most serious offense of conviction in the first space. The most serious offense is that which has the highest Offense Level.
If two or more offenses share the highest ranking, either may be listed first.
If the case involves a violent/property and a drug conviction, the most serious offense is the one with the highest upper end of the recommended sentence range.
If there are more than three separate offenses, list the three most serious offenses and do not record the others.

A Sentencing System for the 21st Century

13

OCGA OFFENSE Enter the name of the statutory offense of conviction.
GRID LABEL Enter the name of the offense as it appears on the Felony Offense Levels reference sheet. The grid label refers to the offense as it is named and defined in the guidelines. (For example, the guidelines treat Residential Burglary differently from Nonresidential Burglary although that distinction is not made in statute. See "Grid Offense Labels" below.)
COUNTS Indicate the number of counts of conviction for each offense.
OFFENSE LEVEL See the Felony Offense Levels reference sheet for corresponding offense rankings. The guidelines Offense Level reflects the offense of conviction, not the arresting or indicted offense.
Attempt, Conspiracy, Solicitation Rank these offenses one level below the completed offense.
Unlisted Offenses The Commission did not classify all felony offenses. Rank an unlisted offense at the level of the classified offense that the court determines to be most analogous.
Grid Offense Labels Based on analyses of recent Georgia sentencing patterns, the Commission subdivided seven felony offenses with broad statutory definitions and penalty ranges and classified them at different Offense Levels. With the exception of the definitions below, the Commission left further definition or distinctions between the assigned Offense Levels to the discretion of the court. The guidelines offenses and corresponding Offense Levels are:
Aggravated Assault With Intent to Murder, Rape or Rob [A3]; Against a Peace Officer [A3]; All Others [B2]
Burglary Residential [B1]; Nonresidential [B2]
Cruelty to Children With Injury [B1]; Without Injury [B2]
Drug Offenses Drug Type: "Other" includes, for example, Methamphetamines/Amphetamines, Narcotics/Opiates, Methaqualone, and LSD.
Drug Quantity: Based on analyses of recent sentence practices, higher Offense Levels were created for cases that involve 1 ounce or more of cocaine and 1 pound or more of marijuana.
Sale with Gun: "With gun" means possession as defined by O.C.G.A. 16-11-106 (as interpreted in decisional law) which states in pertinent part: "[a]ny person who shall have on or within arm's reach of his or her person a firearm..." Firearm is defined by O.C.G.A. 16-11-131(2). Note the drug type on the Offense line [i.e. "Sale with Gun - Cocaine"].
"Substantial Commercial Activity": This means an offense of either sale, possession with intent to distribute, or possession which involved three or more of the following factors: (a) possession of large amount of drugs (1 oz. or more cocaine/1 lb. or

14

Georgia Sentencing Guidelines

more marijuana); (b) possession of a large amount of cash; (c) possession of packaging materials; (d) possession of drug transaction records or customer lists; (e) possession of manufacturing paraphernalia, recipes, precursor chemicals, lab equipment, lighting, ventilating or power generating equipment; (f) modification of structures by fortification, painting, wiring, plumbing or lighting; or (g) sale to a stranger.
Habitual Violator With Impairment (as part of the current offense) [B2]; Without Impairment [C]
Statutory Rape Victim less than 14 [B1]; Victim 14 or older [B2]
Thefts Value $5,000 or more [D]; Value less than $5,000 [E] (for all types of theft)
Possession of Firearm/Knife During Commission of a Crime Since this offense is a statutory 5 consecutive years, it is not classified on the guidelines or assigned an Offense Code. If there is a conviction for this offense, check the box for Consecutive in the Sentence section below.
OFFENDER
To determine the Offender Level, see the reference sheet (Felony Offense Levels) for offense types for prior convictions. The first letter of the code for each offense indicates the offense type:
V = Violent/Sex P = Property D = Drug O = Other
Count prior felony convictions by offense type and prior non-traffic misdemeanor convictions only. Include convictions resulting from pleas of nolo contendere, and convictions for offenses that occurred after the offense date of the current offense of conviction. Do not count any prior arrests that did not result in a conviction, successfully completed First Offender sentences, or expunged convictions if they are known. Total the prior record points to obtain the Offender Level.
MISDEMEANORS A single prior misdemeanor conviction does not yield a point. Two or more prior misdemeanors receive 1 point. A third or subsequent misdemeanor conviction does not yield any additional points.
POINTS ABOVE SCALE Add one point for each additional felony conviction above the scale provided on the form. For example, a fifth prior property offense conviction would yield 9 points; a sixth prior property conviction would yield 10 points, and so on.
JUVENILE ADJUDICATIONS Juvenile adjudications are not convictions, but may be cited in aggravation of sentences.
OUT-OF-STATE CONVICTIONS Rank these offenses at the same level as the most comparable Georgia offense.

A Sentencing System for the 21st Century

15

SENTENCE
GUIDELINES RECOMMENDATION
The guidelines sentence recommendations are based on extensive analysis of 1999-2001 sentencing patterns in Georgia. However, the Commission found that a large number of violent/sex offenders, many with significant criminal histories, were not being sentenced to prison. The guidelines recommend that these violent offenders and career criminals be sentenced to prison, and that low-level, non-violent offenders be sentenced to punishments other than prison.
The guidelines sentence recommendation is based on the most serious offense of conviction. The grid cell at the intersection of the most serious Offense Level and the Offender Level is the guidelines recommended sentence. For example, the sentence recommendation in a case in which the most serious offense was 1st Degree Arson (Offense Level B1) and the offender's prior convictions totaled 5 points (Offender Level 3) would be found in grid cell B1-3.
SENTENCE LENGTH The sentence lengths recommended by the guidelines represent actual time to serve.
The sentence "range" represents the full span of guidelines recommended sentence lengths.
The "target" sentence, the single number shown in the center of each grid cell, is the primary recommended sentence length.
In grid cells with Probation or Community Options as the highest type of sentence, sentence lengths are not recommended.
For consistency, all sentence lengths are indicated in months. Grid cells that indicate "12 months" mean "1 year," the appropriate way to express the sentence length for felonies.
SENTENCE TYPE
The guidelines recommend four different types of sentences:
P = Prison SO = Secure Options CO = Community Options PB = Probation
See the following section, "Sentencing Options System," for additional detail about Options sentences.
Sanction Cap The "Sanction Cap" is the highest level of custody/supervision recommended by the guidelines. Indicate on the report all of the sentence types recommended for the Offense Level of the most serious conviction offense and Offender Level for the case. For example, if the guidelines recommend "P/SO" (Prison or Secure Options) as the Sanction Cap, check both boxes. For grid cells in which there are multiple recommended Sanction Caps, the Sanctions are listed in order of preference by the Commission. For example, a cell which reads "SO/P" means that the Commission, based on analysis of sentencing data, prefers a sentence of Secure Options to a sentence of Prison, but either sentence would be within the guidelines.

16

Georgia Sentencing Guidelines

Initial Sanction If the guidelines recommend a "Sanction Cap" of Secure Options or Community Options, there may be an additional recommendation regarding the "Initial Sanction" in parentheses. This is the custody/supervision level at which the guidelines recommend that the sentence begin. Check the recommended Initial Sanction as well. If the grid block reads "SO" only, both the Sanction Cap and the Initial Sanction are Secure Options. If the guidelines recommend Prison alone, there is no additional recommended Initial Sanction.
Post-Prison Supervision The guidelines recommend that all offenders sentenced to Prison receive a minimum of 12 months (1 year) of supervision once they leave State prison. This means all Prison sentences should be "split" sentences, including those for offenders sentenced for A2 offenses (the "Seven Deadly Sins") and other mandatory minimum prison terms. Beyond the one-year recommended minimum, the guidelines do not make recommendations regarding the length of the post-prison supervision period.
SENTENCE IMPOSED
SENTENCE LENGTH Express the actual sentence imposed in months on the SIR. Do not express the sentence as a range of months. (If the sentence length is 12 months, the Final Disposition must indicate "1 year".)
If the sentence involves consecutive terms, enter the sum of the sentence lengths.
SENTENCE TYPE Check only one box for the Sanction Cap and one box for the Initial Sanction. If specific Options facilities or programs are ordered, check the box(es) that correspond to the ordered Sanction. For instance, if a Probation Diversion Center is specified, as either the Sanction Cap or Initial Sanction, check Secure Options since Diversion Centers are Secure Options facilities.
It is not necessary for the court to specify an Initial Sanction as part of an Options sentence. If sentences do not specify an Initial Sanction, Corrections will place the offender at the most appropriate sanction level at or below the court-ordered Sanction Cap.
An Initial Sanction that differs from the recommendations (shown in parentheses) is considered a departure sentence.
Post-Prison Supervision Leave this box blank if the sentence is not to Prison.
Since the guidelines recommend Post-Prison Supervision for all offenders sentenced to Prison, all Prison sentences should include a minimum of 12 months of Post-Prison Supervision. Enter the number of months in Prison followed by the number of months on Probation. For example, for a sentence of "5 years to serve 2," check the Prison box and express the duration as 24 months + 36 months Post-Prison Supervision.
Offenders who are paroled before their prison terms have expired would serve the balance of their prison terms on parole supervision, then be transferred to probation supervision, as is done under current law.
Special Circumstances Sanction Detail Indicate in the space provided if the sentence specifies any particular type or types of

A Sentencing System for the 21st Century

17

Options facilities or programs. For example, if the sentence is "3 years Secure Options, Boot Camp to start," check Secure Options as the Sanction Cap, Secure Options as the Initial Sanction, and write Boot Camp on the Sanction Detail line. It is not considered a "departure" from the guidelines to specify a Sanction Cap or Initial Sanction within the recommended sanction types. However, specified sanctions that fall outside the recommendations (i.e. ordering an Initial Sanction of Intensive Probation Supervision in a case in which the Initial Sanction recommended is either Secure Options or Probation) are departures. It is not necessary to include Special Conditions of Probation, restitution orders, or other details on the Sanction Detail line.
If an offender is sentenced to standard Probation and placed in an Options facility or program (such as a Probation Detention Center), but is not sentenced to the "Options System," check Probation as the Sanction Cap, check either Secure Options or Community Options depending on the sanction ordered, and write the specific starting sanction (and any subsequently ordered sanctions) on the Sanction Detail line.
Please remember, the SIR is not a legal document; any and all sentence orders or conditions must be recorded on the Final Disposition.
Consecutive The guidelines do not make recommendations on whether sentences for multiple offenses or counts should be served concurrently or consecutively. Check the box if any of the sentences are to be served consecutively.
Statutory Recidivist Indicate whether the offender was sentenced under a recidivist statute. Do not check the box if the offender is a repeat or chronic offender, but not sentenced as a recidivist.
Mandatory Minimum Check the box if the offender was sentenced under a statute that requires a mandatory minimum sentence. Mandatory sentencing statutes always "trump" or override guidelines recommendations.
First Offender Act Check the box if the offender was sentenced under the First Offender Act.
Departure If the sentence imposed differs from the guidelines recommendation, enter the number or numbers of the relevant departure codes in the boxes provided. The list of factors is provided for easy reference and tracking. It is not exclusive or intended to limit the reasons that some sentences may vary either upward or downward from the guidelines.
Aggravation/Mitigation Many of the listed departure factors may apply in either aggravating or mitigating circumstances. For example, #21 (Role of Defendant) might be cited in aggravation when the offender was the ringleader or instigator of the crime, or in mitigation when the offender's involvement was minor or incidental.
Negotiated Pleas If a departure from the guidelines is the result of a negotiated plea, cite #25 and, if possible, cite a second factor that provides the primary substantive reason.
Other If the reason for departure from the guidelines is not found on the list provided, cite #26 (Other) and provide the reason in the comments space provided.

18

Georgia Sentencing Guidelines

Comments For each departure factor cited, the court is encouraged, but not required to provide written comments in the space provided to explain the factual reason(s) for the departure from the recommended sentence. For example, if a sentence in a robbery case was aggravated because the victim was confined to a wheelchair, cite #3 in the box (Victim age/mental/physical capacity) and write "Victim in wheelchair." The Commission does not expect comments to exceed the space provided on the report form.
Review/Appeal Sentences are not subject to review or appeal other than as provided under current law.

DEPARTURE FACTORS

OFFENSE
1. Impact on victim 2. Prior violence against victim 3. Victim age/mental/physical capacity 4. Economic impact 5. Abuse of position of trust 6. Defendant age/mental/
physical capacity 7. Degree of intended harm 8. Restitution
GENERAL
20. Possession or use of weapon 21. Role of defendant 22. Assistance to law enforcement 23. Community or family support 24. Acceptance of responsibility 25. Negotiated plea 26. Other

DRUG
10. Drug type 11. Drug quantity 12. Organization 13. Conduct 14. Location 15. Currency 16. Addiction 17. Treatment
OFFENDER
30. Over/understates prior record 31. Misdemeanors 32. Juvenile record 33. Same offense type 34. Supervision failure 35. Legal status at arrest 36. Frequency

A Sentencing System for the 21st Century

19

REPORT
The sentencing judge or designee must transmit a completed Sentencing Information Report to the clerk. The person who actually fills out the report may vary from courtroom to courtroom and case to case.
PROSEC. ATTORNEY Enter the name of the case prosecutor.
DEFENSE ATTORNEY Enter the name of the lead defense attorney.
FORM COMPLETED BY Phone number is requested to facilitate data verification.

20

Georgia Sentencing Guidelines

SENTENCING OPTIONS SYSTEM

The Georgia guidelines create a state-of-the-art system of sentencing options for the Superior Court. The Sentencing Options System adds two structured alternatives, Secure Options and Community Options, to the traditional choice between prison and probation. These new sentence dispositions are designed to target offenders, especially substance abusers, who otherwise might serve short prison terms, as well as higher-risk offenders who otherwise might receive probation but who need more supervision and structure than regular probation provides.

WHAT IS THE OPTIONS SYSTEM? The Options System is a continuum of supervision and custody tools within the Georgia Department of Corrections. Options are divided into two classes:
Secure Options Correctional facilities that remove offenders from the community.
Community Options Supervision programs for offenders in the community.
They also are ranked by severity level according to the table below.
EXPECTED RESULTS Beyond expanding sentencing choices for the courts, the Options System is expected to:
Reduce crowding of court dockets due to Violation of Probation cases (about 35,000 VOP cases are handled in Superior Court each year, 27% of the criminal caseload);
Reduce crowding of local jails due to Violation of Probation cases (VOP defendants spend an estimated average 23-31 days in jail awaiting violation hearings);
Cut recidivism for new felonies and probation revocations by increasing the certainty and speed of consequences for violations of supervision; and
Help concentrate prison capacity on violent, sex and career criminals.

DISPOSITION

SEVERITY LEVEL (HIGH TO LOW)

Probation Boot Camp

Secure Options

Probation Detention Center or Residential Substance Abuse Treatment Center
(both ranked at same level)

Probation Diversion Center

Intensive Probation Supervision

Community Options

Day Report Center

Electronic Monitoring

DESCRIPTION
4-month military model program Drug and education programming available
Detention Center Secure facility Offenders may work non-paid community details under Correctional Officer
supervision Drug and education programming available
Treatment Center Staff secure facility 9-month intensive residential substance abuse treatment
"Work Release" facility offenders locked down at night, work paid jobs in the community during day
Offenders contribute $11 per day toward room and board Drug and education programming available
Intensive monitoring by team of Surveillance Officer and Probation Officer Employment and curfew mandated House arrest may be mandated
Offenders' presence required daily at community-based facility Intensive programming for substance abuse, reasoning skills, education and
employment Includes community work details Intensive monitoring and surveillance
Variety of position monitoring systems that identify offenders' whereabouts at some or all times of day

A Sentencing System for the 21st Century

21

GEORGIA SENTENCING OPTIONS SYSTEM

SECURE OPTIONS

SENTENCES
COMMUNITY OPTIONS

PROBATION

Probation Boot Camp Probation Detention Center Residential Treatment Center Probation Diversion Center
Intensive Probation Day Report Center Electronic Monitoring
Specialized Probation Maximum Probation High Probation Standard Probation Administrative Probation

OPTIONS SENTENCING
The guidelines recommend that certain offenders, based on their Offense and Offender levels, be sentenced to the new "Options System." They further recommend Initial Sanctions and Sanction Caps within an Options sentence.
Options sentences are probation sentences, not prison sentences. Offenders in options programs are probationers, not inmates. Unless otherwise specified, Options sentences direct the Department of Corrections to respond swiftly to violations of and compliance with General and Special Conditions of Probation by moving offenders up and down the "ladder" of correctional supervision and custody (up to, but not exceeding the "Sanction Cap" set by the judge) through an administrative sanctioning process.
Options offenders who commit new criminal offenses are returned to the Superior Court. In addition, offenders sentenced to regular Probation and returned to court for violations may be placed in Community Options or Secure Options as an alternative to revocation to prison. Offenders sentenced initially to Community Options may be placed in Secure Options as an alternative to revocation to prison.
To be placed into the Options System, the court must order an Options System sentence on the Final Disposition. The Sentencing Information Report is not a legal document, so checking Options boxes on the report does not in itself result in an "Options" sentence.
Offenders sentenced to any of the Options facilities or programs, but not ordered into the Options System should be sentenced to straight Probation without an "Options" notation on the Final Disposition. In those cases, on the Sentencing Information Report check "Probation" as both the Sanction Cap and the Initial Sanction.
INITIAL SANCTION
The custody/supervision level at which the offender begins his sentence. An Initial Sanction of Secure Options directs Corrections to place the offender in any one of the four Secure Options for a minimum of 90 days. An Initial Sanction sentence of "Community Options" directs Corrections initially to place the offender in any one of the Community Options programs; the same for an Initial Sanction of "Probation." As under current practice, however, the court may specify a particular Options facility or program as the Initial Sanction (i.e. Probation Detention Center). If the court does not specify an Initial Sanction, Corrections initially assigns the offender to an appropriate Options level not higher than the Sanction Cap.
SANCTION CAP
The highest level of custody/supervision authorized. After placement at the Initial Sanction, the offender may be transferred to a lower level or a level as high as the "cap" depending on his compliance with General and Special Conditions of Probation. An offender sentenced with a Sanction Cap of "Community Options" may not be transferred to a Secure Option without court authorization. An offender sentenced with a cap of Secure Options may not be transferred to State prison without court authorization. A cap of a specific Secure Option or Community Option prohibits Corrections from placing the offender in any higher severity Option without specific judicial approval. For instance, a specified Sanction Cap of Probation Detention Center would prohibit Corrections from transferring the offender to a Boot Camp (the next highest level sanction) without judicial approval. The Initial Sanction and the Sanction Cap can be the same.

A Sentencing System for the 21st Century

23

VIOLATIONS OF SPECIAL CONDITIONS While the Commission recommends that the Options System address violations of both General and Special Conditions of Probation, it recognizes that courts in some cases may want Special Condition violators returned to court. In those cases, the court should note "Special Condition Violations Return to Court" on the Final Disposition and on the Sanction Detail line of the Sentencing Information Report. in cases in which the court desires that violations of General Conditions return to court, offenders should be placed on regular Probation and not sentenced to the Options System.
SAMPLE OPTIONS SENTENCES
(1) 24 MONTHS SECURE OPTIONS, INITIALSECURE OPTIONS
The offender immediately begins his sentence at one of the Secure Options facilities for at least 90 days. After that, he can be transferred through an administrative process by the Department of Corrections to any other level of custody or supervision, short of Prison, as his behavior indicates. A highly compliant offender might earn his way down to standard Probation. A highly resistant offender might spend most of his 2-year term in a Probation Detention Center.
(2) 24 MONTHS SECURE OPTIONS (NO INITIAL SANCTION SPECIFIED)
Since the Initial Sanction was not specified, the court has given Corrections the flexibility to initially place the offender in any Secure Options facility, Community Options program or at a level of regular Probation, whichever it deems most appropriate. Throughout the 2-year sentence, the offender may move up and down the full spectrum of Secure Options supervision/custody levels through the administrative process.
(3) 30 MONTHS SECURE OPTIONS, INITIALPROBATION
The offender is initially assigned to Probation, but may be transferred into any of the Community Options or Secure Options, and back and forth again as necessary, for any length of time during the 30-month sentence.
(4) 24 MONTHS SECURE OPTIONS, CAPDIVERSION CENTER, INITIALINTENSIVE PROBATION
The offender is initially placed on Intensive Probation Supervision and may be administratively transferred into a Probation Diversion Center, but may not be moved into any of the three higher severity Secure Options (Detention Center, Residential Treatment Center, or Probation Boot Camp) without court approval.
(5) 36 MONTHS COMMUNITY OPTIONS
The court has provided Corrections with the ability to place the offender initially at one of the three Community Options programs or at a standard level of Probation, whichever it deems most appropriate. The offender may move back and forth among levels of Probation and Community Options, but he may not be placed in any of the Secure Options without specific judicial approval. If the offender fails to comply with the conditions of supervision, the court may modify the sentence or revoke the offender to a Probation Detention Center or other Secure Option.

24

Georgia Sentencing Guidelines

OPTIONS AVAILABILITY
The Sentencing Options System consists of three main components: Sanctions,Services, and Information. While the system would reach its full potential when all three components are equally available in each region or judicial district across the state, partial implementation can represent a significant improvement over current practices.
Sanction Tools
With projects already in the "pipeline," the Department of Corrections expects to operate a total of nearly 9,000 Secure Options beds by January 2004. While these new beds represent a dramatic expansion of sentencing resources, they are not likely to meet the demand in full. Consequently, additional Secure Options facilities and Community Options programs must be developed, and sentences and departmental placements must reflect the best available resources at a given point in time. Additional probation officers and administrative hearing officers are likely to be needed as well. So would new statutory authority for the courts and Corrections (see "Enabling Legislation," below).
Service Tools
Since the combination of punishment and rehabilitation works better to reduce recidivism than either intervention alone, effective offender programming is a critical component of the Options System. Options offenders should have the best possible access to research-tested interventions (substance abuse and mental health treatment, education/literacy, employment/job skills, and cognitive/reasoning skills) at every level of supervision/custody throughout their Options sentence. Services must be provided through a mix of Corrections-operated/contracted programs and community placements in partnership with Department of Human Resources and the Community Service Boards, the Department of Labor, the Department of Technical and Adult Education, and other relevant agencies.
Information Tools
The Department of Corrections has adopted a sophisticated and accurate risk/need assessment instrument to help guide its offender placement decisions. Statewide implementation of the assessment protocol, along with development of a centralized slot reservation system, is critical to the effective and efficient placement and movement of Options offenders across the state. Additional information from other sources, including drug screens and contacts with law enforcement and community members, must be collected and managed with an automated Case Management MIS.
ADMINISTRATIVE TRANSFER PROCESS
The application of a validated risk/need assessment instrument and program-specific eligibility criteria, combined with the use of Department of Corrections guidelines based on violation severity and violation history, would determine appropriate sanctions and ensure fairness among offenders.
The Department of Corrections would establish by rule and regulation a system of administrative sanctions as an alternative to judicial modification/revocation of probation. For lower-level violations a probation officer could investigate and make a unilateral decision whether to take action, especially for mild sanctions such as adjustment of Probation supervision level, as available under current law and practice. More onerous sanctions, such as elevation to Community Options, would necessitate the involvement of a supervisor or management official. Transfer to Secure Options, the most restrictive sanctions, would require an administrative hearing.
While "due process" constitutional protections would be incorporated into the new structure, it is expected that the new system would result in relatively few administrative hearings, since most transfers would likely proceed on the basis of offenders' consents to proposed administrative sanctions.

A Sentencing System for the 21st Century

25

ENABLING LEGISLATION So as to avoid any impermissible infringement on an exclusive judicial function, the authority for the sanctioning of Options System probationers by an administrative process would originate in legislation, the "Crime Control and Recidivism Reduction Act of 2003," drafted as a new article (42-9-150 et seq.) within Chapter 8, Title 42 of the Official Code of Georgia Annotated, relating to Probation. Provisions of the article would include:
1. Definitions of Options System, components and sanctions. 2. Trial judge may order probationers to Options System; court retains jurisdiction. 3. Authority of Department of Corrections to establish a system of administrative sanctions. 4. Issuance of warrants for arrest of Options System probationers. 5. Arrested and detained probationers entitled to preliminary hearing. 6. Authority of probation officer to impose certain sanctions. 7. Authority of supervisory probation officer to impose certain sanctions. 8. Administrative hearing required prior to imposition of Secure Options sanctions. 9. No construction as repealing court's power to place offenders on probation or to
supervise. 10. Liberal construction to achieve purposes.
Several collateral issues would also be addressed by amendments to the Code:
1. New general condition of probation -- Submit to rehabilitative programming as directed (42-8-35).
2. Clerks of superior court directed to submit "A copy of the Sentencing Information Report" with "inmate package." (42-5-50(a)).
3. Judge may order modified or revoked probationers to Options System. (42-8-34(g)).
4. Options System as one of the "rules and regulations" to which a judge may sentence a probationer. (17-10-1(a)(1))

26

Georgia Sentencing Guidelines

PROPOSED COURT RULE
Uniform Superior Court Rules Rule 45 Sentencing Guidelines (PROPOSED)
The Georgia Sentencing Commission, a committee of the Council of Superior Court Judges, shall be a permanent body consisting of ________ members, the body of which shall be comprised as follows: __________ [NOTE: Ongoing Commission size and membership to be decided later]
The goals of the Sentencing Commission are to establish certainty in sentencing by providing an equitable starting point for and reducing variation in sentencing similar offenders for similar offenses; to concentrate prison capacity on violent, sex and career offenders; to develop a broad array of sentencing options that allow punishments to fit the crimes; to maintain a responsible relationship between sentences and correctional resources; and, to maintain meaningful judicial discretion to individualize sentences within the range of punishments prescribed by statute.
The Commission's duties and responsibilities include:
Promulgation and periodic revision of sentencing guidelines and procedures for the superior courts;
Administration of the sentencing guidelines system, including development and maintenance of pertinent forms, manuals, and other materials, and support of the training of the bench, bar and court personnel in guidelines sentencing;
Performance of empirical research and analyses relating to sentencing practices, including statistical modeling to inform correctional planning, and provision of periodic reports regarding the results and policy implications of the research to the judiciary, legislature and Governor;
The review and analysis of proposed legislation relating to felony offenses for consistency with the sentencing guidelines and the goals of the Commission, and for impact on correctional resources.
When a defendant charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before a judge or a jury, before fixing a sentence for a felony offense the judge shall consider the sentencing guidelines as promulgated by the Sentencing Commission. However, no sentence within the statutory limits shall be declared unlawful, inadequate or excessive due to the court's decision not to impose a sentence in conformity with the guidelines of the Sentencing Commission, and no sentence shall be invalidated because of a court's decision not to comply with the provisions of this rule. This rule shall not be construed to create any cause of action or any right of appeal on behalf of any person.
The sentencing record shall contain the Offense Level of the most serious felony offense of conviction and the Offender Level of the defendant under the categories established by the Sentencing Commission; the type(s) of sentence(s) and the sentence range recommended for such category of offense and offender; and, for any sentence that differs from the guidelines recommendations, any departure factors that explain the reason(s) that a different type of sentence or a sentence length from the applicable guideline sentence are more appropriate under the circumstances. The sentencing judge, however, after properly considering the guidelines, retains the discretion to reject the guidelines, provided the sentencing judge states for the record the reasons for the sentence.
For each sentence imposed in a felony case, the judge, or the judge's designee, shall complete a Sentencing Information Report, as issued by the Sentencing Commission, and submit it within five days to the clerk for immediate filing and timely distribution of copies to the district attorney, counsel for the defendant, the Department of Corrections, State Board of Pardons and Paroles, and the Sentencing Commission. Such report may be prepared and transmitted electronically.

A Sentencing System for the 21st Century

27