Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.2301 Authorized terms
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The authorized terms of sentences of imprisonment, including both prison terms and parole terms are: (1) for a class A felony, life imprisonment, or a term of years not less than 10 years and not to exceed 30 years; (2) for a class B felony, a term not less than 5 years and not t…
A.S.C.A. § 46.2302 Class C and D felonies
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In cases of class C and D felonies, the court has the discretion to imprison for a special term not to exceed one year in the territorial correctional facility or other authorized penal institution, and the place of confinement is to be fixed by the court. If the court imposes a …
A.S.C.A. § 46.2303 Imposition of sentence for felony and misdemeanor
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(a) When a sentence of imprisonment for a felony is imposed, the court shall commit the defendant to the custody of the corrections division for the term imposed under 46.2301, or until released under procedures established elsewhere by law. (b) When an extended sentence of impri…
A.S.C.A. § 46.2304 Sentence includes prison and parole term
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(a) A sentence of imprisonment for a term of years consists of a prison term and a parole term. A minimum prison term of 1/3 of the sentence of imprisonment or 15 years in cases of life sentences for crimes other than murder in the first degree, must be served by a prisoner befor…
A.S.C.A. § 46.2305 Extended terms for dangerous offenders
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(a) The court may sentence a person who has pleaded guilty to or has been found guilty of a class B, C, or D felony to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender. (b) A “persistent offender” is one who has been prev…
A.S.C.A. § 46.2306 Extended term procedures
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(a) The court shall not impose an extended term under 46.2305 (a), (b), (c), or (d) unless: (1) the indictment or information, original, amended, or in lieu of an indictment, pleads all essential facts warranting imposition of an extended term; and (2) after a finding of guilty o…
A.S.C.A. § 46.2307 Concurrent and consecutive terms of imprisonment
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(a) Multiple sentences of imprisonment run concurrently unless the court specifies that they run consecutively or as otherwise provided by law. (b) If a person who is on probation or parole, or conditional, is sentenced to a term of im-prisonment for an offense committed after th…
A.S.C.A. § 46.2308 Calculation of terms of imprisonment-Credit for jail time awaiting trial
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(a) A person convicted of a crime in this Territory shall receive as credit toward service of a sentence of imprisonment all time spent by him in prison or jail both because awaiting trial for the crime and pending transfer after conviction to the corrections division or the plac…