(4)7 Sentencing Guidelines

(4)7 Sentencing Guidelines

All defendants, once adjudicated guilty or upon entry of a verdict or plea of guilty, are to be subject to sentencing under the guidelines of this chapter.

Sentencing Grids: (4)7.1 Sentencing Grids

(4)7.2 Standard Guidelines

All criminal defendants lawfully found guilty of a crime shall be subject to sentencing within the ranges provided by the appropriate sentencing grid unless otherwise effected by the provisions of the following sections of this chapter.

(4)7.2.1 Manifest Injustice

A court may find that the standard range for any particular case or defendant is exceptionally (as defined by (6)1.3) unjust given the specific facts, circumstances or nature of the case.

If the court finds the standard range to be exceptional, it may depart, it may depart from the standard ranges and impose, what it believes given the factual and circumstantial evidence, is a just sentence.

(4)7.2.2 Health and Age Considerations

A court may depart from the standard range when the defendant’s age, physical health, or mental health creates circumstances that would make the standard sentence:

1. unduly harsh,
2. incompatible with the defendant’s ability to survive the sentence, or
3. disproportionate in light of the defendant’s capacity, condition, or life expectancy.

(a) Age

Advanced age or significantly diminished life expectancy may constitute grounds for departure when the standard sentence would, in effect, operate as a substantially harsher penalty than intended by the sentencing grid.

(b) Physical Health

A court may consider serious, chronic, debilitating, or terminal medical conditions that substantially affect the defendant’s ability to endure or comply with a standard-range sentence.

Routine, common, or manageable conditions shall not justify departure unless extraordinary circumstances are present.

(c) Mental Health

A court may consider clinically documented mental health conditions that materially impair the defendant’s capacity for rehabilitation, comprehension of punishment, or ability to safely serve the standard sentence.

A departure under this subsection requires findings supported by medical or psychological evaluation.

(d) Limits

Departures under this section shall not be granted solely due to:

1. inconvenience,
2. general claims of stress or anxiety,
3. speculative risks, or
4. conditions manageable within the correctional system.

A departure under this subsection shall not be based solely on conditions common to the incarcerated population.

Any departure must be supported by specific findings of fact entered into the record.

(4)7.2.3 Cooperation With Authorities

A court may depart from the standard range when the defendant has provided substantial assistance to law enforcement or prosecuting authorities in the investigation or prosecution of another person.

(a) Qualifying Cooperation

Cooperation may include, but is not limited to:

1. truthful disclosure of material information;
2. identification of suspects or accomplices;
3. assistance leading to recovery of evidence or proceeds of crime;
4. testimony or agreement to testify;
5. participation in controlled operations or monitored communications.

(b) Requirements

A departure under this subsection requires:

1. a written motion or recommendation by the prosecuting authority, or
2. explicit findings by the court that the defendant’s cooperation was substantial, reliable, and materially beneficial to an investigation or prosecution.

(c) Limits

Cooperation that is trivial, unverifiable, or unrelated to any substantive enforcement action does not justify departure.

(4)7.2.4 Substantial and Compelling Aggravators

A court may impose a sentence above the standard range when substantial and compelling aggravating circumstances exist that make the standard range clearly inappropriate given the seriousness of the offense and the defendant’s conduct.

(a) Threshold

Aggravators must be:

1. specific,
2. case-linked,
3. supported by evidence, and
4. of a nature or severity not ordinarily associated with the offense.

(b) Findings

Any aggravated departure must be supported by written findings of fact demonstrating why the aggravating circumstances justify a sentence outside the standard range.

(c) Constitutional Requirements

Any fact (other than prior convictions) that increases the maximum sentence must be:

1. found by a jury beyond a reasonable doubt, or
2. admitted by the defendant.

(4)7.3 Aggravating Circumstances

Aggravating circumstances are factors that may increase a defendant’s culpability or the seriousness of the offense, and may justify a sentence at the high end of the range or an aggravated departure.

The following circumstances may be considered aggravating, without limitation:

(a) Victim-Related

1. The victim was particularly vulnerable due to age, disability, or incapacity.
2. The defendant knew or reasonably should have known of the vulnerability.
3. The offense involved multiple victims.

(b) Conduct-Related

1. The defendant exhibited deliberate cruelty or gratuitous violence.
2. The offense involved a high degree of planning, sophistication, or concealment.
3. The defendant used or attempted to use a position of trust, authority, or access.

(c) Harm or Risk

1. The offense created a grave risk of death or serious injury to others.
2. The offense resulted in substantial monetary loss, community disruption, or long-term harm.

(d) Recidivism

1. The defendant committed the offense while on probation, parole, or pretrial release.
2. The defendant has a significant, recent history of similar offenses.

(e) Group or Organized Criminal Activity

1. The offense was committed with accomplices, as part of a criminal enterprise, or using organizational structure or resources.

These examples do not limit the court’s discretion to find other substantial and compelling aggravators under (4)7.2.4.

(4)7.4 Mitigating Circumstances

Mitigating circumstances are factors that may reduce a defendant’s culpability or make the standard sentence excessively harsh, and may justify a sentence at the low end of the range or below it.

The following circumstances may be considered mitigating, without limitation:

(a) Defendant Capacity & Circumstance

1. The defendant acted under duress, domination, or coercion not amounting to a complete defense.
2. The defendant’s capacity to appreciate the wrongfulness of their conduct was significantly impaired.
3. The defendant played a minor or peripheral role in the offense.
4. The defendant lacked substantial prior criminal history.

(b) Conduct-Related

1. The offense was committed under unusual provocation.
2. The defendant’s conduct was not primarily motivated by greed, malice, or intent to cause actual harm.
3. The offense resulted from circumstances unlikely to recur.

(c) Post-Offense Conduct

1. The defendant voluntarily admitted the offense, made restitution, or attempted to rectify the harm.
2. The defendant has demonstrated genuine remorse and acceptance of responsibility.
3. The defendant has engaged in rehabilitative efforts prior to sentencing.

(d) Impact of Standard Sentence

1. The standard sentence would cause extraordinary hardship to dependents or vulnerable family members.
2. The defendant’s health, age, or condition materially reduces the punitive purpose of the standard sentence (as defined under (4)7.2.2).
3. These factors do not limit the court’s ability to recognize other mitigating circumstances that justify a just and proportionate sentence.

(4)7.5 Offender Score Determination

To determine an offender score for a criminal defendant:

(a) For each felony conviction in the last 10 years add 1 point. If the conviction is a Class A Felony or Class A+ Felony add 1 additional point.

(b) Misdemeanor convictions do not contribute to the offender score, unless expressly designated by statute as scoreable offenses.

(c) Felony convictions resulting in a deferred disposition, diversion, or vacated judgment shall not be included in the offender score unless the disposition was revoked and a conviction entered.

(d) Out-of-jurisdiction convictions shall be included only if the offense would constitute a felony under this code if committed within this jurisdiction.

(e) No conviction shall be counted if the defendant has remained conviction-free for a period of 10 consecutive years following release from confinement or completion of supervision for that offense.

(f) The total offender score shall not exceed 8 points, unless the present offense is a Class A+ Felony or otherwise designated by statute as exempt from the offender score cap.