Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 4 - Louisiana Sentencing Guidelines Tables › Section IX-403 - Tables for Determining Designated Sentence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sentencing Guidelines Grid
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B. Diagram
				  of Sanction Zones in the Designated Sentence Range Grid
C. Intermediate Sanction Exchange Rate Table
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D. Using
				  the Intermediate Sanction Exchange Rate Table
1. The purpose of Intermediate Sanction
				  Exchange Rates is to provide the court maximum flexibility in fashioning
				  appropriate sentences utilizing intermediate sanctions. Intermediate sanctions
				  are intended for offenders convicted of less serious and nonviolent offenses
				  who do not have an extensive prior criminal history. In addition to punishment,
				  intermediate sanctions may be fashioned in several ways to meet the needs of
				  society, the victim, and the defendant. Use of the Intermediate Sanction
				  Exchange Rate Table preserves uniformity in the amount of punishment imposed on
				  offenders with similar criminal history, circumstances, and offense of
				  conviction.
2. Goals of
				  Intermediate Sanction Exchange Rates. In fashioning an intermediate sanction
				  sentence, the sentencing court should consider the following goals:
a. proportionality of the sanction imposed to
				  the offense of conviction and the offender's prior criminal record;
b. restoration of the victim as nearly as
				  possible to pre-offense condition;
c. specific deterrence of the offender from
				  future criminal conduct;
d.
				  rehabilitation of the offender;
e.
				  maximizing the degree to which the offender is held responsible for the costs
				  and conduct associated with the sanction.
3. Use of the Intermediate Sanction Exchange
				  Rate Table
a. The table should be used when
				  the designated sentence range is located in the grid within the intermediate
				  sanction zone, i.e., all cells below the shaded area, or when it is located in
				  the discretionary sanction zone, i.e., all cells in the shaded area, and the
				  court decides to impose an intermediate sanction.
b. The table may be used by analogy when the
				  court decides that an incarceration sanction zone, i.e., all cells above the
				  shaded area, case is sufficiently mitigated to warrant a departure to an
				  intermediate sanction. In such cases, the commission makes no specific
				  recommendation concerning the appropriate sentence.
c. For each cell in the discretionary or
				  intermediate sanction zone, a designated sentence range of sanction units is
				  provided for use with the table. The court may impose any combination of
				  intermediate sanctions for which the total sanction unit score falls within the
				  range provided in the appropriate cell. Sentences which fall within the
				  sanction unit score range do not require additional justification.
d. Intermediate sanctions are divided into
				  four levels. The sanction unit value is the same for all sanctions within a
				  level. Each specific sanction has a duration attached to it which corresponds
				  to the amount of sanction units specified for that level. The ranges of
				  duration included with each specific sanction are intended to give the court
				  additional flexibility in fashioning an appropriate intermediate
				  sentence.