Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-205 - Criminal History Index Classification System

Current through Register Vol. 50, No. 6, June 20, 2024
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.