Journal Entry Friendly Reminders

Common Questions and Errors

• Sentencing

  • When completing the Journal Entry of Sentencing, please keep in mind that at the bottom of Page 1, Presumptive Sentencing Range, reflects what the defendant is eligible for according to his criminal history, level of crime, grid, etc. such as prison, probation, border box, drug treatment (SB 123 only), and Special Rules.
  • On Page 2, the Sentence Imposed section is the actual sentence imposed by the judge.  (You cannot always go by the PSI because the PSI is completed prior to receiving all of the related information.  The PSI is a guide and it is not always a good practice to rely solely on the PSI.  It is the sentence which the judge actually sentences the defendant to in court that must be reflected.)
  • Page 4, on Section VII: Recap of Sentence, please be certain to indicate if any PRIOR cases (# 6) are concurrent or consecutive to this current case.
  • Keep in mind that all additional offenses are always counted as a Level “I”, with the exception of Off Grid offenses which are counted at the original criminal history level.  Off Grid offenses are counted on their own and no off grid count is considered as the primary offense in determining the base sentence when imposing multiple sentences.  Therefore, any additional offense in an off grid case will NOT drop to a Level “I” but be sentenced to the original criminal history level.
  • If an Objection to the Criminal History is marked Yes, please indicate who is objecting and the court’s ruling as to whether the history was amended or not.  (Page 1, Section II.)
  • Please check the appropriate boxes such as No Postrelease; Probation vs. Prison.  Often both sentencing boxes are checked or left blank causing confusion particularly when the Recap reflects something different.
  • It is important to incorporate all the information from the beginning to the Recap page; the sentencing information from the entire journal entry, adding consecutive sentences (watching for the Double Rule), and confirming that the number of months in Prison, Underlying Prison, Jail, Probation and Postrelease reflect the correct sentence and are consistent.  (e.g.  Many times we see Probation on page 2 as 18 months probation and then on the Recap it reflects 24 months probation.)  (Page 4, Section VII: Recap of Sentence.)
  • If it is an ATTEMPT or CONSPIRACY, the severity level drops two levels on the Non-Drug Grid with SOLICITATION dropping three levels.  On the Drug Grid, they drop six months. 
  • On probation sentences, please indicate if Court Services or Community Corrections will be supervising.  (Page 3, Sentence Imposed Section, # 6.)
  • If handwritten, please be sure to write clearly.

• Drug Offenses

  • Selling Meth is an offense that requires registration. 
  • Selling Marijuana does NOT require registration. 
  • Please check the Desk Reference Manual Appendix D for crime listings and those offenses which require registration are indicated with an “R”.  If selling, both of these offenses are under 21-5705.  If subsections are not listed we cannot distinguish between selling meth/cocaine and selling marijuana.  One requires registration; the other does not.
  • Please provide drug name and the amount of drug, IF it is a distribution offense. (2012 JE Revision date 3/2013, Section III, # 2)

• Registration Requirements

  • Certain offenses requiring registration was passed July 1, 2007.  Any registerable offense committed on or after this date requires completion of registration pages and included with the journal entry. 
  • Please be aware there are certain Misdemeanors (additional offenses) that require registration as well.

• Jessica's Law Offenses

  • Jessica’s Law took effect July 1, 2006. 
  • If the child is under 14 and the offended over 18, any Rape, Aggravated Criminal Sodomy, Aggravated Indecent Liberties With a Child, Sexual Exploitation of a Child, Aggravated Trafficking, and Promoting Prostitution of anyone under 14, as well as any Attempt, Conspiracy or Solicitation of the above, is subject to a mandatory hard 25 year prison term. 
  • The judge may depart from the 25 years and, if so, the Departure box should be marked and the Departure section should be completed with reasons given.  (Page 3, Section V)
  • The Sex Offense Supplement Page must be completed and included with Section B marked, as well as the Registration pages. 

   EXCEPTIONS:  (a few examples)

  • There is a window (State vs. Horn) from May 9, 2009 to April 29, 2010, where if a Jessica’s Law offense is an Attempted; it drops to a Level 1 rather than off grid crime.  The 2011 Legislature ratified the law to clarify the intent. 
  • Also (State vs. Bello, State vs. Morningstar, and State vs. Spencer), the courts must indicate the defendant is at least 18 years of age.

• Departures

  • If the sentence does not follow the grid and presumptive ranges, it is a departure.
  • It is NOT considered a Dispositional Departure if it falls in the correct grid even when a special rule applies or border box findings apply unless it is a Durational Departure.  (E.g. History Level I, Aggravated Assault, Level 7, committed with a firearm, Special Rule # 1 – presumed prison.)  Following the grid he would be eligible for probation.
  • With the Special Rule, the judge may either send him to prison or give him probation and this would not be considered a Departure if given probation.)
  • Please mark the Departure Box and complete the Departure Reasons on the following page.   (Page 3, Section V.)

• Special Rules

  • When Special Rules are applicable, (Page 2, # 7), please indicate which Special Rule and include the Special Rule Page. 
  • Please indicate if the Special Rule applies to any additional offenses in this case and mark it as such.
  • Special Rules are not in numerical order for data coding purposes and should not be renumbered.

• Felony DUI's

  • Please indicate whether the DUI is a 3rd or a 4th plus . Please clearly mark whether the sentence is probation/jail and any postrelease ordered.  (Page 2, Sentence Imposed Section, # 4.)

• Double Rule

  • When adding consecutive offenses to the primary offense, the total sentence can be no more than double that of the primary sentence.  (e.g. if defendant receives 25 months for the primary offense, and has three additional offenses that have 12 months each and are all consecutive – the grand total number of months (Recap) would be 50 and not 61 (25 + 12 + 12 + 12 =61). (On Recap Section VII.)

• Senate Bill 123

  • "Mandatory Drug Treatment for up to 18 months" on the Journal Entry, pertains ONLY to SB 123 treatment - not other court ordered treatment.
  • If the court orders SB 123 treatment, mark all applicable boxes:
    
    • page 1, # 6
    • Sentence Imposed Section, # 6 and,
    • page 4, # 4.

  • SB 123 offenders are supervised by community corrections only.