Sentencing Guidelines Worksheet Changes, 2001

After an extensive review process, the MSCCSP approved an updated version of the current Sentencing Guidelines Worksheet in July 2001. The updated worksheet has several new sections: Representation, Ethnicity, CJIS Code and Victim Information. In addition, several sections have been changed or removed completely. Below you will find the updated sections of the worksheet with a description of the changes.

Case Information

New

  • The Representation section has been added to collect data on the type of legal representation employed by the offender (i.e., private, public defender, court appointed, self, and other).
  • A separate section for Ethnicity has been added to the new version of the worksheet. This section was created to identify offenders of Hispanic/Latino origin, and differentiate between ethnicity and race.
  • The new CJIS Code section replaced the one previously reserved for AOC codes.
  • In addition to the current Stat. Max section, a new one labeled Mand. Min has been included to record, if necessary, the minimum length of time mandatory for a given offense.

Updated

  • It is no longer necessary to provide a written description stating the nature of a plea agreement. The Disposition Type section on the new worksheet separates plea agreements into two categories: ABA plea agreements and Non-ABA plea agreements. The new worksheet also contains three additional types of dispositions: reconsideration, review, and probation revocation.
  • The Race section of the updated worksheet contains three new categories: Native Hawaiian/Pacific Islander, American Indian/Alaskan Native, and Asian.

Removed

  • The AOC Code section was removed and replaced with a new section for CJIS codes.

Sentence Information

New

  • The new worksheet includes fields in the sentence box for Subsequent Offender Filed and Proven and Restitution Requested and Proven. It is now necessary to record whether or not they were requested/filed as well as proven.
  • A new section has been added to the bottom of the worksheet to record information pertaining to sentencing guidelines departures. The Departure Codes section contains boxes in which to enter up to three different common departure codes. If other reasons are more appropriate than those provided by the codes, they may be written out in the additional space below the three boxes. This section should only be used if the total sentence departs from the recommended guidelines range.
  • A separate box has been added to the bottom of the sentence section to record whether or not the offender was sentenced to a Corrections Options Program.
  • At the bottom of the parole recommendation box a small section was added for Parole Notification to record whether the judge requested notification of the parole release hearing.

Victim Information

New

  • The new Victim Information section contains several “yes/no” questions pertaining to victims’ rights.

Offense/Offender Information

Updated

  • Although the Special Vulnerability of Victim section has not been physically changed on the new worksheet, the guidelines now define a victim of special vulnerability as someone over age 65 or under age 11. The old guidelines used an upper age limit of over 60.
  • The key threshold age has been lowered form 25 to 23 for the Juvenile Delinquencysection of the worksheet.