46-18-132. (Temporary) Sentencing guidelines. (1) The commission shall determine the advisability of proposing advisory sentencing guidelines to the 55th legislature.
     (2) If submitted to the legislature for consideration, the guidelines must specify:
     (a) the range of sentences applicable to each crime;
     (b) a range of sentences for a defendant previously convicted of a felony or felonies or convicted of a crime involving the use of a deadly weapon;
     (c) variations from the range of applicable sentences due to aggravating or mitigating circumstances;
     (d) the circumstances under which imprisonment of an offender is proper;
     (e) a presumptive sentence for offenders for whom imprisonment is proper, based upon an appropriate evaluation of the crime committed, the prospects of rehabilitation of the offender, the circumstances under which the crime was committed, and the criminal history of the offender; and
     (f) appropriate sanctions for an offender for whom imprisonment is not proper.
     (3) In establishing the sentencing guidelines, the primary consideration of the commission must be public safety and the restoration of the victim. The commission shall also consider the prospects of rehabilitation, responsibility, and accountability of the offender; current sentencing and release practices; and correctional resources. (Terminates May 31, 1997--sec. 5, Ch. 306, L. 1995.)

     History: En. Sec. 3, Ch. 306, L. 1995.