Regulation .05 Sentences Outside the Guidelines.

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

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.

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.