§22-1511.

§22-1511.
   
   A. The Commission shall establish criteria for use by a sentencing
   court in determining the most appropriate sentence to be imposed in a
   criminal case, including but not limited to:
   
   1. Imposition of an active term of imprisonment;
   
   2. Imposition of a term of probation;
   
   3. Suspension of a sentence to imprisonment and imposition of
   probation with conditions, including house arrest, electronic
   monitoring, regular probation, intensive probation, restitution and
   community service;
   
   4. Imposition of a fine;
   
   5. Imposition of other sentencing alternatives;
   
   6. Based upon the combination of offense and defendant characteristics
   in each case, the presumptively appropriate length of a term of
   probation, or a term of imprisonment;
   
   7. Ordering multiple sentences to terms of imprisonment to run
   concurrently or consecutively; and
   
   8. For a sentence to probation without a suspended sentence to
   imprisonment, the maximum term of confinement to be imposed if the
   defendant violates the conditions of probation.
   
   B. The sentencing criteria shall take into consideration the goals,
   policies and purposes of the criminal justice and corrections systems,
   as set forth in Section 14 of this act.
   
   C. In formulating criteria, the Commission also shall consider:
   
   1. The nature and characteristics of the offense;
   
   2. The severity of the offense in relation to other offenses;
   
   3. The characteristics of the defendant that mitigate or aggravate the
   seriousness of the criminal conduct and the punishment deserved
   therefor;
   
   4. The defendant's number of prior convictions;
   
   5. The available resources and constitutional capacity of the
   Department of Corrections, other confinement facilities, and
   community-based sanctions;
   
   6. The rights of the victims;
   
   7. That felony offenders sentenced to an active term of imprisonment,
   or whose suspended sentence to imprisonment is activated, should serve
   a designated minimum percentage of their sentences before they are
   eligible for parole; and
   
   8. That misdemeanor offenders sentenced to an active term of
   imprisonment, or whose suspended sentence to imprisonment is
   activated, should serve a designated minimum percentage of their
   sentence.
   
   D. The Commission shall also consider the policy issues set forth in
   Section 14 of this act in developing its sentencing criteria. The
   Commission shall include with each set of sentencing criteria a
   statement of its estimate of the effect of the sentencing criteria on
   the Department of Corrections and local facilities, both in terms of
   fiscal impact and on inmate population. If the Commission finds that
   the proposed sentencing criteria will result in inmate populations in
   the Department of Corrections or local confinement facilities that
   exceed the authorized capacity, then the Commission shall present an
   additional set of criteria that are consistent with that capacity.
   
   E. Beginning July 1, 1996, when imposing a criminal sentence, the
   court shall impose the sentence under the sentencing criteria
   formulated and adopted pursuant to this section if such criteria have
   been approved by the Legislature.