How are inchoate crimes affected by the standards and Community Correction? How should inchoate crimes be listed on commitment forms?
With the exception of capital murder, attempts, solicitations or conspiracies of a substantive crime are ranked one seriousness level below the substantive offense ranking on the grid. See A.C.A.16-90-803(b)(1)(E). This would have a dual effect for crimes just above the transfer eligibility line as crimes just below the line will be eligible for release sooner as well as having a different presumptive sentence. An inchoate crime for statutory classification purposes is classified one level below the substantive offense, i.e. an inchoate of a Class B offense is a Class C. See A.C.A.5-3-201, 301, and 404. This effect may be significant for eligibility for a Community Correction facility as Class Y controlled substance offenses are not eligible whereas Class A and B controlled substance offenses are now eligible. See A.C.A.16-93-1202. When filling out the Judgment and Commitment/Disposition form, list the substantive statute in “A.C.A. # of offense”, (for instance, 5-10-102), and mark the
