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

See GN 02607.001

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 1st 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. His address and phone number is:

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 he/she incurs 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 he/she 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 - 02/13/2013
Batch run: 02/13/2013
Rev:02/13/2013