14.22.02.01  List of Offense Headings

14.22.02.02  Seriousness Categories

14.22.02.9999 Administrative History

.00 Commission on Criminal Sentencing Policy.

Title 14 INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Chapter 01 General Regulations

Authority: Criminal Procedure Article, §§6-211(a) and 6-214, Annotated Code of Maryland

.01 Scope.

A. The Maryland sentencing guidelines apply to criminal cases prosecuted in a circuit court. The following sentencing matters handled by judges in a circuit court are excluded from guidelines coverage:

(1) Prayers for jury trial from District Court, unless a PSI is ordered;

(2) Appeals from District Court, unless a PSI is ordered;

(3) Crimes which carry no possible penalty of incarceration;

(4) First degree murder convictions if the death penalty is sought under Criminal Law Article, §2-303, Annotated Code of Maryland; and

(5) Public local laws and municipal ordinances.

B. Under Criminal Procedure Article, §6-211(b), Annotated Code of Maryland, the sentencing guidelines are voluntary and may not be construed to require a court to sentence a defendant as prescribed by this chapter.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adjudication" includes a:

(a) Finding of guilt by a judge or jury;

(b) Plea of guilt by the offender;

(c) Plea of nolo contendere (no contest) by the offender; or

(d) Sentence to probation before judgment (PBJ).

(2) "American Bar Association (ABA) plea agreement" means a plea agreement that:

(a) A court has approved relating to a particular sentence, disposition, or other judicial action; and

(b) Is binding on the court under Maryland Rule 4-243(c).

(3) "Cell" means the intersection of the offense score (or seriousness category) and the offender score on a two-variable guideline matrix.

(4) Correctional Options.

(a) "Correctional options" means:

(i) Home detention;

(ii) A corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar programs involving terms and conditions that constitute the equivalent of confinement;

(iii) Inpatient drug or alcohol counseling under Health General Article, Title 8, Subtitle 5, Annotated Code of Maryland; or

(iv) Participation in a drug court or HIDTA substance abuse treatment program.

(b) "Correctional options" includes programs established by the State Division of Correction, if the program meets the Commission's criteria, as described in §B(4)(a) of this regulation.

(5) Departure.

(a) "Departure" means a judicially imposed sentence that falls outside of the recommended sentencing guidelines range.

(b) "Departure" does not include any sentence that complies with at least one of the requirements that deems a sentence to be within the guidelines as set forth in Regulation .17 of this chapter.

(6) "Drug offense" means an offense involving controlled dangerous substances or paraphernalia.

(6-1) "Economic loss" means for all offenses involving theft and related crimes under Criminal Law Article, Title 7, or fraud and related crimes under Criminal Law Article, Title 8, Annotated Code of Maryland, the amount of restitution ordered by a circuit court judge or, if not ordered, the full amount of restitution that could have been ordered.

(7) Guidelines Offense.

(a) "Guidelines offense" means an offense prosecuted in a circuit court.

(b) "Guidelines offense" includes:

(i) New trials ordered by appellate courts; and

(ii) Reconsiderations, reviews, and probation revocations.

(c) "Guidelines offense" does not include:

(i) Prayers for jury trial from District Court, unless a PSI is ordered;

(ii) Appeals from District Court, unless a PSI is ordered;

(iii) Offenses which carry no possible penalty of incarceration;

(iv) First degree murder offenses if the death penalty is sought under Criminal Law Article, §2-303, Annotated Code of Maryland; or

(v) Public local laws and municipal ordinances.

(8) "Guidelines range" means the recommended sentencing range for offenders who fall within a particular cell of the person, drug, and property offense sentencing matrices.

(9) "Judge" means:

(a) The trial judge who imposes or alters a sentence; or

(b) A panel of trial judges who alter a sentence.

(10) "Multiple criminal events" means more than one criminal transaction committed over a period of time. Multiple criminal events being sentenced together may have occurred on the same or different dates. Offenses which occur on different dates are almost always multiple criminal events.

(11) "Offender score" means a summary score ranging from 0 to 9 which:

(a) Measures an offender's prior criminal history; and

(b) Is calculated for use in the person, drug, and property offense sentencing matrices.

(12) "Offense score" means a summary score ranging from 1 to 15 which:

(a) Measures the seriousness of a person offense; and

(b) Is calculated for use in the person offense sentencing matrix.

(13) "Person offense" means:

(a) An offense involving confrontation between the offender and the victim, including offenses with bodily harm or the threat of bodily harm to a victim; or

(b) A weapons offense.

(14) "Property offense" means an offense where property is unlawfully damaged or taken.

(15) "PSI" means a presentence investigation prepared in accordance with Correctional Services Article, §6-112, Annotated Code of Maryland. (13)

(16) "Sentencing guidelines worksheet" means the form:

(a) Issued by the Commission on Criminal Sentencing Policy; and

(b) Used to determine the recommended sentence outcome and to record sentencing data.

(17) "Seriousness category" means an offense ranking ranging from I to VII, where I designates the most serious criminal offenses and VII designates the least serious criminal offenses.

(18) "Single criminal event" means one or more crimes committed in the course of the same transaction.

(19) "Special vulnerability of victim" means cases in which the relative status of the victim tends to render the actions of the perpetrator more serious. A vulnerable victim is anyone:

(a) Younger than 11 years old;

(b) 65 years old or older; or

(c) Having a temporary or permanent physical or mental handicap, including an individual who is physically or mentally limited in a material way.

(20) "Victim injury" means physical or psychological injury to the crime victim, the cause of which is directly linked to the conduct of the defendant in the commission of the convicted offense.

(21) "Weapon usage" means the use of an article or device which reasonably appears capable of causing injury or the use of an article that could result in conviction under Criminal Law Article, §4-101, Annotated Code of Maryland.

(22) "White collar offense" means a property offense, identified as an illegal act or series of illegal acts committed by other than physical means and by concealment or guile to:

(a) Obtain money or property;

(b) Avoid payment or loss of money or property; or

(c) Obtain business or professional advantage.

.03 Sentencing Guidelines Worksheet.

A. The sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy shall be used to calculate the sentencing guidelines.

B. The sentencing guidelines and offense seriousness category in effect at sentencing shall be used to calculate the sentencing guidelines.

C. Single Criminal Event.

(1) The sentencing guidelines worksheet shall be used for up to three convicted offenses from a single criminal event.

(2) If there are more than three convicted offenses from a single criminal event, additional worksheets shall be used as needed.

D. Multiple Criminal Events.

(1) When two or more convictions result from separate criminal transactions over a period of time, each criminal transaction is considered a separate event.

(2) The individual completing the worksheet shall use at least one worksheet for each event.

E. Sentencing Guidelines Completion.

(1) Before the judge imposes the sentence, an individual shall complete the worksheet down to the section labeled "Actual Sentence" and include each convicted offense for which the offender is to be sentenced.

(2) If the judge orders a PSI, an agent of the Division of Parole and Probation shall complete each worksheet.

(3) If the judge does not order a PSI, the judge may complete the worksheet personally or delegate the task to counsel or the judge's staff.

(4) Regardless of who completes the worksheet, the judge shall review the worksheet for completeness and for accuracy.

F. Presentencing Distribution of Sentencing Guidelines Worksheets.

(1) The individual who completes the worksheet shall forward a copy of each completed worksheet to both the State and the defense so that they will have an opportunity to review the information provided.

(2) The State and the defense shall bring any disagreements between them to the judge's attention before sentencing.

(3) Changes in the worksheet may be made only by, or with the approval of, the judge.

.04 Sentencing Guidelines Sentence.

A. Sentence Range. Suspended time is not considered in determining whether the sentence falls within the recommended sentence range.

B. Offender Already Under Sentence.

(1) If an offender is already serving one or more sentences, the time remaining to be served may be considered in determining whether the sentence or sentences are within the recommended guidelines range.

(2) The judge shall indicate whether the new sentence is consecutive to or concurrent with the existing sentence.

C. Length of Probation. Within statutory limits, the length of any probation imposed is within the discretion of the judge.

.05 Sentences Outside the Guidelines.

A. The judge shall document on the guidelines worksheet the reason or reasons for imposing a sentence outside of the recommended guidelines range.

B. Common reasons for departure under the guidelines range include, but are not limited to, the following:

(1) The parties reached a plea agreement that called for a reduced sentence;

(2) The offender had a minor role in the offense;

(3) The offender was influenced by coercion or duress;

(4) The offender had diminished capability for judgment;

(5) The offender made restorative efforts after the offense;

(6) The victim's participation in the offense lessens the offender's culpability;

(7) The offender's commitment to substance abuse treatment or other therapeutic program; or

(8) Recommendation of the State's attorney or Division of Parole and Probation.

C. Common reasons for departure over the guidelines range include, but are not limited to, the following:

(1) The offender had a major role in the offense;

(2) The level of harm was excessive;

(3) Special circumstances of the victim;

(4) The offender exploited a position of trust;

(5) The offender committed a "white collar" offense;

(6) The offender had significant participation in a major controlled substance offense;

(7) The vicious or heinous nature of the conduct; or

(8) Recommendation of the State's attorney or Division of Parole and Probation.

.06 Guidelines Worksheet Distribution.

A. Worksheet Completion. The judge, the State, and the defense shall receive copies of the worksheets before sentencing. When an agent of the Division of Parole and Probation fills in a worksheet, the agent shall send the judge the first four copies, together with the PSI and the Maryland Sentencing Guidelines Criteria for Prior Record form issued by the Commission on Criminal Sentencing Policy.

B. Worksheet Completion. At sentencing, the judge shall enter the actual sentence and any changes to the worksheet including changes for any counts merged at sentencing.

C. Worksheet Distribution. After sentencing, the clerk shall distribute copies according to individual court practice. The Maryland Sentencing Guidelines Criteria for Prior Record form shall accompany the worksheets sent to the Commission on Criminal Sentencing Policy. If the court orders both incarceration and probation, the clerk shall forward a copy of the worksheet to the appropriate probation office. The clerk shall forward a copy of the worksheet to the agency that has been ordered to retain custody of the defendant. An agency receiving an inmate eligible for parole shall duplicate its worksheet and forward a copy of the worksheet to the Parole Commission.

.07 Case Information.

A. The top section of the sentencing guidelines worksheet contains:

(1) The offender's name, State Identification (SID) number, sex, race, ethnicity, and birth date;

(2) Jurisdiction where the case was tried;

(3) Whether or not a PSI was available;

(4) Dates of offense and sentencing;

(5) Number of convicted offenses and criminal events at the sentencing being reported;

(6) The number of the worksheet and criminal event;

(7) The title of the instant offense with its Maryland State Criminal Charge Code (commonly known as a "CJIS" code) and its Annotated Code of Maryland article and section number or common law reference;

(8) Statutory maximum penalty;

(9) The case or docket number; and

(10) A separate field for "unidentifiable race".

B. Jurisdiction Code. The individual completing the worksheet shall use the following numeric codes for the jurisdiction in which the defendant was tried on the guidelines worksheet:

(1) Allegany County = 1;

(2) Anne Arundel County = 2;

(3) Baltimore City = 24;

(4) Baltimore County = 3;

(5) Calvert County = 4;

(6) Caroline County = 5;

(7) Carroll County = 6;

(8) Cecil County = 7;

(9) Charles County = 8;

(10) Dorchester County = 9;

(11) Frederick County = 10;

(12) Garrett County = 11;

(13) Harford County = 12;

(14) Howard County =13;

(15) Kent County = 14;

(16) Montgomery County = 15;

(17) Prince George's County =16;

(18) Queen Anne's County = 17;

(19) St. Mary's County = 18;

(20) Somerset County = 19;

(21) Talbot County = 20;

(22) Washington County = 21;

(23) Wicomico County = 22;

(24) Worcester County = 23.

C. Convicted Offenses.

(1) The individual completing the worksheet shall record the total number of offenses for which a judge must impose a sentence in the space provided on the worksheet.

(2) Offenses considered as merged may not be placed on the worksheet and may not be considered in any of the worksheet computations.

D. Number of Criminal Events. The individual completing the worksheet shall write the total number of criminal events for which a defendant is being sentenced in the space for the number of criminal events at the sentencing.

E. Page Numbering of Worksheets.

(1) Multiple worksheets may be required for a single sentencing event. The individual completing the worksheets shall number each worksheet consecutively in the space provided for worksheet number.

(2) If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall maintain a separate count of worksheets for each criminal event.

(3) If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall number the criminal events chronologically by date of offense.

F. Convicted Offense Title. The individual completing the worksheet shall write the convicted offense titles and their corresponding Annotated Code of Maryland references or a reference to the common law in the space provided.

G. Signatures. The judge and the individual or individuals completing the worksheet shall sign at the bottom of the worksheet in the space provided.

H. Disposition Type.

(1) The disposition type refers to the nature and circumstances of the conviction and sentencing.

(2) The individual completing the worksheet shall indicate on the worksheet whether the disposition resulted from:

(a) An ABA plea;

(b) A non-ABA plea with agreement;

(c) A plea without agreement from the prosecutor or judge regarding the terms of the plea;

(d) A court trial;

(e) A trial by jury; or

(f) Reconsidered sentences, reviewed sentences, and probation revocations.

(3) The judge shall ensure that the disposition type box is marked.

I. Representation. In the box labeled "Representation", the individual completing the worksheet shall mark the numbered circle that corresponds to the type of legal representation the defendant received in the case.

J. Victim Information. The individual completing the worksheet shall provide the victim information requested in the designated space on the worksheet. The information requested includes:

(1) Whether there was a written or an oral Victim Impact Statement (VIS);

(2) Whether the victim was notified of and present at the sentencing;

(3) Whether the victim was notified of a plea agreement;

(4) Whether the victim filed a notification request form (NRF);

(5) Whether there was a victim in this offense; and

(6) If the victim was available to participate among other information.

K. Annotated Code of Maryland, Article and Section.

(1) The individual completing the worksheet shall identify the Annotated Code of Maryland reference for each convicted offense. The reference shall include the name or number of the article, the section number, and any subsection letters or numbers. If the substantive offense and the penalty for the offense are in separate sections or subsections, they shall both be referenced.

(2) "Common Law" shall be written in this space if the source of the offense is the common law. Some common law offenses have penalty provisions in the Annotated Code of Maryland. In these cases, the Code reference shall also be included.

L. CJIS Code. The individual completing the worksheet shall record in the designated space the CJIS code that corresponds to the convicted offense. The CJIS codes can be found in COMAR 14.22.02.02. If there are multiple CJIS codes for a listed offense and it is not known which code corresponds to the specific offense conduct, the space can be left blank.

M. Statutory Maximum and Mandatory Minimum Penalties.

(1) The maximum penalty prescribed for each convicted offense shall be recorded in the designated space on the worksheet.

(2) If the offense carries a nonsuspendable mandatory minimum penalty, that penalty shall be recorded in the designated space on the worksheet.

N. Economic Loss. In the area labeled "Actual Sentence", the individual completing the worksheet shall record in the designated space the dollar amount of the economic loss or mark "unknown amount" for all offenses involving theft and related crimes under Criminal Law Article, Title 7, or fraud and related crimes under Criminal Law Article, Title 8, Annotated Code of Maryland.

O. Record of Announcement. The court shall make a record of the statement in open court required under Criminal Procedure Article, §6-217, Annotated Code of Maryland, of the minimum time the defendant must serve before becoming eligible for parole.

.08 Guidelines Scoring.

A. For person offenses, the individual completing the worksheet shall compute an offense score and an offender score for each offense to be sentenced.

B. For drug and property offenses, the individual completing the worksheet shall compute the offender score and shall use the assigned offense seriousness category.

.09 Offense Score.

A. Computation of Offense Score. The individual completing the worksheet shall derive the offense score for each convicted offense by totaling the points given for certain factors of that offense. A column of offense scores is provided on the worksheet for each of the three possible offenses within a single criminal event. A judge may include factors known to the judge even if they are not within the scope of the convicted offense, such as weapon usage in a robbery conviction or victim injury in a handgun violation conviction.

B. Elements of the Offense Score.

(1) The offense score consists of four elements.

(2) Seriousness Category of the Convicted Offense.

(a) The individual completing the worksheet shall assign points based on the seriousness category of the convicted offense. COMAR 14.22.02 contains a list of Maryland criminal offenses and their assigned seriousness categories.

(b) The individual completing the worksheet shall assign the number of points that correspond to the seriousness category of each offense on the guidelines worksheet.

(c) Unless placed in a different category or specifically addressed by separate statute, the individual completing the worksheet shall consider a conspiracy, attempt, or solicitation in the same seriousness category as the substantive offense.

(d) Accessoryship.

(i) The individual completing the worksheet shall consider accessory after the fact to be a Seriousness Category V offense if the offense has a maximum penalty of 5 years under Criminal Law Article, §1-301, Annotated Code of Maryland.

(ii) If the accessory after the fact has a penalty of greater than 5 years under a statute other than Criminal Law Article, §1-301, the seriousness category shall be one seriousness category below the seriousness category of the substantive offense.

(iii) If the accessory after the fact has a penalty of less than 5 years, the seriousness category shall be the same category as the substantive offense.

(iv) An accessory before the fact offense shall be one seriousness category below the substantive offense if there is a specific verdict as to accessoryship.

(e) For conspiracy, attempt, solicitation, or accessoryship, the individual completing the worksheet shall specify the substantive illegal activity involved, and the substantive offense's Annotated Code of Maryland article and section number, if any.

(f) If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty of 1 year or less, the offense shall be assigned the lowest seriousness category (VII).

(g) If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty greater than 1 year, the individual completing the worksheet shall use the closest analogous offense and the sentencing judge and the parties shall be notified.

(3) Victim Injury.

(a) Victim injury, whether physical or psychological, shall be based on reasonable proof. Psychological injury shall be based on confirmed medical diagnosis or psychological treatment. Psychological injury is presumed not permanent unless otherwise demonstrated. Physical injury shall be more than minimal. Physical injuries such as lasting muscle damage or amputation are permanent.

(b) The individual completing the worksheet shall assign a score of 0 if there was no victim injury.

(c) The individual completing the worksheet shall assign a score of 1 if victim injury occurred and the injury was not permanent.

(d) The individual completing the worksheet shall assign a score of 2 if victim injury occurred and the injury was permanent or resulted in the death of the victim.

(e) The victim injury component of the offense score shall be completed for each offense to be sentenced.

(4) Weapon Usage.

(a) The individual completing the worksheet shall assign a score of 0 if no weapon was used.

(b) The individual completing the worksheet shall assign a score of 1 if a weapon other than a firearm was used.

(c) The individual completing the worksheet shall assign a score of 2 if a firearm or explosive was used.

(d) The individual completing the worksheet shall complete the weapon usage component of the offense score for each offense to be sentenced. The individual completing the worksheet shall apply the following rules:

(i) Explosives are considered the same as firearms;

(ii) Weapons other than firearms include incendiaries, knives, tire irons, and clubs;

(iii) Carbon dioxide (CO2) guns (including pellet guns) and starter pistols are also scored as weapons other than firearms and receive one point;

(iv) Except if used as a bludgeon, a toy gun is not a weapon and shall be scored as zero;

(v) Except if deliberately used as a weapon, automobiles are not included as weapons;

(vi) Unless the offender is a professional in some form of self-defense, parts of the body, such as hands or feet, are not included as weapons;

(vii) If a weapon was feigned but no weapon was actually present, the score shall be 0 (no weapon used); and

(viii) Any applicable guidelines points for weapon usage shall be given to an accessory before the fact, but not to an accessory after the fact.

(5) Special Vulnerability of Victim. The individual completing the worksheet shall assign a score of 0 if the victim is not defined as a vulnerable victim. The individual completing the worksheet shall assign a score of 1 if the victim is defined as a vulnerable victim. The individual completing the worksheet shall complete the Special Vulnerability of Victim component of the offense score for each offense to be sentenced.

C. Total Offense Score. To obtain an offense score, the individual completing the worksheet shall add the points assigned to each element of the offense score for each person offense of which the defendant was convicted. The maximum score is 15 and the minimum score is 1.

.10 Computation of the Offender Score.

A. Computation of the Offender Score. The individual completing the worksheet shall derive the offender score by totaling the points represented by the offender's prior criminal history. Any prior criminal adjudications, as defined in COMAR 14.22.01.02B(1), shall be included. With the exception of the juvenile delinquency component of the offender score, the offender score refers only to the defendant's adult involvement with the criminal justice system.

B. Four Components of the Offender Score.

(1) Relationship to the Criminal Justice System When Instant Offense Occurred. If the offender was in the criminal justice system as the result of an adjudication of guilt as an adult, the individual completing the worksheet shall assign a score of 1. The offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status at the time the offense was committed. An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment.

(2) Juvenile Delinquency.

(a) The individual completing the worksheet shall count findings of a delinquent act the same as convictions, that is, there may be more than one as part of a single event.

(b) Commitments refer to a court transferring legal custody to the Maryland Department of Juvenile Services or comparable commitment to another federal or state authority. The individual completing the worksheet shall count suspended juvenile commitments as findings of a delinquent act.

(c) The individual completing the worksheet shall treat an incarcerable traffic offense in which the court finds a juvenile involved as part of his or her juvenile record.

(d) The individual completing the worksheet shall assign a score of 0 if an offender is 23 years or older by the date of the offense. The individual completing the worksheet shall assign a score of 0 if an offender has been crime free for 5 years since the last finding of a delinquent act or last adjudication. The individual completing the worksheet shall assign a score of 0 if an offender has no more than one finding of a delinquent act.

(e) The individual completing the worksheet shall assign a score of 1 if an offender:

(i) Is younger than 23 years old; and

(ii) Has two or more findings of a delinquent act or one commitment.

(f) The individual completing the worksheet shall assign a score of 2 if an offender:

(i) Is younger than 23 years old; and

(ii) Has been committed two or more times.

(3) Prior Adult Criminal Record.

(a) In General.

(i) The prior adult criminal record includes all adjudications preceding the current sentencing event, whether the offense was committed before or after the instant one. Unless expunged from the record, the individual completing the worksheet shall include probations before judgment (PBJ) and convictions under the Federal Youth Corrections Act (FYCA). The individual completing the worksheet may not consider violations of public local laws, municipal infractions, contempt, criminal non-support, and non-incarcerable traffic offenses as part of a prior adult criminal record.

(ii) The sentencing guidelines and offense table in effect at the time of the current sentencing event shall be used to determine the correct seriousness category for each adjudication included in the calculation of prior criminal adult record.

(iii) If a Maryland offense has not been assigned a seriousness category or has been repealed from the Maryland Annotated Code, the individual completing the worksheet shall use the closest analogous offense and the sentencing judge and the parties shall be notified.

(b) Criteria.

(i) The individual completing the worksheet shall use the instructions and table below to determine whether a defendant's prior criminal adult record is minor, moderate, or major. If the defendant has no prior adult criminal record, the individual completing the worksheet shall assign a score of 0. If the defendant has a minor adult criminal record, the individual completing the worksheet shall assign a score of 1. If the defendant has a moderate criminal record, the individual completing the worksheet shall assign a score of 3. If the defendant has a major criminal record, the individual completing the worksheet shall assign a score of 5.

(ii) The individual completing the worksheet shall count the number of prior adjudications of guilt according to the seriousness categories. If prior multiple convictions relate to a single criminal event, the individual completing the worksheet shall score only the offense with the highest seriousness category.

(iii) Taking the number of adjudications in the most serious category of offenses, the individual completing the worksheet shall refer to the table below and locate the block containing the number of convictions for that seriousness category.

(iv) The individual completing the worksheet shall use the criteria in the identified block to classify the record as Minor, Moderate, or Major.

(v) Criteria Matrix.

(c) Different Criminal Events Sentenced Together. If multiple offenses from different criminal events are being sentenced together at this sentencing event, the offender's criminal record includes any adjudication of guilt before the current sentencing and is the same for each offense being sentenced at this time.

(d) Convictions Out of Jurisdiction. If an offender has been convicted in another jurisdiction, the individual completing the worksheet shall match the offense as closely as possible to the closest analogous Maryland offense. If no Maryland analogous offense exists, the individual completing the worksheet shall count the offense in the lowest seriousness category (VII), and shall inform the judge and parties.

(e) Theft-Type Offenses. Theft convictions, such as larceny, larceny by trick, or larceny after trust, that took place before the enactment of the comprehensive theft statute in 1978 are considered misdemeanor theft if they were misdemeanors and felony theft if they were felonies.

(f) Criminal Record Decay Factor. If an offender has lived in the community for at least 10 years before the instant offense without criminal justice system involvement resulting from an adjudication of guilt or a plea of nolo contendere, the criminal record shall be reduced by one level: from Major to Moderate, from Moderate to Minor, or from Minor to None. An offender was in the criminal justice system if the offender:

(i) Had criminal charges that were never adjudicated because of some act or omission of the offender, such as failing to appear;

(ii) Absconded supervisory status, for example, parole, probation, work release, or mandatory supervision;

(iii) Had an open warrant or summons;

(iv) Was on supervisory status; or

(v) Was an escapee.

(g) Conspiracies, Attempts, Solicitations, and Accessoryships.

(i) The individual completing the worksheet shall place conspiracies, attempts, and solicitations in the same seriousness category as the substantive offense unless placed in a different category or specifically addressed by separate statute.

(ii) If accessory after the fact has a maximum penalty of 5 years under Criminal Law Article, §1-301, Annotated Code of Maryland, the individual completing the worksheet shall score it with a seriousness category V.

(iii) If accessory after the fact has a penalty of greater than 5 years under a statute other than Criminal Law Article, §1-301, Annotated Code of Maryland, the seriousness category shall be one seriousness category below the seriousness category of the substantive offense.

(iv) If accessory after the fact has a penalty of less than 5 years, the seriousness category shall be the same category as the substantive offense.

(v) An accessory before the fact offense shall be one seriousness category below the substantive offense if there is a specific verdict as to accessoryship.

(4) Prior Adult Parole/Probation Violations.

(a) The individual completing the worksheet shall assign a score of 0 if the offender has never been on adult parole, probation, or equivalent supervisory status, or has successfully completed previous periods of supervision as an adult.

(b) The individual completing the worksheet shall assign a score of 1 if the offender was ever adjudicated in violation of parole, probation, or equivalent supervisory status, or was convicted of an offense while on parole, probation, or equivalent supervisory status, unless the adjudication or conviction arose from the offense or offenses of this sentencing event. The individual completing the worksheet may not assign a point simply because the offender was on parole, probation, or equivalent supervisory status at the time of the instant offense.

C. Total Offender Score. To obtain the total offender score, the individual completing the worksheet shall add the points assigned to each element of the offender score. The maximum offender score is 9 and the minimum score is 0.

.11 Determining the Guidelines Sentence.

A. Guidelines Range. After the offense and offender scores have been calculated for each offense for which there is a conviction or other adjudication of guilt, the individual completing the worksheet shall use the appropriate matrix -person, drug, or property-to determine the guidelines range. In multiple offense cases, the individual completing the worksheet shall determine the overall guidelines range after calculating guidelines for the individual offenses.

B. Actual Sentence. At the time of sentencing, the judge shall enter the actual sentence on the worksheet. Complete sentencing information for each convicted offense includes credit for time served, suspended time, length of probation, fine, restitution, and community service. If at any time a sentence is altered, a judge shall issue a revised worksheet and direct that the worksheet be distributed in the same manner as an original worksheet.

C. Person Offenses.

(1) To find the recommended guidelines sentence for a person offense, the individual completing the worksheet shall use the sentencing matrix for offenses against persons. The guideline ranges are in a grid format with the offense score on the vertical axis and the offender score on the horizontal axis. The guidelines range for any given convicted offense is in the cell where the two scores intersect.

(2) Sentencing Matrix for Offenses Against Persons.

Note: P=Probation M=Months Y=Years L=Life

D. Drug Offenses.

(1) To find the recommended guidelines sentence for a drug offense, the individual completing the worksheet shall use the sentencing matrix for drug offenses. The guideline range for a particular instant offense is in the cell opposite the seriousness category for that offense and under the applicable offender score.

(2) Sentencing Matrix for Drug Offenses.

Note: P=Probation M=Months Y=Years

E. Property Offenses.

(1) To find the recommended guidelines sentence for a property offense, the individual completing the worksheet shall use the sentencing matrix for property offenses. The guidelines range for a particular offense is in the cell opposite the seriousness category for that offense and under the applicable offender score.

(2) Sentencing Matrix for Property Offenses.

Note: P=Probation M=Months Y=Years

.12 Multiple Offense Scoring.

A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.

(1) The individual completing the worksheet shall calculate the guidelines range for each offense.

(2) The individual completing the worksheet shall determine the overall guideline range by identifying the highest of the lower guidelines limit and highest of the upper guidelines limit of all of the offenses and by:

(a) Except as provided in §A(2)(b) of this regulation, identifying the highest of the upper guidelines limit; and

(b) If there are separate offenses for different victims, by adding together the upper range of the highest of the upper guidelines range for each victim.

(3) Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range.

B. Single Criminal Event, Two or More Seriousness Category I or II Offenses.

(1) The individual completing the worksheet shall calculate the guidelines range for each offense.

(2) The individual completing the worksheet shall determine the overall guidelines range by adding the guidelines ranges for each offense in Seriousness Category I or II.

(3) Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range.

C. Multiple Criminal Events, One Offense in Each Event.

(1) The individual completing the worksheet shall arrange the offenses in chronological order beginning with the one committed first.

(2) The individual completing the worksheet shall calculate the guideline range for each event's convicted counts. The prior criminal adult record is constant throughout the event. A prior adult criminal record score reflects the defendant's criminal history on the date of sentencing. The prior adult criminal record calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time.

(3) The individual completing the worksheet shall determine the overall guidelines range by adding the ranges for each event.

(4) Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range.

D. Multiple Criminal Events With Multiple Offenses Within One or More Event or Events.

(1) The individual completing the worksheet shall arrange the events in chronological order, beginning with the offense or offenses committed in the first event.

(2) The individual completing the worksheet shall calculate the guidelines range for each offense in the first event.

(3) The individual completing the worksheet shall determine the overall guidelines range for the first criminal event as if there were only one event, but may not enter it on the worksheet.

(4) The individual completing the worksheet shall repeat the instruction of §D(2) and (3) of this regulation for each succeeding criminal event. The prior criminal adult record is constant throughout each event. A prior adult criminal record score reflects the defendant's criminal history on the date of sentencing. The prior adult criminal record calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time.

(5) After determining the overall guidelines range for each criminal event, the individual completing the worksheet shall add the ranges to determine the overall guidelines range for the entire case.

(6) Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range.

.13 Presentence Detention.

When a defendant has been incarcerated before sentencing, the judge shall indicate the detention under "Actual Sentence". The judge shall indicate either the number of days credit for time served or the date on which the sentence is to begin.

.14 Mandatory Sentences.

If the guidelines sentence range exceeds the statutory maximum for a given offense, the statutory maximum is the upper limit of the guidelines range. If the guidelines range is below the nonsuspendable mandatory minimum, that minimum is the lower limit of the guidelines range. The adjusted guidelines range for first degree murder is always a mandatory suspendable term of "life to life" and should replace the calculated guidelines range.

.15 Subsequent Offenses.

Enhanced punishment law for subsequent offenders takes precedence over guidelines ranges if not otherwise provided for in these regulations. When the statutory penalty for a drug offense is doubled under Criminal Law Article, §5-905, Annotated Code of Maryland, the guidelines range for that offense is also doubled. The guidelines sentence is determined by doubling the appropriate sentence from the drug offense sentencing matrix except when the mandatory minimum sentence under Criminal Law Article, §5-602, Annotated Code of Maryland, is invoked and takes precedence. If sentencing is pursuant to an enhanced punishment statute, the individual completing the worksheet shall mark the worksheet and specify the statute.

.16 Maryland Sentencing Guidelines Manual.

The individual completing the worksheet shall use the sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy and may refer to the Maryland Sentencing Guidelines Manual for additional instruction and for case examples.

.17 Sentences Deemed to Be Within Guidelines.

Notwithstanding the actual guidelines range, the Commission on Criminal Sentencing Policy shall deem a sentence within the guidelines range if a judge:

A. Approved an ABA plea agreement and sentence agreed to by both the defendant and by the State; or

B. Imposed a sentence of correctional options if the defendant's:

(1) Initial sentence plus any suspended sentence falls within or above the overall guidelines range; and

(2) Current sentence or sentences and any pending charges do not include a violation of:

(a) A crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland;

(b) Sexual child abuse or child abuse with death under Criminal Law Article, §3-601, Annotated Code of Maryland;

(c) Escape; or

(d) A law of the United States or of any other state or the District of Columbia similar to §B(2)(a)-(c) of this regulation.

Regulation .17B amended effective January 19, 2004 (31:1 Md. R. 31)

List of Offense Headings.

A

Abuse and Other Offensive Conduct

Accessory After the Fact

Animals, Crimes Against

Arson and Burning

Assault and Other Bodily Woundings

Assault Pistols

Assisted Suicide

B

Bad Check

Bribery

Burglary and Related Crimes

C

CDS and Paraphernalia, Crimes

CDS-Registration

Cemeteries and Funerary Objects, Crimes Involving

Commercial Fraud, Other

Consumer Protection Laws

Counterfeiting

Credit Card Crimes

Crimes Against the Person, Generally

Criminal Gang Offenses

D

Destructive Devices

Disturbing the Peace, Disorderly Conduct, and Related Crimes

E

Election Offenses

Estates, Crimes Against

Extortion and Other Threats

F

False Statements, Other

Fraud, Telecommunication Service Providers

Fraud, Miscellaneous

G

Gambling, General Provisions

H

Handguns-In General

Harboring, Escape, and Contraband

Hate Crimes

I

Identity Fraud

Influencing or Intimidating Judicial Process

Interference with or Misuse of Government Operations

K

Kidnapping and Related Crimes

L

Lotteries

M

Machine Guns

Malicious Destruction and Related Crimes

Manslaughter and Related Crimes

Marriage, Crimes Against

Motor Vehicle Offenses

Murder

N

Nudity and Related Sexual Displays

O

Obscene Matter

P

Perjury

Prescription Drugs and Other Substances

Prostitution and Related Crimes

Public Fraud

Public Health and Safety, Crimes Against

R

Railroads, Crimes Involving

Robbery

S

Sabotage and Related Crimes

Sexual Crimes

Stalking and Harassment

Surveillance & Other Crimes Against Privacy

T

Telecommunications and Electronics, Crimes Involving

Theft, Crimes Involving

Trespass

U

Unlawful Use of Goods

W

Weapons Crimes-In General

14.22.02.02

.02 Seriousness Categories.