Sec. 14.22.01.03. Sentencing Guidelines Worksheet

A. The sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy shall be used to calculate the sentencing guidelines.

B. The sentencing guidelines and offense seriousness categories in effect at the time of sentencing shall be used to calculate the guidelines. If it is determined that the guidelines are different than what they would have been if calculated using the sentencing guidelines and offense seriousness categories in effect on the date the offense of conviction was committed, the State’s Attorney or defense counsel may bring this to the attention of the judge as a consideration for departure from the guidelines.

C. Single Criminal Event.

(1) The sentencing guidelines worksheet shall be used for up to three convicted offenses from a single criminal event.

(2) If there are more than three convicted offenses from a single criminal event, additional worksheets shall be used as needed.

D. Multiple Criminal Events.

(1) When two or more convictions result from separate criminal transactions over a period of time, each criminal transaction is considered a separate event.

(2) The individual completing the worksheet shall use at least one worksheet for each event.

E. Sentencing Event.

(1) One set of sentencing guidelines shall be completed for each sentencing event.

(2) Multiple criminal events (as often indicated by multiple unique case numbers) sentenced by the same judge on the same day constitute one sentencing event, and only one set of guidelines worksheets shall be completed for all of the counts in the sentencing event.

(3) The offender score includes any adult adjudication of guilt prior to the current sentence date and any finding of a delinquent act (i.e., findings of facts sustained at an adjudicatory hearing) within 5 years prior to the date of the most recent instant offense (unless the defense or State can show that a finding of a delinquent act did not result in the youth’s adjudication as delinquent at a juvenile disposition hearing, in which case the finding of a delinquent act shall not be scored as a part of the juvenile record) and, with the possible exception of part A of the offender score (relationship to the criminal justice system), shall be the same for each offense in the sentencing event.

(4) The overall sentence across all included offenses shall be compared to the overall guidelines for the sentencing event to determine if the sentence is a departure from the guidelines.

F. Sentencing Guidelines Completion.

(1) Before the judge imposes the sentence, an individual shall complete the worksheet down to the section labeled "Actual Sentence" and include each convicted offense for which the offender is to be sentenced.

(2) If the judge orders a PSI, an agent of the Division of Parole and Probation shall complete each worksheet.

(3) If the judge does not order a PSI, the judge may complete the worksheet personally or delegate the task to counsel or the judge's staff.

(4) Regardless of who completes the worksheet, the court shall review the worksheet to confirm that the guidelines reflected on the worksheet were considered in the respective case.

G. Presentencing Distribution of Sentencing Guidelines Worksheets.

(1) The individual who completes the worksheet shall forward a copy of each completed worksheet to both the State and the defense so that they will have an opportunity to review the information provided.

(2) The State and the defense shall bring any disagreements between them to the judge's attention before sentencing.

(3) Changes in the worksheet may be made only by, or with the approval of, the judge.