Effective Dates: 10/25/2022 - Present Previous | Next

GN PHI02607.001 Prisoner Provisions Pre 4/1/00

A. Delaware

Internet address:

http://www.lexislawpublishing.com/resources/

Attached are two lists for use in determining if prisoner suspension applies in Delaware cases. List 1 is a list of crimes and their type (felony or misdemeanor) and class (A, B, C, etc.). A crime's type and class are established by State law. List 2 shows the maximum prison sentence for each type and class of crime.

To use the lists:

1. Determine the crime committed.

2. Find that crime on List 1 and determine its type and class.

3. Find the maximum sentence for that type and class of crime on List 2.

For example, the NH is convicted of racketeering. List 1 shows "racketeering" is a felony of the "B" class ("Felony B"). List 2 shows the sentence for a Class B felony is not less than 2 years and up to 20 years. Prisoner suspension would apply.

Another example. A NH is convicted of shoplifting. The value of the shoplifted property is under $500. List 1 shows "shoplifting under $500" is a misdemeanor of the "A" class ("Misdemeanor A"). List 2 shows the sentence for a Class A misdemeanor is up to one year. Prisoner suspension would not apply.

NOTE: The sentences for some misdemeanors are not specified by Delaware law. These are identified in List 1 as "unclassified misdemeanors" (abbreviated as "unclass. misd."). Because the court could theoretically sentence an individual convicted of an unclassified misdemeanor to prison for more than one year, any case involving an unclassified misdemeanor will need to be developed to determine the length of the sentence.

LIST 1 - TYPES AND CLASSES OF CRIMES STATE OF DELAWARE	CRIME TYPE & CLASS
Abandonment of Child	Misdemeanor A
Abetting Driver's License Viol.	Misdemeanor A
Abetting Driver's License Viol. (second offense)	Felony G
Abortion	Felony F
Abortion Articles, Issuing	Misdemeanor B
Abortion, Self	Misdemeanor A
Abuse of Patient in Facility	Misdemeanor A
Abuse of Patient Causing Injury	Felony E
Abuse of Patient Causing Death	Felony A
Abusing a Corpse	Misdemeanor A
Adulteration Causing Death	Felony A
Adulteration Causing Injury	Felony E
Adulteration without Injury	Felony G
Advancing Gambling	Misdemeanor A
Advertisement-Drug Paraphernalia	Unclass. Misd.
Aggravated Harassment	Misdemeanor B
Aggravated Intimidation	Felony D
Arson 1	Felony C
Arson 2	Felony D
Arson 3	Felony G
Assault 1	Felony C
Assault 2	Felony D
Assault 3	Misdemeanor A
Assault 1 on K-9 Dog (death/inj.)	Felony D
Assault 2 on K-9 Dog (risk injury)	Misdemeanor A
Assault in Detention Facility (injury)	Felony B
Assault in Detention Facility	Felony D
Assault on Sports Official	Felony G
Bad Check over $500	Felony G
Bad Check under $500	Misdemeanor A
Bestiality	Felony D
Bigamy	Felony G
Breach Conditions of Release	Felony G
Breach Conditions of Release	Misdemeanor A
Bribery Involving Public Servant	Felony E
Bribery Involving Witness	Felony E
Bribery Involving Juror	Felony E
Bribery Not Involving Public Servant	Misdemeanor A
Burglary 1	Felony C
Burglary 2	Felony D
Burglary 3	Felony F
Burglary Tools, Possession	Felony F
Carjacking (see Reckless Endangerment, Assault 2, and Assault 1)
Carry Concealed Dangerous Instrument	Misdemeanor A
Carry Concealed Deadly Weapon	Felony G
Carry Concealed Deadly Weapon (second offense)	Felony E
Coercion	Misdemeanor A
Compounding a Crime	Misdemeanor A
Computer Offenses over $10,000	Felony D
Computer Offenses over $5,000	Felony E
Computer Offenses over $1,00	Felony F
Computer Offenses over $500	Felony G
Computer Offenses under $500	Misdemeanor A
Conspiracy 1	Felony E
Conspiracy 2	Felony G
Conspiracy 3	Misdemeanor A
Criminal Contempt 1271 (1)	Misdemeanor B
Criminal Contempt 1271 (2-8)	Misdemeanor A
Criminal Contempt 1271A	Misdemeanor A
Criminal Impersonation	Misdemeanor A
Criminal Impersonation-Accident Rel.	Felony G
Criminal Mischief over $1,500	Felony G
Criminal Mischief over $500	Misdemeanor A
Criminal Mischief under $500	Unclass. Misd.
Criminal Nuisance	Unclass. Misd.
Criminal Solicitation 1	Felony E
Criminal Solicitation 2	Felony F
Criminal Solicitation 3	Misdemeanor A
Criminal Trespass 1	Misdemeanor A
Criminal Trespass 2	Unclass. Misd.
Criminally Negligent Homicide	Felony E
Cruelty to Animals	Misdemeanor A
Dealing in Child Pornography	Felony D
Dealing in Child Pornography (second offense)	Felony B
Dealing in Children	Felony E
Debt Adjusting	Misdemeanor B
Deceptive Business Practices	Misdemeanor A
Defrauding Secured Creditors	Misdemeanor A
Deliver/PWID Drug Paraphernalia	Felony G
Deliver Drug Paraphernalia to Minor	Felony E
Deliver Hypo Needle or Syringe	Felony G
Del./Distr. Narcotics within 1,000 Feet of School	Felony C
Delivery/Manufacture Narcotics (death)	Felony B
Delivery/Manufacture/PWID Narcotics (non-user)	Felony B
Delivery/Manufacture/PWID Narcotics I, II	Felony C
Delivery Narcotics to Minor under 16	Felony C
Delivery Narcotics to Minor	Felony C
Delivery (unl) Non-Controlled Substance	Felony D
Delivery Non-Narcotics to Minor under 16	Felony E
Del./Distr. Non-Narcotics within 1,000 Feet of School	Felony E
Delivery/Manufacture/PWID Non-Narcotics Contr. Substance	Felony E
Delivery/PWID N-C RX Body Building Drug	Felony E
Desecration	Misdemeanor A
Destructive Weapon, Possession	Felony E
Disorderly Conduct	Unclass. Misd.
Distribution Controlled Substance	Felony F
Drug Paraphernalia, Possession	Misdemeanor A
Drugs, Trafficking In	Felony B
Dwelling, Maintain/Illegal Use	Felony F
Endangering Welfare of Child	Misdemeanor A
Endangering Welfare Incompetent	Misdemeanor A
Endangering Children	Unclass. Misd.
Endangering, Reckless 1	Felony E
Endangering, Reckless 2	Misdemeanor A
Escape after Conviction	Felony D
Escape 2	Felony G
Escape 3	Misdemeanor A
Execute Documents of Deception	Misdemeanor A
Extortion	Felony E
Explosive Device, Possession	Felony D
Fail Obtain Child Abuse Indo	Misdemeanor A
False Info re: Vital Records	Felony E
False Report of Incident	Unclass. Misd.
False Statement re: Weapon Purchase	Felony G
Falsify Business Records	Misdemeanor A
Forgery 1	Felony F
Forgery 2	Felony G
Forgery 3	Misdemeanor A
Forgery Devices, Possession of	Felony G
Foreign Lotteries, Engaging in	Misdemeanor A
Fraud in Insolvency	Misdemeanor A
Fraudulent Conveyance, Public Land	Felony G
Fraudulent Receipt, Public Lands	Felony G
Gambling, Advancing	Misdemeanor A
Gambling, Provide Premises for	Misdemeanor A
Gambling Device, Possession of	Misdemeanor A
Gambling Device, Interest in Keep	Misdemeanor A
Gambling Information, Disseminate	Misdemeanor A
Give Firearm to Person Prohibited	Felony A
Gratuities, Giving Unlawful	Misdemeanor A
Gratuities, Receiving Unlawful	Misdemeanor A
Harassment	Unclass. Misd.
Harassment of K-9 Dog	Unclass. Misd.
Hinder Prosecution	Misdemeanor A
Hypo Needles, Unlawful Delivery	Felony G
Hypo Needles, Unlawful Possession	Unclass. Misd.
Imprisonment, Unlawful 1	Felony G
Imprisonment, Unlawful 2	Misdemeanor A
Improper Influence	Misdemeanor A
Improper Labelling	Unclass. Misd.
Incest	Misdemeanor A
Indecent Exposure 1	Misdemeanor A
Insurance Fraud	Felony G
Interest in Keeping Gambling Device	Misdemeanor A
Interference with Custody	Misdemeanor A
Interference with Custody (out of state)	Felony G
Interference with Levied Property	Misdemeanor A
Interference with Child Witness	Felony E
Interference with Child Complainant	Felony F
Interference with Child Witness	Felony G
Intimidation	Felony E
Issue Abortion Articles	Misdemeanor B
Issue Bad Check over $500	Felony G
Issue Bad Check under $500	Misdemeanor A
Issue False Certificate	Felony G
Keep Drugs in Original Container	Felony G
Kidnapping 1	Felony B
Kidnapping 2	Felony C
Larceny of Livestock	Felony G
Lewdness	Misdemeanor B
Make False Written Statement	Misdemeanor A
Manslaughter	Felony C
Maintain Dwelling/Vehicle	Felony F
Maintaining an Obstruction	Misdemeanor A
Menacing	Unclass. Misd.
Misapplication of Property over $500	Felony G
Misconduct of Juror	Misdemeanor A
Mfr./Del./PWID Narcotics I, II	Felony C
Mfr./Del./PWID Non-Narcotics	Felony E
Mfr./Use/Poss. Explos./Incend. Device	Felony D
Murder 1	Felony A
Murder 2	Felony B
Obscenity - Sale to Minor	Felony E
Obscenity - Otherwise	Felony G
Obscene Literature - Harmful Minors	Misdemeanor A
Obstruct Control of Rabies	Misdemeanor B
Obstruct Fire-fighting	Misdemeanor A
Obstruct Ingress/Egress Pub. Bldg.	Unclass. Misd.
Obstruct (Malicious) Phone Call	Misdemeanor B
Obstruct Contr. Subst. by Fraud	Felony F
Offensive Touching	Unclass. Misd.
Official Misconduct	Misdemeanor A
Organized Crime/Racketeering	Felony B
Patronizing Prostitute	Unclass. Misd.
Perjury 1	Felony D
Perjury 2	Felony F
Perjury 3	Misdemeanor A
Permitting Prostitution	Misdemeanor B
Possession Burglary Tools	Felony F
Possession Gambling Devices	Misdemeanor A
Possession of Deadly Weapon during Commission of Felony	Felony B
Possession Destructive Weapon	Felony B
Possession Drug Paraphernalia	Misdemeanor A
Possession Forgery Devices	Felony G
Possession Hypo or Syringe	Unclass. Misd.
Possess/Use Narcotics I, II	Misdemeanor A
Possess/Use Non-Narc Cont Subst	Misdemeanor B
Possess Narc. within 1,000 Feet of School	Felony G
Possess Non-Narc ConSub within 1,000 Feet	Felony G
Possess/Sell Deceptive Vital Record	Felony G
Possess Deceptive Vital Record	Felony G
Possess Vital Record Unlawfully	Felony G
Possession Telecommunications Device	Misdemeanor B
Profiteering	Misdemeanor A
Promoting Prison Contraband	Misdemeanor A
Promote Prison Contraband (weapon)	Felony F
Promoting Prostitution 1	Felony C
Promoting Prostitution 2	Felony E
Promoting Prostitution 3	Felony F
Prostitution	Misdemeanor B
Promoting Suicide	Felony F
Provide False Child Abuse Info	Felony G
Provide Obscenity to Minor	Felony E
Provide Premises for Gambling	Unclass. Misd.
Provide Premises (second in 5 years)	Misdemeanor A
Public Intoxication (2 priors in 1 year)	Unclass. Misd.
Racketeering	Felony B
Receiving Bribe	Felony E
Receiving Stolen Firearm	Felony f
Receiving Stolen Property under $500	Misdemeanor A
Receiving Stolen Property over $500	Felony G
Receiving Unlawful Gratuity	Misdemeanor A
Reckless Burning	Misdemeanor A
Reckless Endangering 1	Felony E
Reckless Endangering 2	Misdemeanor A
Refuse Aid to Police Officer	Misdemeanor A
Refuse/Fail Keep Proper Records	Misdemeanor A
Resist Arrest	Misdemeanor A
Riot	Felony F
Robbery 1	Felony B
Robbery 2	Felony E
Sale of Firearm in Violation	Misdemeanor A
Sale of Firearm in Violation (second offense)	Felony G
Sale of Transferred Recorded Sound	Misdemeanor A
Self Abortion	Misdemeanor A
Sexual Contact 1, Unlawful	Felony F
Sexual Contact 2, Unlawful	Felony G
Sexual Contact 3, Unlawful	Misdemeanor A
Sexual Exploitation of Child	Felony B
Sexual Extortion	Felony E
Sexual Harassment	Unclass. Misd.
Sexual Intercourse 1, Unlawful	Felony A
Sexual Intercourse 2, Unlawful	Felony B
Sexual Intercourse 3, Unlawful	Felony C
Sexual Penetration 1, Unlawful	Felony C
Sexual Penetration 2, Unlawful	Felony D
Sexual Penetration 3, Unlawful	Felony E
Sexual Relations, Detention Facility	Felony G
Shoplifting over $500	Felony G
Shoplifting under $500	Misdemeanor A
Stalking	Felony F
Substances Releasing Fumes	Unclass. Misd.
Tampering with Juror	Misdemeanor A
Tampering with Physical Evidence	Felony G
Tampering with Public Records 1	Felony E
Tampering with Public Records	Misdemeanor A
Tampering with Witness	Felony E
Terroristic Threatening	Misdemeanor A
Theft of Firearm	Felony F
Theft over $500	Felony G
Theft under $500	Misdemeanor A
Theft of Rental Property	Felony G or Misdemeanor A
Transfer of Recorded Sound	Felony G
Trafficking in Illegal Drugs	Felony B
Unauthorized Use of Vehicle	Misdemeanor A
Unlawf. Admin. Controlled Substance	Felony G
Unlawf. Administering Drugs	Misdemeanor A
Unlawf. Alteration of Public Record	Felony E
Unlawf. Concealing Will	Felony G
Unlawf. Dealing Dangerous Weapon	Unclass. Misd.
Unlawf. Dealing Comb. Knuck/Knife	Misdemeanor B
Unlawf. Dealing Mart. Arts Star	Misdemeanor B
Unlawf. Dealing with Child	Misdemeanor B
Unlawf. Delivery Controlled Substance	Felony D
Unlawf. Delivery Hypo Needles	Felony G
Unlawf. Distr. Controlled Substance	Felony F
Unlawf. Dissemination Gambling Info	Misdemeanor A
Unlawf. Grand Jury Disclosure	Misdemeanor B
Unlawf. Imprisonment 1	Felony G
Unlawf. Imprisonment 2	Misdemeanor A
Unlawf. Possession Hypo Needle	Unclass. Misd.
Unlawf. Sexual Contact 1	Felony F
Unlawf. Sexual Contact 2	Felony G
Unlawf. Sexual Contact 3	Misdemeanor A
Unlawf. Sexual Intercourse 1	Felony A
Unlawf. Sexual Intercourse 2	Felony B
Unlawf. Sexual Intercourse 3	Felony C
Unlawf. Sexual Penetration 1	Felony C
Unlawf. Sexual Penetration 2	Felony D
Unlawf. Sexual Penetration 3	Felony E
Unlawf. Use Credit Card over $500	Felony G
Unlawf. Use Credit Card under $500	Misdemeanor A
Unlawf. Use of Records Check	Misdemeanor A
Unlawf. Transport of Dead Body	Misdemeanor A
Vehicular Assault 1	Felony F
Vehicular Assault 2	Misdemeanor B
Vehicular Homicide 1	Felony E
Vehicular Homicide 2	Felony F
Violation of Privacy	Misdemeanor A
Wearing Body Armor during Felony	Felony B
Willful Refusal Provide Vital Info	Misdemeanor A
Willful Neglect/Violation T16Ch31	Misdemeanor A
Wiretapping	Felony G
Wiretapping	Misdemeanor A

LIST 2 - MAXIMUM PRISON SENTENCES STATE OF DELAWARE
FELONIES
Class A	Not less than 15 years and up to life imprisonment
Class B	Not less than 2 years and up to 20 years
Class C	Up to 10 years
Class D	Up to 8 years
Class E	Up to 5 years
Class F	Up to 3 years
Class G	Up to 2 years
MISDEMEANORS
Class A	Up to 1 year
Class B	Up to 6 months
Unclassified	To be fixed by the court

B. District of Columbia

Statutes are not available on Internet for District of Columbia

Following is a list of District of Columbia offenses and their maximum sentences. If a maximum sentence is greater than 1 year, prisoner suspension will apply. There is no statutory sentence for the crime of contempt (other). Cases involving this offense will need to be developed to determine the length of the sentence.

OFFENSE	MAXIMUM SENTENCE
Arson (incl. Attempts)	Not greater than 10 years
Assault	180 days
Assault on Police Officer (APO)	5 years
Assault on Police Officer while armed	10 years
Assault with a Deadly Weapon (ADW)	10 years
Assault with Intent to Commit Mayhem	10 years
Assault with Intent to Kill	No more than 15 years
Assault with Intent to Murder	No more than 5 years
Assault with Intent to Rape	No more than 15 years
Assault with Intent to Rob	No more than 15 years
Assault with Intent to Commit Other Offenses	5 years
Aggravated Assault	No more than 10 years
Attempt to Commit a Crime of Violence	5 years
Blackmail	5 years
Breaking and Entering Vending Machines	3 years
Bribery of Public Servant	10 years
Bribery of Witness	5 years
Burglary-First Degree	No more than 30 years
Burglary-Second Degree	No more than 15 years
Carnal Knowledge	Life
Carrying Concealed/Deadly Weapon (CDW)-Misdemeanor	1 year
Carrying Concealed/Deadly Weapon (CDW)-Felony	10 years
Carrying Pistol without License in Home or Place of Business (CPWL)-Misdemeanor	1 year
Carrying Pistol without License (CPWL)-Felony	5/10 years
Conspiracy	5 years
Conspiracy (to Commit Drug Offenses) Same as for offense which was object of Conspiracy Contempt (Violation of conditions of Release)	6 months
Contempt (Other)	No statutory limit
Credit Card Fraud (Value of Property is less than $250)	180 days
Credit Card Fraud (Value of Property is $250 or more)	10 years
Cruelty to Animals	180 days
Cruelty to Children	2/10/15 years
Destruction of Property (if Value of Property is less than $200)	180 days
Destruction of Property (if Value of Property is $250 or More)	10 years
Disorderly Conduct	90 days
Enticement (incl. Attempts with Minor Child)	5 years
Extortion	10 years
Failure to Appear (Felony)	5 years
Failure to Appear (Misdemeanor)	180 days
Forgery	3/5/10 years
Fraud--First Degree (if Value of Property is Less Than $250)	180 days
Fraud--First Degree (if Value of Property is $250 or More)	10 years
Fraud--Second Degree (if Value of Property is Less than $250)	180 days
Fraud--Second Degree (if Value of Property is $250 or More)	3 years
Incest	12 years
Indecent Liberties with Minor Child	10 years
Kidnapping (incl. Conspiracies)	Court's discretion to life
Malicious Disfiguring	10 years
Manslaughter	15 years
Mayhem	10 years
Murder--First Degree	Life without parole
Murder--Second Degree	20 years to life
Obstruction of Justice	10 years
Pandering	5 years
Perjury	10 years
Possession of Ammunition	1/5/10 years
Possession of Firearm during Crime of Violence or Dangerous Crime	15 years
Possession of Implements of Crime (Felony)	5 years
Possession of Implements of Crime (Misdemeanor)	180 days
Possession of Numbers Slips	180 days
Possession of Prohibited Weapon (Felony)	10 years
Possession of Prohibited Weapon (Misdemeanor)	180 days
Possession of Unregistered Firearm or Destructive Device	1 year
Prison Breach	5 years
Procuring	5 years
Promoting/Running Illegal Activity	3 years
Rape	Life
Receiving Stolen Property--If Value of Property is $250 or More (Felony)	7 years
Receiving Stolen Property--If Value of Property is less than $250 (Misdemeanor)	180 days
Robbery	No more than 15 years
Sodomy	10 years
Sodomy with Child under Age 16	20 years
Soliciting for Lewd/Immoral Purpose (SLIP); for Prostitution - 1st Offense	$300
2nd Offense	10/90 days
Subordination of Perjury	10 years
Taking of Property without Right (TPWR)	90 days
Tampering with Physical Evidence	3 years
Theft--First Degree (under $250)	10 years
Theft--Second Degree (under $250)	180 days
Threats to do Bodily Harm	6 months
Threats to Injure	20 years
Three Card Monte/Confidence Games	180 days
Trafficking in Stolen Property	10 years
Unlawful Entry (UE)	6 months
Unauthorized Use of Vehicle (UUV)	3/5 years
Uttering-If more than $100 (Felony)	3 years
Uttering-If less than $100 (Misdemeanor)	180 days

While Armed* Not more than 3 times the minimum sentence imposed

to life

* Common crimes are: manslaughter w/armed; second degree murder w/armed; first degree murder w/armed; assault with intent to (kill) (murder) (rape) (rob) w/armed; burglary w/armed; armed robbery; rape w/armed; assault with intent to commit sodomy w/armed. The crimes of assault on a police officer and sodomy are not raised to the level of "life offenses" by the addition of the "while armed" element.

C. Maryland

Internet address:

http://www.msccsp.org/Files/Guidelines/guidelinesmanual.pdf

The following information was obtained from the Maryland Sentencing Guidelines Manual - Appendix A that was revised September 23, 1996. There are some crimes that do not have a statutory sentence under the Maryland Sentencing Guidelines. These crimes have been indicated as such and cases involving these offenses will need to be developed to determine the length of sentence.

OFFENSE	MAXIMUM TERM
Abduction
Child under sixteen for Immoral purposes	8Y
Child under twelve	20Y
Child under twelve by relative in state	30D
Child under twelve by relative outside state 30 days or less	30D
Child under twelve by relative outside state more than 30 days	1Y
Arson
Burning personal property of another less than $1,000 (malicious burning 2nd degree)	18M
Burning personal property of another $1,000 or more (malicious burning 1st degree)	5Y
Burning property with intent to defraud	5Y
Dwelling or occupied structure (arson 1^st degree	30Y
Other structure (arson 2nd degree)	20Y
Trash bin	30D
Threat of	10Y
Assault
Assault and/or battery	No statutory limit
Assault on division of correction or patuxent institution, jail or detention center inmate or employee	No statutory limit
Assault with deadly weapon	25Y
Assault with intent to commit 1st degree rape***	15Y
Assault with intent to commit 2nd degree rape***	15Y
Assault with intent to commit 1st degree sex offense***	15Y
Assault with intent to commit 2nd degree sex offense***	15Y
Assault with intent to maim, disable, etc.***	15Y
Assault with intent to murder***	30Y
Assault with intent to prevent lawful apprehension***	15Y
Assault with intent to rob***	10Y
Assault, 1st degree****	25Y
Assault, 2nd degree****	10Y
Bad check
Obtaining property/services under $300	18M
Obtaining property/services worth $300 or more	15Y
Breaking and entering Breaking into railroad car or entering by Force	10Y
Breaking into or entering railroad car or attached freight with intent to steal	10Y
Motor vehicle	3Y
Research facility	5Y
Bribery to or by public officer	12Y
Burglary
1st degree	20Y
2nd degree	15Y
2nd degree, steal or take firearm	20Y
3rd degree	10Y
4th degree	3Y
With explosives	20Y
Carjacking	30Y
Child abuse
Physical	15Y
Sexual	15Y
With death	20Y
Child pornography 1st offense	10Y
Subsequent	20Y
Contempt, Criminal	No statutory limit
Contraband
Delivery in or out of institution to Effect Escape	10Y
Delivery in or out of institution other than to effect escape	3Y
Contributing to certain conditions of a child	3Y
Controlled dangerous substance - Importation into state	25Y
Credit card
$300 or under	18M
More than $300	15Y
Crimes against religious property, institutions, or personal property because of race, religious belief Involving misdemeanor	3Y
Involving separate felony generally	10Y
Involving separate felony resulting in death	20Y
Cruelty to animals
Dog fighting	3Y
Injuring a racehorse	3Y
Destruction of property
Damage under $300	60D
Damage $300 or more	3Y
Injuring or destroying railroad locomotive, car etc., or chattels therein	10Y
Distribution
Distribution of non-controlled substance as controlled dangerous substance	5Y
Drug kingpin	40Y
Unlawful manufacture, distribution, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, schedule I or II narcotics (e.g., pcp, heroin, cocaine, and LSD)	20Y
Unlawful manufacture, distribution, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use;
keeping common nuisance, schedule I or V non-narcotics (e.g., amphetamines, marijuana, diazepam, and valium)	5Y
Using minors for manufacture, delivery or distribution of controlled dangerous substances.	20Y
Escape
Aiding	10Y
From penitentiary, jail, reformatory, etc., or from alcohol and drug abuse administration	10Y
Explosives
Destructive explosive devices	20Y
Dynamiting, etc., property	20Y/LIFE
Molotov cocktail	5Y
Possession without a license	5Y
Pipe Bomb	20Y
Unlawful manufacture or dealing without license	5Y
Extortion
By anyone, under $300	18M
By anyone, $300 or more	10Y
By false accusation	2Y
By state or local officer, $300 or less	6M
By state or local officer, over $300	10Y
By state or local officer or employee against another employee	5Y
Sending etc. a threatening letter, etc.	10Y
Threatening verbally	10Y
Failure to appear
Felony	5Y
Misdemeanor	1Y
False alarms, fire, ambulance or rescue squad Calls	5Y
False imprisonment	No statutory limit
False statement on application for funds from Maryland higher education commission	1Y
Rumor as to bomb	10Y
To official or agencies of state or its sub-divisions	6M
To peace or police officers	6M
Falsifying, destroying, concealing, accessing, etc., public records	3Y
Federal income tax evasion	No statutory limit
Forgery
Forgery, counterfeiting, etc.	10Y
Forgery, counterfeiting, etc. of public documents	10Y
Forgery, etc. of prescriptions, etc.	2Y
Orders, etc., for money or goods	10Y
Uttering	10Y
Fraud
Abandoning or refusing to return, leased motor vehicle	1Y
Failure to provide or providing false information willfully or with intent to evade taxes	18M
Falsely Representing self as lawyer	1Y
Medicaid fraud, under $500	3Y
Medicaid fraud, $500 or more	5Y
Misappropriation by fiduciaries, generally	5Y
Misuse by lawyer	5Y
Public assistance fraud, generally	3Y
Willful failure to file income tax return	5Y
Willful failure to withhold income tax	5Y
Willful preparation of false income tax return	5Y
Gambling
Betting, wagering, etc.; pools on horses, etc.	1Y
Keeping gaming table or place	1Y
Handgun
Carrying, etc., with deliberate purpose to injure or kill	5Y
Obliterating, etc., identification mark or number	3Y
Restrictions on sale, transfer and possession of pistols and revolvers	3Y
Sale, transfer, etc., of stolen pistols	3Y
Short-barreled rifles and shotguns, unlawful Possession	5Y
Unlawful use in commission of felony or crime of violence, 1st offense	20Y
Unlawful use in commission of felony or crime of violence, subsequent	20Y
Unlawful wearing, carrying, etc., 1st weapon offense, generally	3Y
Unlawful wearing, carrying on school property, etc., 1st weapon offense	3Y
Unlawful wearing, carrying, etc., 2nd weapon offense, general	10Y
Unlawful wearing, carrying on school property, etc., 2nd weapon offense	10Y
Unlawful wearing, carrying, etc., more than two prior weapon offenses, generally	10Y
Unlawful wearing, carrying on school property, etc., more than two prior weapons offenses	10Y
Wearing, carrying, etc., under influence	1Y
Harmful substances
Distributing, etc., to minors, 1st offense	18M
Distributing, etc., to minors, subsequent	3Y
Smelling or inhaling harmful substances	6M
Hinder police officer
Home improvement, without license	2Y
Homicide by motor vehicle or vessel while intoxicated	5Y
Incest	10Y
Indecent exposure	3Y
Interference, obstruction or false representation of fire or emergency services personnel	3Y
Interfering with rights of mentally retarded individual	2Y
Kidnapping
Child under 16	30Y
Generally	30Y
Lotteries
Devices to evade lottery proscription	12M
Importing ticket or possession of lottery, records or money	1Y
Keeping place for selling, etc., of lottery Tickets	1Y
Owner permitting use of house, etc., for sale of tickets	1Y
Sale of Drawing of lottery	12M
Subsequent	5Y
Maiming
Malicious injury to tongue, nose, eye, limb, etc.***	15Y
Mayhem; tarring and feathering***	10Y
Malfeasance, misconduct in office	No statutory limit
Manslaughter
By automobile, vessel, etc.	10Y
Involuntary	10Y
Voluntary	10Y
Motor vehicle offenses (only incarcerable traffic offenses.)	No statutory limit
Murder
1st degree, during rape, etc.	LIFE
1st degree, generally	LIFE
1st degree perpetration of arson	LIFE
1st degree burning barn, tobacco house etc.	LIFE
1st degree, attempted	LIFE
1st degree solicitation	LIFE
2nd degree	30Y
2nd degree, attempted	5Y
Obstructing justice	5Y
Paraphernalia
Controlled dangerous substance-paraphernalia-delivery or sale generally, etc. 1st offense	FINE
Controlled dangerous substance-paraphernalia-delivery or sale generally, etc subsequent	2Y
Controlled dangerous substance-paraphernalia-use or possession, with intent to use, 1st offense	FINE
Controlled dangerous substance-paraphernalia-use or possession, with intent to use, subsequent	2Y
Controlled dangerous substance-paraphernalia-delivery or sale to minor by adult three or more years older	8Y
Perjury
Public assistance fraud in application	10Y
Subornation of perjury	10Y
Willfully filing false income tax returns-Perjury	10Y
Perverted sexual practices	10Y
Poisoning - Attempted	10Y
Contaminating water, food, etc.	20Y
Pollutants
Dispersing into state waters, first offense	1Y
Dispersing into state waters, subsequent	2Y
Dispersing into state waters, falsification	6M
Possession
Compounding or selling different drug, controlled dangerous substance, medicine, etc.	12M
Prescription drugs-manufacture, distribute, etc; obtain by fraud, etc., forgery, etc., label property, destruction	2Y
Unlawful possession or administering to another; obtaining, etc., substance or paraphernalia by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering etc., label; unlawful possession or distribution of controlled paraphernalia - marijuana	1Y
Unlawful possession or administering to another; obtaining, etc., substance or paraphernalia by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering etc., label; unlawful possession or distribution of controlled paraphernalia - non-marijuana	4Y
Unsolicited mailing of certain drugs, controlled dangerous substances, medicines, etc.	6M
Prostitution, etc.
Bawdyhouses and houses of ill fame	1Y
Detaining person in house of prostitution for debt, etc.	12Y
Pandering generally	12Y
Placing, etc., of spouse in house of prostitution, etc.	10Y
Placing, etc., person for immoral Purposes	10Y
Receiving earnings of prostitute	10Y
Receiving money, etc., for procuring person For house of prostitution, etc.	10Y
Solicitation	1Y
Transporting person for prostitution	10Y
Rape
1st degree	LIFE
2nd degree	20Y
Reckless endangerment	5Y
Resisting arrest	No statutory limit
Rioting	No statutory limit
Robbery	15Y
Robbery with deadly weapon	20Y
Sabotage
Attempted	5Y
Intentional defective workmanship	10Y
Intentional injury to or interference with property	10Y
Serial numbers, removing, etc.	1Y
Sex offense
1st degree	LIFE
2nd degree	20Y
3rd degree	10Y
4th degree	1Y
Sodomy	10Y
Stalking	5Y
Telephone, unlawful use of	3Y
Theft
$300 or more	15Y
Less than $300	18M
Trespass on posted property	3M
Unauthorized connections, etc.; tampering or interfering with meters, poles, wires, etc.	6M
Unauthorized use of livestock, vehicles, etc.	4Y
Weapons
Carrying dangerous or deadly weapons, etc., openly with intent to injure	3Y
Carrying or possessing deadly weapon on school property, other than handgun	3Y
Carrying dangerous or deadly weapon openly or concealed with deliberate in to kill or injure	3Y
Possession or use of machine gun	20Y
Use, etc., of a weapon in a drug offense, 1st degree	20Y
Use, etc., of a weapon in a drug offense, Subsequent	20Y
Use, etc., of a weapon in a drug offense, 1st offense (only for certain weapons)	20Y
Use, etc., of a weapon in a drug offense, subsequent (only for certain weapons)	20Y
Wiretapping
Breaking and entering, etc., to place, remove, or adjust equipment	10Y
Unlawful interception of communications	5Y

***Repealed effective October 1, 1996.

****Effective October 1, 1996.

D. Pennsylvania

Internet address:

http://www.legis.state.pa.us/WU01/LI/LI/CT/htm/18/18.htm

To determine if prisoner suspension applies to an individual convicted in the Commonwealth of Pennsylvania, field offices can do one of two things:

1.

Refer to the "Pennsylvania Consolidated Statutes, Title 18, Crimes and Offenses (Crime Code)", a publication of the Commonwealth of Pennsylvania which lists crimes, their class, and maximum sentences. The publication can be ordered from the State Bookstore Annex, State Records Center Building, 1825 Stanley Drive, Harrisburg, Pennsylvania 17103 [telephone: (717) 787-5109]. It costs $6.94 ($6.55 plus sales tax). A 1994 supplement is available for $2.70 ($2.55 plus sales tax). Checks should be made payable to "Commonwealth of Pennsylvania." If you have access to a local branch of the bookstore and do not need to order by phone, the publication costs $5.50 plus tax, the supplement, $2.00 plus tax.
2.

Contact the local clerk of court to determine the class of the crime committed, then determine the maximum sentence for that class of crime by referring to the following chart. If the maximum sentence is more than a year, prisoner suspension applies.

CLASS OF CRIME	MAXIMUM SENTENCE
Murder 1	Life
Murder 2	Life
Felony 1	More than 10 years
Felony 2	10 years
Felony 3	7 years
Misdemeanor 1	5 years
Misdemeanor 2	2 years
Misdemeanor 3	1 year
Summary	90 days
Felony Drug	10 years
Poss. Cocaine	5 years
Poss. Marijuana	1 year
Poss. Small Amt. Marijuana	30 days

E. Virginia

Internet address (this is a "searchable" site):

http://leg1.state.va.us/000/src.htm

Virginia law does not provide for prison terms of more than one year for individuals convicted of a misdemeanor. Therefore, prisoner suspension will not apply if the crime committed is a misdemeanor.

All classes of felonies in Virginia carry maximum imprisonment terms of more than a year. Therefore, prisoner suspense will apply to any individual convicted of a felony.

The "Virginia Code Index," a handy publication of the Virginia Magistrates Association, lists all felonies and misdemeanors in the Commonwealth and provides the maximum sentence for each offense. The publication costs $3.50 plus shipping and handling, and can be ordered by contacting E. Tom Daisey, Jr. of the Virginia Magistrates Association, Inc. at this address and phone number:

1621 Princeton Road

1621 Princeton Road

Richmond, Virginia 23227

(804) 780-6689 or (804) 264-8808

F. West Virginia

Internet address:

http://www.legis.state.wv.us/wvcode/code.cfm?chap=61&=8B

The State of West Virginia does not have their crime code consolidated like other states. Punishment for individual crimes is found throughout their statutes. The Internet address provided contains the entire WV code and may contain the consolidated crime code at some future date.

The Pennsylvania Department of Corrections will occasionally transfer a prisoner from one of its prisons to a Community Corrections Center (CCC). A CCC is a community branch of the Commonwealth's prisons. A prisoner is generally transferred to a CCC because of good behavior. The CCCs are administratively part of the Department of Corrections. That department incurs expenses for any prisoner who is transferred to a CCC, even though the prisoner is partially responsible for some expenses the prisoner incur while there.

Because a stay in a CCC is partially at public expense, an individual transferred to such a facility is subject to prisoner suspension if the prisoner was convicted of a crime punishable by a sentence of more than one year.

A list of the Department of Correction's CCCs follows:

Eastern Region:

Philadelphia CCC #1 1221-23 Bainbridge St.; Phila., PA 19147

Philadelphia CCC #2 407 N. 8th St.; Phila., PA 19123

Philadelphia CCC #3 219 East High St; Phila., PA 19144

Philadelphia CCC #4 1628 N. 15th St.; Phila., PA 19121

Philadelphia CCC #5 1221-23 Bainbridge St.; Phila., PA 19147

Central Region:

Allentown CCC; 608-610 Hamilton Mall, 2nd Fl.; Allentown, PA 18101

Harrisburg CCC; 27 N Cameron St.; Harrisburg, PA 17101

Johnstown CCC; 301 Washington St.; Johnstown, PA 15901

Scranton CCC; 240 Adams Ave.; Scranton, PA 18503

York CCC; 317 West Market St.; York, PA 17404

Western Region:

Erie CCC; 423 W. 8th St.; Erie, PA 16502

Pittsburgh CCC #1; 915 Ridge Ave.; Pittsburgh, PA 15212

Pittsburgh CCC #2; 501 N. Negley Ave.; Pittsburgh, PA 15206

Pittsburgh CCC #3; 535 S. Aiken Ave.; Pittsburgh, PA 15232

Sharon CCC; 300 W. State St.; Sharon, PA 16146

NOTE: The CCCs are not to be confused with halfway houses to which prisoners may be released upon parole or completion of their sentences.

The following exhibit was prepared by the Dallas Regional Office and contains sentencing information about most states.

Exhibit 1

States Where Felonies and Misdemeanors Need Further Development Column one answers the question, do all misdemeanors have sentences of one year or less? Column two answers the question, do all felonies have possible sentences of over one year? For States where no entry is present, the information regarding the sentences for felonies and misdemeanors is not know. As this information becomes available, this exhibit will be updated.

	Column 1 Misdemeanors	Column 2 Felonies
Alabama
Alaska
Arizona	Yes	Yes
Arkansas	Yes	Yes
California	Yes	Yes
Colorado	No	Yes
Connecticut	Yes	No
Delaware	No*	Yes
Dist. Columbia	See GN PHI02607.001B
Florida
Georgia
Guam	Yes	Yes
Hawaii	Yes	Yes
Idaho
Illinois
Indiana
Iowa	No	No
Kansas	No	No
Kentucky
Louisiana	No	No
Maine	Yes	No
Maryland-	See section GN PHI02607.001C
Massachusetts	No	Yes
Michigan
Minnesota
Mississippi
Missouri	No	No
Montana	Yes	Yes
Nebraska	No	No
Nevada	Yes	Yes
New Hampshire	Yes	Yes
New Jersey
New Mexico	Yes	Yes
New York
North Carolina
North Dakota	Yes	Yes
Ohio
Oklahoma	Yes**	No
Oregon
Pennsylvania	No	Yes
Puerto Rico
Rhode Island	Yes	Yes
South Carolina
South Dakota	Yes	Yes
Tennessee
Texas	Yes	Yes
Utah	Yes	Yes
Vermont	No	Yes
Virgin Islands
Virginia	Yes	Yes
Washington
West Virginia
Wisconsin
Wyoming	Yes	Yes

*-- "Unclassified" are set by the court in DE

**- Except for "reward for appt." in OK

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202607001PHI

GN PHI02607.001 - Prisoner Provisions Pre 4/1/00 - 10/25/2022
Batch run: 10/26/2022
Rev:10/25/2022

Social Security

Program Operations Manual System (POMS)

GN PHI02607.001 Prisoner Provisions Pre 4/1/00

A. Delaware

B. District of Columbia

C. Maryland

D. Pennsylvania

E. Virginia

F. West Virginia