For felony convictions, the Sentencing Reform Act (SRA) provides the framework for determining the length of sentences. Base sentences are determined by reference to a sentencing grid, which provides a standard range of months of confinement. This range is based on both the severity, or "seriousness level," of the offense and the convicted person's "offender score," which is based on the offender's criminal history. A higher seriousness level or offender score results in a longer sentence. While the grid provides the base sentence, additional sentencing policies can increase or decrease a sentence. This includes, for example, enhancements, exceptional sentences, and alternative sentences.
Felony drug offenses are sentenced according to a specialized drug sentencing grid under the SRA. Seriousness levels for felony drug offenses vary from I to III, with ranges as follows:
Seriousness Level | Offender Score 0-2 | Offender Score 3-5 | Offender Score 6-9 or more |
III | 51 to 68 months | 68+ to 100 months | 100+ to 120 months |
II | 12+ to 20 months | 20+ to 60 months | 60+ to 120 months |
I | 0 to 6 months | 6+ to 18 months | 12+ to 24 months |
In 2013 the state modified the presumptive range for sentencing a person with an offender score of 3 to 5 for a seriousness level I drug offense. The range was narrowed to 6 to 12 months. This change was temporary and expired July 1, 2018, at which time the former presumptive range of 6 to 18 months was reinstated. Drug offenses ranked at seriousness level I include:
Generally, a person who is convicted and receives a sentence of confinement greater than one year must serve that term of confinement in a state prison facility. A person who receives a sentence of confinement of less than one year must serve that term of confinement in a local jail.
The presumptive range for sentencing a person with an offender score of 3 to 5 for a seriousness level I drug offense is narrowed to 6 to 12 months.