14.22.01.05

.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 is or was suffering from a mental or physical condition that reduces culpability for the offense;

(4) The offender’s age/health;

(5) The offender is amenable to probation or other community supervision;

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

(7) The offender’s criminal history is less severe than represented by offender score;

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

(9) 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’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; or

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