# COMAR Title 14 — Independent Agencies

## Subtitle 22 — Commission on Criminal Sentencing Policy

### Chapter 01 — General Regulations

#### Regulation .05 Sentences Outside the Guidelines.

*COMAR 14.22.01.05*

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.