Requirements for Designation
State must prove to the sentencing court beyond a preponderance of the evidence that the defendant:
1. Any person who committed or attempted to commit one of the following
- Treason
- Murder
- Manslaughter
- Sexual Battery
- Carjacking
- Home-invasion Robbery
- Robbery
- Arson
- Kidnapping
- Aggravated Assault with a Deadly Weapon
- Aggravated Battery
- Aggravated Stalking
- Aircraft piracy
- Unlawful throwing, placing or discharging of a destructive device or bomb
- Any felony that involves the use of physical force or violence against an individual
- Armed Burglary
- Burglary of dwelling
- Burglary of an occupied Structure
- Persons Engaged in criminal offense, having weapons
- Lewd or Lascivious offenses
- Child Abuse, aggravated abuse, and neglect of a child
- Sexual Performance by a child; child pornography
- Certain Computer Transmissions Prohibited
2. The crime or attempt to commit the crime occurred within three years after being released from State correctional facility operated by the Department of Corrections or a private vendor, a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence, or a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than one year in this state.
Effect of Designation
If the court finds the defendant qualifies as a Prison Releasee Reoffender:
1. The Defendant is NOT eligible for sentencing under the Sentencing Guidelines and must be sentenced as follows:
- For a felony punishable by life, by a term of imprisonment for life
- For a felony of the first degree, by a term of imprisonment of 30 years
- For a felony of the second degree, by a term of imprisonment of 15 years
- For a felony of the third degree, by a term of imprisonment of 5 years
2. The Defendant is not eligible for any kind of good or gain time. “A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.
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