Codes for Common Reasons for Departure from the Sentencing Guidelines (Revised July 1, 2025)

Maryland’s sentencing guidelines are voluntary. The judiciary is expected to use the sentence recommendation as a guide, but is not mandated to sentence within the recommended guidelines range. Below is a list of common reasons for departure and their corresponding codes for use on the worksheet. While it is not intended to be a complete list, it does provide commonly used departure reasons. These departures cannot be used by offenders on appeal.

Below Guidelines

  1. The parties reached a plea agreement that called for a reduced sentence.
  2. Offender’s minor role in the offense.
  3. Offender is or was suffering from a mental or physical condition that reduces culpability for the offense.
  4. Offender’s age/health.
  5. Offender amenable to probation or other community supervision.
  6. Offender made restorative efforts after the offense.
  7. Offender’s criminal history is less severe than represented by offender score.
  8. Offender’s commitment to substance abuse treatment or other therapeutic program.
  9. Recommendation of State’s Attorney or Division of Parole and Probation.
  10. Other circumstances of the crime and/or the offenders do not warrant a sentence within the guidelines (explain in the space provided).

Above Guidelines

  1. Offender’s major role in the offense.
  2. The level of harm was excessive.
  3. Special circumstances of the victim.
  4. Offender exploited a position of trust.
  5. Offender’s criminal history is more serious than represented by offender score.
  6. The parties reached a plea agreement that called for an increased sentence.
  7. The vicious or heinous nature of the conduct.
  8. Recommendation of the State’s Attorney or Division of Parole and Probation.
  9. Other circumstances of the crime and/or the offenders do not warrant a sentence within the guidelines (explain in the space provided).