Maryland State Commission on Criminal Sentencing Policy

A: Yes. A worksheet should be completed and submitted for all Guidelines Offenses. As a practical matter, this means that a worksheet should be completed for all offenses prosecuted in a Circuit Court, including new trials and reconsiderations, reviews, and probation revocations where the underlying offense was also a guidelines offense. Maryland Sentencing Guidelines Manual (MSGM) 3.1.

Q: Why aren't some offenses included in the offense table?

A: There are three main reasons why an offense would not be listed in the offense table.

The first reason is that the instant offense is not a Guidelines Offense. Offenses that carry no possible penalty of incarceration, along with a very few other exceptions, are not Guidelines Offenses. No worksheet should be completed for these offenses.

Another reason is that the offense satisfies the definition of a Guidelines Offense but has a maximum penalty of 1 year or less. The Commission has determined that offenses that are not otherwise listed in the offense table and are punishable by a maximum of 1 year or less should automatically be assigned an offense seriousness category VII. A worksheet should be completed using seriousness category VII for these cases.

The final reason is that the offense, though it satisfies the definition of a Guidelines Offense, is newly enacted and has yet to be included in the offense table. If this is the case, a worksheet should be completed using the closest analogous Guidelines Offense to determine the seriousness category. If you believe there is an error or omission in the Guidelines Offense Table, please contact the MSCCSP staff by e-mail or by phone at (301) 403-4165.

Q: Are weapon points awarded for offenses where a weapon was present but not used?

For example, an offender is pulled over for a motor vehicle offense and a handgun is found in the car. Should the offender be given 2 points in the Offense Score for Firearm or Explosive under Weapon Usage?

A: Yes, weapon points are awarded for any Criminal Event where a weapon is present. MSGM 6.1(C).

Q: Should an offender be given points for Victim Injury if the offender was involved in the Criminal Event, but not in the actual injury of the victim?

For example, two co-offenders were found guilty of robbery. The victim suffered a permanent injury during the commission of the robbery. By all accounts, offender 1 was the only offender who touched the victim. Would offender 2 be given points for victim injury?

A: Yes, if a victim is injured in a Criminal Event, any offender guilty of the offense(s) constituting that event should be given points in the Offense Score for victim injury. MSGM 6.1(B).

Q: If an offender injures a victim during a Criminal Event involving an automobile, is the automobile considered a weapon?

A: No, except if deliberately used as a weapon, automobiles are not included as weapons. MSGM 6.1(C)(e).

Q: Do I need to complete an Offense Score and Offender Score if the offender is charged with murder and the guidelines range is Life to Life?

A: Yes. We ask that you still complete the entire worksheet so we can collect data on the offender's prior record and other information relevant to the case. MSGM 8.2.

Q: How does the date of sentencing relate to changes in guidelines?

A: The sentencing guidelines and seriousness category in effect at the time of sentencing shall be used to calculate the guidelines. MSGM 5.2.

Q: How many worksheets should be completed for a Single Criminal Event with multiple victims?

A: It depends. If all of the victims were harmed during the same Criminal Event, each of the separate counts can be included on the same sheet provided that there is sufficient space. If there are more than three offenses, then at least one separate sheet should be used. When completing a worksheet for a Single Criminal Event with multiple victims, the victim section of the worksheet should be completed using the information relating to the victim in the most serious offense. MSGM 10.1.

Q: How do you calculate overall guidelines for a Single Criminal Event with multiple victims and less than two Category I or Category II offenses (i.e., "stacking rule")?

A: Identify the correct guidelines range for each offense. Calculate the overall upper guidelines range by adding the upper range for each victim. Calculate the overall lower guidelines range using the standard protocol. MSGM 10.1.

For example, an offender with an Offender Score of 0 has been adjudicated guilty for 2 counts of 1^st degree Assault [CR, §3-202], a person offense, category III. There were two victims, neither of whom was injured, neither of whom had a special vulnerability, and the offender did not use a weapon – making a total Offense Score of 5. The guidelines range for Offender Score 0 and Offense Score 5 for each count of Robbery is 3M-4Y. The upper ranges should be added or “stacked” (to reflect two victims) so the correct overall guidelines range is 3M-8Y.

Q: Are there instances when the guidelines should be adjusted due to unique circumstances (e.g., multiple victims, subsequent offender status)?

A: Yes. See MSGM, Chapter 10 for a complete discussion of how to adjust the guidelines in these circumstances.

Q: When determining an offender's prior adult criminal record to determine the Offense Score, is a Nolo Contendre plea an adjudication of guilt?

A: Yes, a nolo contendre plea is an adjudication of guilt, as is a sentence to Probation Before Judgment (PBJ) (unless expunged), and a plea of guilty that has not yet been sentenced. MSGM 7.1(C).

Q: When calculating an offender's prior adult criminal record, if an offender has been convicted of another offense but not yet sentenced--should that conviction counted in the history?

A: Yes, as stated above, an adjudication of guilt for each Criminal Event, regardless of whether it remains to be sentenced, should be included in calculating the adult criminal record. MSGM 7.1(C).

Q: What is the difference between seriousness categories III-A, III-B, and III-C in the drug matrix?

A: Seriousness category III-A is used for Distribution of MDMA (ecstasy), 750 grams or more [CR, §5-609(a)(9)] AND Importation of marijuana, 45 kilograms or more [CR, §5-614(a)(1)].

Seriousness category III-B is used for non-marijuana and non-MDMA offenses that have a seriousness category III, such as Distribution of schedule I or II narcotics or hallucinogenics (e.g., heroin, cocaine, PCP, and LSD) [CR, §5-608; CR, §5-609] or Distribution of large amounts of controlled dangerous substance [CR, §5-612(a)].

Seriousness category III-C is used for Importation of certain controlled dangerous substances, other than marijuana [CR, §5-614(a)].

Q: What is the seriousness category of "violation of protective order, 1st offense"?

A: Violation of protective order, 1st offense [FL, §4-509(a)(1)], is a person offense, with a seriousness category VII and a maximum term of 90 days.

Q: Where is "uttering" located in the offense table?

A: Uttering is now called Counterfeit Documents [CR, §8-602(a)] and is found under the Counterfeiting heading of the offense table. The offense is a property offense with a seriousness category V and a maximum term of 10 years.

Q: Where is "reckless endangerment" located in the offense table?

A: Reckless endangerment [CR, §3-204(a)] is found under the Assault and Other Bodily Woundings heading in the offense table. The offense is a person offense with a seriousness category V and a maximum term of 5 years.

Q: Where is "resisting arrest" located in the offense table?

A: Resisting arrest [CR, §9-408] is found under the Harboring, Escape, and Contraband heading in the offense table. The offense is a person offense with a seriousness category VI and a maximum term of 3 years.

Q: Where is "violation of probation" located in the offense table?

A: Violation of probation is not listed in the offense table. This is because when an offender is being sentenced on a violation of probation s/he is being sentenced pursuant to the underlying criminal conviction. The worksheet should list the underlying offense first and note that a revocation has occurred. In addition, the guidelines range should be calculated for the underlying offense and both the original sentence and the adjusted sentence should be recorded on the worksheet (in the Actual Sentence section).

Q: What does section A under "Offender Score" on the worksheet mean?

A: Section A of "Offender Score" corresponds to an individual's relationship to the criminal justice system at the time the instant offense occurred. If the individual was on probation, parole, incarcerated, on work release, mandatory supervision, escape or comparable status at the time of the instant offense, s/he should be assigned 1 point for Section A. Otherwise, assign no points. MSGM 7.1(A).

Q: When the non-suspendable mandatory minimum and/or maximum sentence falls outside the calculable guidelines range, which controls?

A: If the non-suspendable mandatory minimum is greater than the lower guidelines range, the non-suspendable mandatory minimum should replace the lower guidelines range. If the statutory maximum is less than the upper guidelines range, the statutory maximum should replace the upper guidelines range. MSGM 8.5., 10.3-10.4.

This is especially likely to occur for those offenses where both a non-suspendable mandatory minimum and statutory maximum are identified. For example, possesion of a regulated firearm after having been convicted of a crime of violence [CR §5-133(c)], is a person offense with a seriousness category V, a mandatory minimum of five years, and a statutory maximum of five years. When completing the worksheet for this charge, the correct guidelines range is always 5Y MM-5Y, this is because the lower range can never be less than the non-suspendable mandatory minimum and the upper range can never exceed the statutory maximum.

Q: What authority does the Maryland State Commission on Criminal Sentencing Policy have?

A: The MSCCSP can make recommendations and offer interpretations of the manual and the worksheets, but the ultimate authority lies with the sentencing judge. See Preface to MSGM.

Q: How do I order more worksheets?

A: Click here to submit an electronic request for additional worksheets. You may also contact the MSCCSP staff by e-mail or by phone at (301) 403-4165 to place an order. Although some exceptions may occur, the worksheets will most likely be mailed to you the next business day. Worksheets are available in packages of 50, with a typical order consisting of one to five packages.

Q: How can I get a copy of the Maryland Sentencing Guidelines Manual?

A. Click here to view and download a print friendly version of the manual. Both the manual and the offense table are text searchable for your convenience.

Q: How can I learn more about sentencing guidelines worksheet preparation?

A: The MSCCSP staff is available to conduct worksheet training sessions at your convenience. They regularly travel throughout the state to train and assist practitioners in guidelines worksheet completion. Judges, State's Attorneys, Public Defenders, and parole/probation agents have all participated in various forms of these training sessions. If you would like to schedule a session, please contact the Commission's Training Director.

In addition, the MSCCSP staff has compiled a list of common oversights with regard to worksheet completion. This list provides information on mistakes commonly found in worksheets submitted to the Commission. If you are unable to find the answers to your questions on this page, please do not hesitate to contact our office at (301) 403-4165.