Sec. 14.22.01.05. Sentences Outside the Guidelines

A. The judge shall document on the guidelines worksheet the reason or reasons for imposing a sentence outside of the recommended guidelines range.

B. Common reasons for departure under the guidelines range include, but are not limited to, the following:

(1) The parties reached a plea agreement that called for a reduced sentence;

(2) The offender had a minor role in the offense;

(3) The offender was influenced by coercion or duress;

(4) The offender had diminished capability for judgment;

(5) The offender made restorative efforts after the offense;

(6) The victim's participation in the offense lessens the offender's culpability;

(7) The offender's commitment to substance abuse treatment or other therapeutic program; or

(8) Recommendation of the State's attorney or Division of Parole and Probation.

C. Common reasons for departure over the guidelines range include, but are not limited to, the following:

(1) The offender had a major role in the offense;

(2) The level of harm was excessive;

(3) Special circumstances of the victim;

(4) The offender exploited a position of trust;

(5) The offender committed a "white collar" offense;

(6) The offender had significant participation in a major controlled substance offense;

(7) The vicious or heinous nature of the conduct; or

(8) Recommendation of the State's attorney or Division of Parole and Probation.