Maryland SCCSP: Guidelines

Old Maryland Sentencing Guidelines Manual - Appendix B

Classification of the Prior Adult Criminal Record

Procedures

If the offender has ever been convicted of an offense as an adult or received an adjudication of guilt, use the criteria in Table B.1 (p. B-3) or B.2 (pp. B-6-B-7) before completing the worksheet for each criminal event to determine whether the prior record for that criminal event should be considered Minor, Moderate or Major. Using the Criteria for Prior Record form (p. B-4) to record the details of prior record information will make worksheet tabulation simpler and more accurate. The procedure for the proper use of Table B.1 consists of the following steps:

Count the number of prior adjudications of guilt according to the Seriousness Categories in Appendix A.

Taking the number of adjudications in the most serious category of offenses, refer to Table B.1 and locate the block containing the number of convictions for that seriousness category.

Use the criteria in the identified block to classify the record as Minor, Moderate or Major.

Table B.2 may be used instead of Table B.1 to classify a prior record. It is simply a verbal description of Table B.1

Additional Instructions

Prior Adult Criminal Record

The prior adult criminal record includes all adjudications of guilt preceding the current sentencing event, whether the offense(s) was committed before or after the instant one. Probations before judgment (PBJ) and convictions under the Federal Youth Corrections Act (FYCA) are included unless expunged from the record. (If a PBJ or FYCA conviction appears in the defendant's record, it has not been expunged.) Not considered part of a prior adult criminal record are public local laws, municipal infractions, contempt, criminal non-support, and non-incarcerable traffic offenses. If the seriousness category of a Maryland offense is not in the Manual, use Seriousness Category VII.

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 will include any adjudicationof guilt prior to the current sentencing and will be the same for each offense being sentenced at this time.

Convictions Out of State

If an offender has ever been convicted out of state, the offense should be matched as closely as possible to a Maryland offense. If no Maryland counterpart exists, the offense should be counted in the lowest seriousness category, VII, and the sentencing judge should be informed.

Theft-Type Offenses

In 1978, a comprehensive theft statute replaced the previously separate designation of offenses such as Larceny, Larceny by Trick, Larceny after Trust, Embezzlement, False Pretenses, Shop- lifting, and Receiving Stolen Goods. For purposes of guidelines, the old offenses should be considered "Theft under $300" if they were misdemeanors and "Theft $300 or More" if they were felonies.

Criminal Record Decay Factor

If an offender has lived in the community for at least ten years prior to the instant offense without parole or probation supervision and without any adjudication of guilt, his criminal record should be lowered one level: from Major to Moderate, from Moderate to Minor, or from Minor to None.

Conspiracies, Attempts and Solicitations

Conspiracies, attempts and solicitations should be considered in the same seriousness category as the substantive offense unless placed in a different category in Appendix A or specifically addressed by separate statute Attempted Arson, 27/10). Accessory before or after the fact is considered to be one seriousness category below the substantive offense.

Table B.1 - Criteria for Prior Adult Criminal Record

Number of Convictions
Seriousness Category	1	2	3	4	5-9	10 or more
I	Major	Major	Major	Major	Major	Major
II	Major if combined with any offenses in Categories III - VI or any 5 offenses Moderate	Major	Major	Major	Major	Major
III	Major if combined with two or more offenses in Categories IV - VI or any 6 offenses Moderate	Major	Major	Major	Major	Major
IV	Major if combined with 3 or more offenses from Categories V or VI, or any 7 offenses Moderate	Major if combined with 1 or more offenses from Categories V or VI, or any 6 offenses Moderate	Major	Major	Major	Major
V	Major if combined with any 8 offenses Moderate if combined with not less than 3, nor more than 7 offenses Minor	Major if combined with any 7 offenses Moderate if combined with not less than 1, nor more than 6 offenses Minor	Major if combined with any 6 offenses Moderate	Major if combined with any 5 offenses Moderate	Major	Major
VI	Major if combined with any 9 offenses Moderate if combined with not less than 4, nor more than 8 offenses Minor	Major if combined with any 8 offenses Moderate if combined with not less than 3, nor more than 7 offenses Minor	Major if combined with any 7 offenses Moderate if combined with not less than 2, nor more than 6 offenses Minor	Major if combined with any 6 offenses Moderate	Major if total number of convictions is equal to or greater than 10 Moderate	Major
VII	Minor	Minor	Minor	Minor	Moderate	Major

Table B.2 - Description

Major Record - An offender who has been found guilty of one or more offenses in the past as an adult is considered to have a major adult criminal record if his or her record contains:

One or more Seriousness Category I offenses.

One Seriousness Category II offense, combined with: One or more offenses from Seriousness Category III - VI, or Any other five offenses

Two or more Seriousness Category II offenses.

One Seriousness Category III offense, combined with: Two or more offenses from Seriousness Category IV - VI, or Any other six offenses.

Two or more Seriousness Category III offenses.

One Seriousness Category IV offense, combined with: Three or more offenses from Seriousness Category V or VI, or Any other seven offenses.

Two Seriousness Category IV offenses, combined with: One or more offenses from Seriousness Category V or VI, or Any other six offenses.

Three or more Seriousness Category IV offenses.

One Seriousness Category V offense, combined with any other eight offenses.

Two Seriousness Category V offenses, combined with any other seven offenses.

Three Seriousness Category V offenses, combined with any other six offenses.

Four Seriousness Category V offenses, combined with any other five offenses.

Five or more Seriousness Category V offenses.

Ten or more adjudications of guilt from any combination of seriousness categories.

Moderate Record - An offender who has been found guilty of one or more offenses in the past as an adult is considered to have a moderate record if he or she does not meet any of the criteria for a major record, but whose record contains:

One Seriousness Category II offense.

One Seriousness Category III offense.

One or two Seriousness Category IV offenses.

One Seriousness Category V offense, combined with not less than three nor more than seven other offenses.

Two Seriousness Category V offenses, combined with not less than one nor more than six other offenses.

Three or four Seriousness Category V offenses.

One Seriousness Category VI offense, combined with not less than four nor more than eight other offenses.

Two Seriousness Category VI offenses, combined with not less than three nor more than seven other offenses.

Three Seriousness Category VI offenses, combined with not less than two nor more than six other offenses.

Not less than four nor more than nine Seriousness Category VI offenses.

Not less than five nor more than nine Seriousness Category VII offenses.

Minor Record - An offender who has been found guilty as an adult of one or more offenses in the past, but does not meet the criteria for either a major or a moderate record is considered to have a minor record.