The Maryland sentencing guidelines apply to criminal cases prosecuted in a circuit court. The following sentencing matters handled by judges in a circuit court are excluded from guidelines coverage: Prayers for jury trial from District Court, unless a PSI is ordered; Appeals from District Court, unless a PSI is ordered; Crimes which carry no possible penalty of incarceration; Public local laws and municipal ordinances; Sentencing hearings in response to a violation of probation; Criminal nonsupport and criminal contempt; and Cases adjudicated in a juvenile court. Under Criminal Procedure Article, §6-211(b), Annotated Code of Maryland, the sentencing guidelines are voluntary and may not be construed to require a court to sentence a defendant as prescribed by this chapter. In this chapter, the following terms have the meanings indicated. Terms Defined. “Adjudication” includes a: Finding of guilt by a judge or jury; Plea of guilt by the offender; Plea of nolo contendere (no contest) by the offender; Sentence to probation before judgment (PBJ) pursuant to Criminal Procedure Article, §6-220(b) or 6-220(c), Annotated Code of Maryland; or Finding of guilt by a general or special court-martial, if the elements of the offense constitute an offense under Maryland law and do not require the defendant’s service in a military force. “Adjudication as delinquent” means subsequent to a disposition hearing, a finding that a child has committed a delinquent act and is in need of or requires treatment, guidance, or rehabilitation, pursuant to the definitions and procedures set forth in Courts and Judicial Proceedings Article, §§3-8A-01 and 3-8A-19, Annotated Code of Maryland. “Cell” means the intersection of the offense score (or seriousness category) and the offender score on a two-variable guideline matrix. Corrections Options. “Corrections options” means: Home detention; A corrections options program established under law which requires the individual to participate in home detention, inpatient/residential treatment, or other similar programs involving terms and conditions that constitute the equivalent of confinement; Inpatient drug or alcohol counseling under Health General Article, Title 8, Subtitle 5, Annotated Code of Maryland; Participation in a problem-solving court, including a drug court, mental health court, family/dependency court, veterans court, or other problem-solving court as defined by the Administrative Office of the Courts Office of Problem Solving Courts; A sentence, with required substance abuse treatment, for the possession, administration, obtainment, etc., of controlled dangerous substances (CDS) currently outlined in Criminal Law Article, §5-601(c), Annotated Code of Maryland, and pursuant to Criminal Law Article, §5-601(e)(3), Annotated Code of Maryland; Work release; or Weekend (or other discontinuous) incarceration. “Corrections options” includes programs established by the Department of Public Safety and Correctional Services (DPSCS) and/or local correctional agencies, if the program meets the Commission’s criteria, as described in §B(4)(a) of this regulation. Departure. “Departure” means a judicially imposed sentence that falls outside of the recommended sentencing guidelines range. “Departure” does not include any sentence that complies with at least one of the requirements that deems a sentence to be within the guidelines as set forth in Regulation .17 of this chapter. “Drug offense” means an offense involving controlled dangerous substances or paraphernalia. “Economic loss” means for all offenses involving theft and related crimes under Criminal Law Article, Title 7, or fraud and related crimes under Criminal Law Article, Title 8, Annotated Code of Maryland, the amount of restitution ordered by a circuit court judge or, if not ordered, the full amount of restitution that could have been ordered. “Feigned weapon” means that an individual intentionally created the false impression that there is an actual weapon present, including a finger used to simulate a gun, a written note stating that there is a dangerous weapon present, or a verbal statement that there is a dangerous weapon present. “Finding of a delinquent act” means a finding of facts sustained at a juvenile adjudicatory hearing, pursuant to the definitions and procedures set forth in Courts and Judicial Proceedings Article, §§3-8A-01 and 3-8A-18, Annotated Code of Maryland. Guidelines Offense. “Guidelines offense” means an offense prosecuted in a circuit court. “Guidelines offense” includes the following types of cases: New trials ordered by appellate courts; and Reconsiderations/modifications and three-judge panel reviews involving a crime of violence, as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, if an adjustment was made to the active, original sentence. Guidelines-eligible reconsiderations/modifications include sentence adjustments imposed pursuant to Maryland Rule 4-345 or a Health-General Article, §8-507, Annotated Code of Maryland, order. “Guidelines offense” does not include the following types of cases: Prayers for jury trial from District Court, unless a PSI is ordered; Appeals from District Court, unless a PSI is ordered; Offenses which carry no possible penalty of incarceration; Public local laws and municipal ordinances; Sentencing hearings in response to a violation of probation; Criminal nonsupport and criminal contempt; and Cases adjudicated in a juvenile court. “Guidelines range” means the recommended sentencing range for offenders who fall within a particular cell of the person, drug, and property offense sentencing matrices. “Judge” means: The trial judge who imposes or alters a sentence; or A panel of trial judges who alter a sentence. “MSCCSP binding plea agreement” means a plea agreement that: Is presented to the court in agreement by an attorney for the government and the defendants attorney, or the defendant when proceeding pro se, that a court has approved relating to a particular sentence and disposition; Includes agreement to a specific amount of active time (if any), not merely a sentence cap or range; The court has the discretion to accept or reject; and Is binding on the court under Maryland Rule 4-243(c) if the court accepts the plea. “Multiple criminal events” means more than one criminal transaction committed over a period of time. Multiple criminal events being sentenced together may have occurred on the same or different dates. Offenses which occur on different dates are almost always multiple criminal events. “Offender score” means a summary score ranging from 0 to 9 which: Measures an offender's prior criminal history; and Is calculated for use in the person, drug, and property offense sentencing matrices. “Offense score” means a summary score ranging from 1 to 15 which: Measures the seriousness of a person offense; and Is calculated for use in the person offense sentencing matrix. “Person offense” means: An offense involving confrontation between the offender and the victim, including offenses with bodily harm or the threat of bodily harm to a victim; or A weapons offense. “Property offense” means an offense where property is unlawfully damaged or taken. “PSI” means a presentence investigation prepared in accordance with Correctional Services Article, §6-112, Annotated Code of Maryland. “Sentencing event” means a sentencing disposition or hearing for an individual defendant conducted in front of one judge on the same day. “Sentencing guidelines worksheet” means the form: Issued by the Commission on Criminal Sentencing Policy; and Used to determine the recommended sentence outcome and to record sentencing data. “Seriousness category” means an offense ranking ranging from I to VII, where I designates the most serious criminal offenses and VII designates the least serious criminal offenses. “Single criminal event” means one or more crimes committed in the course of the same transaction. “Special vulnerability of victim” means cases in which the relative status of the victim tends to render the actions of the perpetrator more serious. A vulnerable victim is anyone: Younger than 11 years old; 65 years old or older; or Having a temporary or permanent physical or mental disability, including an individual who is physically or mentally limited in a material way. Examples of a temporary physical or mental limitation include, but are not limited to, instances when the offender knew or should have known the victim was pregnant, unconscious, asleep, or intoxicated. “Victim injury” means physical or psychological injury to the crime victim, the cause of which is directly linked to the conduct of the defendant in the commission of the offense. “Weapon presence” means the presence of an article or device which reasonably appears capable of causing injury or the presence of an article that could result in conviction under Criminal Law Article, §4-101, Annotated Code of Maryland. “White collar offense” means a property offense, identified as an illegal act or series of illegal acts committed by other than physical means and by concealment or guile to: Obtain money or property; Avoid payment or loss of money or property; or Obtain business or professional advantage. The sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy shall be used to calculate the sentencing guidelines. 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 instant offense 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. Single Criminal Event. The sentencing guidelines worksheet shall be used for up to three offenses from a single criminal event. If there are more than three offenses from a single criminal event, additional worksheets shall be used as needed. Multiple Criminal Events. When two or more adjudications result from separate criminal transactions over a period of time, each criminal transaction is considered a separate event. The individual completing the worksheet shall use at least one worksheet for each event. In determining whether multiple crimes are committed in the course of the same transaction, the person filling out the guidelines worksheet shall consider whether the crimes: Are committed close in time, in an uninterrupted course of conduct; Occur in the same location; and Are similar in nature or intertwined (for example, whether they share a common scheme or purpose). Sentencing Event. One set of sentencing guidelines shall be completed for each sentencing event. 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. The offender score includes any adult adjudication 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. 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. Sentencing Guidelines Completion. Before the judge imposes the sentence, an individual shall complete the worksheet down to the section labeled “Actual Sentence” and include each offense for which the offender is to be sentenced. If the judge orders a PSI, an agent of the Division of Parole and Probation shall complete each worksheet. 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. 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. Presentencing Distribution of Sentencing Guidelines Worksheets. 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. The State and the defense shall bring any disagreements between them to the judge's attention before sentencing. Changes in the worksheet may be made only by, or with the approval of, the judge. Sentence Range. Suspended time is not considered in determining whether the sentence falls within the recommended sentence range. Offender Already Under Sentence. If an offender is already serving one or more sentences, the time remaining to be served may be considered in determining whether the sentence or sentences are within the recommended guidelines range. The judge shall indicate whether the new sentence is consecutive to or concurrent with the existing sentence. Length of Probation. Within statutory limits, the length of any probation imposed is within the discretion of the judge. 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: The parties reached a plea agreement that called for a reduced sentence; The offender had a minor role in the offense; The offender is or was suffering from a mental or physical condition that reduces culpability for the offense; The offender’s age/health; The offender is amenable to probation or other community supervision; The offender made restorative efforts after the offense; The offender’s criminal history is less severe than represented by offender score; The offender's commitment to substance abuse treatment or other therapeutic program; or 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: The offender had a major role in the offense; The level of harm was excessive; Special circumstances of the victim; The offender exploited a position of trust; The offender’s criminal history is more serious than represented by offender score; The parties reached a plea agreement that called for an increased sentence; The vicious or heinous nature of the conduct; or Recommendation of the State's attorney or Division of Parole and Probation. Worksheet Completion. The judge, the State, and the defense shall receive copies of the worksheets before sentencing. When an agent of the Division of Parole and Probation fills in a worksheet, the agent shall send the judge the first four copies, together with the PSI and the Maryland Sentencing Guidelines Criteria for Prior Record form issued by the Commission on Criminal Sentencing Policy. Worksheet Completion. At sentencing, the judge shall enter the actual sentence and any changes to the worksheet including changes for any counts merged at sentencing. Worksheet Distribution. After sentencing, the clerk shall distribute copies according to individual court practice. The Maryland Sentencing Guidelines Criteria for Prior Record form shall accompany the worksheets sent to the Commission on Criminal Sentencing Policy. If the court orders both incarceration and probation, the clerk shall forward a copy of the worksheet to the appropriate probation office. The clerk shall forward a copy of the worksheet to the agency that has been ordered to retain custody of the defendant. An agency receiving an inmate eligible for parole shall duplicate its worksheet and forward a copy of the worksheet to the Parole Commission. The top section of the sentencing guidelines worksheet contains: The offender's name, State Identification (SID) number, sex, race, ethnicity, and birth date; Jurisdiction where the case was tried; Whether or not a PSI was available; Dates of offense and sentencing; Number of offenses and criminal events at the sentencing being reported; The number of the worksheet and criminal event; Disposition type, modification to COV sentences, and representation; The title of the instant offense and its seriousness category (I—VII), Maryland State Criminal Charge Code (commonly known as a “CJIS” code), and Annotated Code of Maryland article and section number or common law reference; Statutory maximum and mandatory minimum penalties; The case or docket number; and Whether or not victim-related court costs were imposed. Jurisdiction Code. The individual completing the worksheet shall use the following numeric codes for the jurisdiction in which the defendant was tried on the guidelines worksheet: Allegany County = 1; Anne Arundel County = 2; Baltimore City = 24; Baltimore County = 3; Calvert County = 4; Caroline County = 5; Carroll County = 6; Cecil County = 7; Charles County = 8; Dorchester County = 9; Frederick County = 10; Garrett County = 11; Harford County = 12; Howard County = 13; Kent County = 14; Montgomery County = 15; Prince George's County = 16; Queen Anne's County = 17; St. Mary's County = 18; Somerset County = 19; Talbot County = 20; Washington County = 21; Wicomico County = 22; Worcester County = 23. Offenses. The individual completing the worksheet shall record the total number of offenses for which a judge may impose a sentence in the space provided on the worksheet. Offenses considered as merged may not be placed on the worksheet and may not be considered in any of the worksheet computations. Number of Criminal Events. The individual completing the worksheet shall write the total number of criminal events for which a defendant is being sentenced in the space for the number of criminal events at the sentencing. Page Numbering of Worksheets. Multiple worksheets may be required for a single sentencing event. The individual completing the worksheets shall number each worksheet consecutively in the space provided for worksheet number. If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall maintain a separate count of worksheets for each criminal event. If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall number the criminal events chronologically by date of offense. Offense Title. The individual completing the worksheet shall write the offense titles and their corresponding Annotated Code of Maryland references or a reference to the common law in the space provided. Signatures. The judge and the individual or individuals completing the worksheet shall sign at the bottom of the worksheet in the space provided. Disposition Type. The disposition type refers to the nature and circumstances of the adjudication and sentencing. The individual completing the worksheet shall indicate on the worksheet whether the disposition resulted from: An MSCCSP binding plea agreement; Another plea with agreement; A plea without agreement from the prosecutor or judge regarding the terms of the plea; A court trial; or A trial by jury. The judge shall ensure that the disposition type box is marked. Reconsideration or Review. The individual completing the worksheet shall indicate on the worksheet whether the sentence was a reconsideration for a crime of violence, as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, a three-judge panel review, or neither. Representation. In the box labeled Representation, the individual completing the worksheet shall indicate the type of legal representation the defendant received in the case. Victim Information. The individual completing the worksheet shall provide the victim information requested in the designated space on the worksheet. The information requested includes: Whether there was a victim in this offense; Whether the victim participated in the sentencing process; Whether the victim filed a Crime Victim Notification and Demand for Rights form; Whether the victim was notified of a plea agreement; Whether the victim was notified of and present at the sentencing; Whether there was a written or an oral Victim Impact Statement (VIS); Whether the victim or State requested that the defendant have no contact with the victim; and Whether the judge ordered that the defendant have no contact with the victim. Annotated Code of Maryland, Article and Section. The individual completing the worksheet shall identify the Annotated Code of Maryland reference for each offense. The reference shall include the name or number of the article, the section number, and any subsection letters or numbers. If the substantive offense and the penalty for the offense are in separate sections or subsections, they shall both be referenced. “Common Law” shall be written in this space if the source of the offense is the common law. Some common law offenses have penalty provisions in the Annotated Code of Maryland. In these cases, the Code reference shall also be included. CJIS Code. The individual completing the worksheet shall record in the designated space the CJIS code that corresponds to the offense. The CJIS codes can be found in COMAR 14.22.02.02. If there are multiple CJIS codes for a listed offense and it is not known which code corresponds to the specific offense conduct, the space can be left blank. Statutory Maximum and Mandatory Minimum Penalties. The maximum penalty prescribed for each offense shall be recorded in the designated space on the worksheet. If the offense carries a nonsuspendable mandatory minimum penalty, that penalty shall be recorded in the designated space on the worksheet. Economic Loss. In the area labeled “Actual Sentence”, the individual completing the worksheet shall record in the designated space the dollar amount of the economic loss or mark “unknown amount” for all offenses involving theft and related crimes under Criminal Law Article, Title 7, or fraud and related crimes under Criminal Law Article, Title 8, Annotated Code of Maryland. Record of Announcement. The court shall make a record of the statement in open court required under Criminal Procedure Article, §6-217, Annotated Code of Maryland, of the minimum time the defendant must serve before becoming eligible for parole. For person offenses, the individual completing the worksheet shall compute an offense score and an offender score for each offense to be sentenced. For drug and property offenses, the individual completing the worksheet shall compute the offender score and shall use the assigned offense seriousness category. Seriousness Category of the Offense. Unless placed in a different category or specifically addressed by separate statute, the individual completing the worksheet shall consider a conspiracy, attempt, or solicitation in the same seriousness category as the substantive offense. For conspiracy to commit a lawful act by unlawful means, the seriousness category and offense type classification shall be the same as the most serious unlawful means by which the lawful act was to be accomplished. If there is a question as to the seriousness category or offense type classification for the conspiracy to commit a lawful act by unlawful means, that question shall be brought to the attention of the judge at sentencing. Accessoryship. If the accessory after the fact has a penalty of 5 years or greater under Criminal Law Article, §1-301, Annotated Code of Maryland, a seriousness category V shall be assigned, unless the underlying offense has a seriousness category of less than V, in which case the accessory after the fact shall be assigned the same seriousness category as the underlying offense. If the accessory after the fact has a penalty of less than 5 years under Criminal Law Article, §1-301, Annotated Code of Maryland, the seriousness category shall be the same category as the underlying offense. For conspiracy, attempt, solicitation, or accessoryship, the individual completing the worksheet shall specify the substantive illegal activity involved, and the substantive offense’s Annotated Code of Maryland article and section number, if any. If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty of 1 year or less, the offense shall be assigned the lowest seriousness category (VII). If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty greater than 1 year, the individual completing the worksheet shall use the closest analogous offense and the sentencing judge and the parties shall be notified. Computation of Offense Score. The individual completing the worksheet shall derive the offense score for each offense by totaling the points given for certain factors of that offense. A column of offense scores is provided on the worksheet for each of the three possible offenses within a single criminal event. A judge may include factors known to the judge even if they are not within the scope of the offense, such as weapon presence in a robbery offense or victim injury in an offense involving a handgun violation. Elements of the Offense Score. The offense score consists of four elements. Seriousness Category of the Offense. The individual completing the worksheet shall assign points based on the seriousness category of the offense. COMAR 14.22.02 contains a list of Maryland criminal offenses and their assigned seriousness categories. The individual completing the worksheet shall assign the number of points that correspond to the seriousness category of each offense on the guidelines worksheet. Victim Injury. Victim injury, whether physical or psychological, shall be based on reasonable proof. Physical injury shall be more than minimal. Physical injuries such as lasting muscle damage or amputation are permanent. Proof of psychological injury shall be based on confirmed medical diagnosis or psychological counseling or treatment, or other forms of reasonable proof. Rape crisis hotlines, clergy conferences, educational counseling, and other similar services are considered psychological counseling or treatment. Permanent psychological injury shall be based on proof of a substantial impairment likely to be of an extended or continuous duration. Offenses involving photographic or video evidence of child pornography shall be scored as permanent victim injury. The individual completing the worksheet shall assign a score of 0 if there was no victim injury. The individual completing the worksheet shall assign a score of 1 if victim injury occurred and the injury was not permanent. The individual completing the worksheet shall assign a score of 2 if victim injury occurred and the injury was permanent or resulted in the death of the victim. The victim injury component of the offense score shall be completed for each offense to be sentenced. Weapon Presence. The individual completing the worksheet shall assign a score of 0 if no weapon was present. The individual completing the worksheet shall assign a score of 1 if a weapon other than a firearm was present. The individual completing the worksheet shall assign a score of 2 if a firearm or explosive material was present. The individual completing the worksheet shall complete the weapon presence component of the offense score for each offense to be sentenced. The individual completing the worksheet shall apply the following rules: Explosive material (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland) is considered the same as a firearm; An unloaded firearm is considered the same as a loaded firearm; Weapons other than firearms include incendiary and toxic materials (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland), knives, tire irons, and clubs; Carbon dioxide (CO2) guns (including pellet guns) and starter pistols are also scored as weapons other than firearms and receive one point; Except if deliberately used as a weapon, automobiles are not included as weapons and shall receive a weapon presence score of zero; Unless the offender is a professional in some form of self-defense, parts of the body, such as hands or feet, are not included as weapons; If a weapon was feigned but no weapon was actually present, the score shall be 1 (weapon other than firearm); A feigned weapon shall be scored 1 point when an individual intentionally creates the false impression that there is an actual weapon present, including a finger used to simulate a gun, a written note stating that there is a dangerous weapon present, or a verbal statement that there is a dangerous weapon present; and Any applicable guidelines points for weapon presence shall be given to an accessory before the fact, but not to an accessory after the fact. Special Vulnerability of Victim. The individual completing the worksheet shall assign a score of 0 if the victim is not defined as a vulnerable victim. The individual completing the worksheet shall assign a score of 1 if the victim is defined as a vulnerable victim. The individual completing the worksheet shall complete the Special Vulnerability of Victim component of the offense score for each offense to be sentenced. Total Offense Score. To obtain an offense score, the individual completing the worksheet shall add the points assigned to each element of the offense score for each person offense for which the defendant is to be sentenced. The maximum score is 15 and the minimum score is 1. Computation of the Offender Score. The individual completing the worksheet shall derive the offender score by totaling the points represented by the offender's prior criminal history. Any prior criminal adjudications, as defined in COMAR 14.22.01.02B(1), shall be included. With the exception of the juvenile delinquency component of the offender score, the offender score refers only to the defendant's adult involvement with the criminal justice system. A prior adjudication of not criminally responsible (NCR) or not guilty by reason of insanity may not be included when calculating the offender score. Four Components of the Offender Score. Relationship to the Criminal Justice System When Instant Offense Occurred. If the offender was in the criminal justice system as the result of an adjudication as an adult when the instant offense occurred, the individual completing the worksheet shall assign a score of 1. The offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status at the time the offense was committed. An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment. Relationship to the criminal justice system may differ across offenses in multiple offense sentencing events. If there is more than one instant offense and the offender was in the criminal justice system at the time one or more offenses occurred, but not in the criminal justice system at the time additional offense(s) in the sentencing event occurred, the person completing the sentencing guidelines worksheet shall assign a score of 1 to those offenses that were committed while the offender was in the criminal justice system. The person completing the sentencing guidelines worksheet shall assign a score of zero to those offenses that were committed while the offender was not in the criminal justice system. Juvenile Delinquency. The individual completing the worksheet shall count only one finding of a delinquent act (i.e., finding of facts sustained at an adjudicatory hearing) for a single adjudicatory hearing. If multiple findings of a delinquent act relate to a single adjudicatory hearing, the individual completing the worksheet shall count only one finding of a delinquent act. When 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, the finding of a delinquent act shall not be scored as a part of the juvenile record. The juvenile delinquency record may not include adjudications based on acts that are no longer crimes. The individual completing the worksheet shall treat an incarcerable traffic offense in which the court finds a juvenile involved as part of his or her juvenile record. The individual completing the worksheet shall assign a score of 0 if an offender is 23 years or older by the date of the most recent instant offense. The individual completing the worksheet shall assign a score of 0 if an offender has zero findings of a delinquent act within 5 years of the date of the most recent instant offense. The individual completing the worksheet shall assign a score of 1 if an offender: Is younger than 23 years old on the date of the most recent instant offense; and Has one or two findings of a delinquent act within 5 years of the date of the most recent instant offense. The individual completing the worksheet shall assign a score of 2 if an offender: Is younger than 23 years old on the date of the most recent instant offense; and Has three or more findings of a delinquent act within 5 years of the date of the most recent instant offense. Prior Adult Criminal Record. In General. Except as noted in this paragraph, the prior adult criminal record includes all adjudications preceding the current sentencing event, whether the offense was committed before, during, or after the instant offense(s). The prior adult criminal record shall not include: adjudications that were expunged from the record or proven by the defense to have been eligible for expungement as a matter of right prior to the date of offense pursuant to Subtitle 1 (Expungement of Police and Court Records) of Title 10 (Criminal Records) of the Criminal Procedure Article, Annotated Code of Maryland; violations of public local laws; municipal infractions; contempt; criminal nonsupport; adjudications based on acts that are no longer crimes (e.g., cannabis possession); non-incarcerable traffic offenses; military adjudications imposed by an Article 15 proceeding or summary court-martial; findings of guilt by general or special courts-martial, if the elements of the offense require the defendant’s service in a military force, including but not limited to desertion, absence without leave (AWOL), and conduct unbecoming an officer and a gentleman, or do not constitute an offense under Maryland law; or more than one adjudication arising from a single criminal event. The sentencing guidelines and offense table in effect at the time of the current sentencing event shall be used to determine the correct seriousness category for each adjudication included in the calculation of the prior adult criminal record. If a Maryland offense has not been assigned a seriousness category and the offense has a maximum penalty of 1 year or less, the offense shall be assigned the lowest seriousness category (VII). If a Maryland offense has not been assigned a seriousness category (and the offense has a maximum penalty of more than one year) or has been repealed from the Annotated Code of Maryland, but the act on which the repealed offense is based is still a crime, the individual completing the worksheet shall use the closest analogous offense and the sentencing judge and the parties shall be notified. Criteria. The individual completing the worksheet shall use the instructions and table below to determine whether a defendant's prior criminal adult record is minor, moderate, or major. If the defendant has no prior adult criminal record, the individual completing the worksheet shall assign a score of 0. If the defendant has a minor adult criminal record, the individual completing the worksheet shall assign a score of 1. If the defendant has a moderate criminal record, the individual completing the worksheet shall assign a score of 3. If the defendant has a major criminal record, the individual completing the worksheet shall assign a score of 5. The individual completing the worksheet shall count the number of prior adjudications according to the seriousness categories. If prior multiple adjudications relate to a single criminal event, the individual completing the worksheet shall score only the offense with the highest seriousness category. The prior adult criminal record shall score no more than one adjudication stemming from a single criminal event. Taking the number of adjudications in the most serious category of offenses, the individual completing the worksheet shall refer to the table below and locate the block containing the number of adjudications for that seriousness category. The individual completing the worksheet shall use the criteria in the identified block to classify the record as Minor, Moderate, or Major. Criteria Matrix. Different Criminal Events Sentenced Together. If multiple offenses from different criminal events are being sentenced together at this sentencing event, the offender's criminal record includes any adjudication before the current sentencing and is the same for each offense being sentenced at this time. Adjudications Out of Jurisdiction. If an offender has an out of jurisdiction adjudication, excluding military adjudications (see §B(3)(e) of this regulation for instructions for scoring military adjudications), the individual completing the worksheet shall match the offense as closely as possible to the closest analogous Maryland offense. If no Maryland analogous offense exists, the individual completing the worksheet shall count the offense in the lowest seriousness category (VII), and shall inform the judge and parties. If the out of jurisdiction adjudication is based on act that is not a criminal violation in Maryland (e.g., cannabis possession), then the out of jurisdiction adjudication shall be excluded from the prior adult criminal record. If there is a question as to the analogous guidelines offense for an out-of-State adjudication, that question shall be brought to the attention of the judge at sentencing. Military Adjudications. If an offender has a finding of guilt by a general or special court-martial, the military adjudication shall be matched as closely as possible to the closest analogous Maryland offense. If a military adjudication has no equivalent in Maryland law or requires as an element of the offense the defendant’s service in a military force, including but not limited to desertion, absence without leave (AWOL), and conduct unbecoming an officer and a gentleman, the offense shall be excluded from the adult prior criminal record. If there is a question as to the analogous guidelines offense for a military adjudication, that question shall be brought to the attention of the judge at sentencing. Theft-Type Offenses. Theft adjudications, such as larceny, larceny by trick, or larceny after trust, that took place before the enactment of the comprehensive theft statute in 1978 are considered misdemeanor theft if they were misdemeanors and felony theft if they were felonies. Criminal Record Decay Factor. If an offender has lived in the community for at least 10 years prior to the instant offense without criminal justice system involvement resulting from an adjudication or a plea of nolo contendere, the criminal record shall be reduced by one level: from Major to Moderate, from Moderate to Minor, or from Minor to None. An offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status. An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment. Conspiracies, Attempts, Solicitations, and Accessoryships. The individual completing the worksheet shall place conspiracies, attempts, and solicitations in the same seriousness category as the substantive offense unless placed in a different category or specifically addressed by separate statute. For conspiracy to commit a lawful act by unlawful means, the seriousness category and offense type classification shall be the same as the most serious unlawful means by which the lawful act was to be accomplished. If there is a question as to the seriousness category or offense type classification for the conspiracy to commit a lawful act by unlawful means, that question shall be brought to the attention of the judge at sentencing. If accessory after the fact has a penalty of 5 years or greater under Criminal Law Article, §1-301, Annotated Code of Maryland, a seriousness category V shall be assigned, unless the underlying offense has a seriousness category of less than V, in which case the accessory after the fact shall be assigned the same seriousness category as the underlying offense. If accessory after the fact has a penalty of less than 5 years under Criminal Law Article, §1-301, Annotated Code of Maryland, the seriousness category shall be the same category as the underlying offense. Prior Adult Parole/Probation Violations. The individual completing the worksheet shall assign a score of 0 if the offender has never been on adult parole, probation, or equivalent supervisory status, or has successfully completed previous periods of supervision as an adult. The individual completing the worksheet shall assign a score of 1 if the offender was ever found by a court to have violated parole, probation, or equivalent supervisory status, or if the offender has ever received an adjudication for an offense while on parole, probation, or equivalent supervisory status, unless the adjudication arose from the offense or offenses of this sentencing event. The individual completing the worksheet may not assign a point simply because the offender was on parole, probation, or equivalent supervisory status at the time of the instant offense. Total Offender Score. To obtain the total offender score, the individual completing the worksheet shall add the points assigned to each element of the offender score. The maximum offender score is 9 and the minimum score is 0. Guidelines Range. After the offense and offender scores have been calculated for each offense, the individual completing the worksheet shall use the appropriate matrix — person, drug, or property — to determine the guidelines range. In multiple offense cases, the individual completing the worksheet shall determine the overall guidelines range after calculating guidelines for the individual offenses. Actual Sentence. At the time of sentencing, the judge shall enter the actual sentence on the worksheet. Complete sentencing information for each offense includes credit for time served, suspended time, length of probation, fine, restitution, and community service. If at any time a sentence is altered, a judge shall issue a revised worksheet and direct that the worksheet be distributed in the same manner as an original worksheet. Person Offenses. To find the recommended guidelines sentence for a person offense, the individual completing the worksheet shall use the sentencing matrix for offenses against persons. The guideline ranges are in a grid format with the offense score on the vertical axis and the offender score on the horizontal axis. The guidelines range for any given offense is in the cell where the two scores intersect. Sentencing Matrix for Offenses Against Persons. Drug Offenses. To find the recommended guidelines sentence for a drug offense, the individual completing the worksheet shall use the sentencing matrix for drug offenses. The guideline range for a particular instant offense is in the cell opposite the seriousness category for that offense and under the applicable offender score. Sentencing Matrix for Drug Offenses. Property Offenses. To find the recommended guidelines sentence for a property offense, the individual completing the worksheet shall use the sentencing matrix for property offenses. The guidelines range for a particular offense is in the cell opposite the seriousness category for that offense and under the applicable offender score. Sentencing Matrix for Property Offenses. Single Criminal Event, Not More Than One Seriousness Category I or II Offense. The individual completing the worksheet shall calculate the guidelines range for each offense. The individual completing the worksheet shall determine the overall guideline range by: Identifying the highest of the lower guidelines limit of all the offenses; and Identifying the greater of: The highest of the upper guidelines limits; If there are separate offenses involving different victims, adding or “stacking” the highest of the upper guidelines limit for each offense with a unique victim. Only one offense per distinct victim may be used to calculate the overall guidelines range. Pursuant to Criminal Law Article, §10-627, Annotated Code of Maryland, each animal harmed in violation of Criminal Law Article, Title 10, Subtitle 6, Annotated Code of Maryland, shall be considered a victim for the purposes of applying the multiple victims stacking rule; or If the sentence for one of the offenses is statutorily required to run consecutive to the sentence for another offense, adding the upper limit of the guidelines range for the offense whose sentence is required to run consecutive to another offense to the upper limit of the guidelines range for the eligible other offense with the highest upper guidelines limit. Single Criminal Event, Two or More Seriousness Category I or II Offenses. The individual completing the worksheet shall calculate the guidelines range for each offense. The individual completing the worksheet shall determine the overall guidelines range by adding the guidelines ranges for each offense in Seriousness Category I or II. Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range. Multiple Criminal Events, One Offense in Each Event. The individual completing the worksheet shall arrange the offenses in chronological order beginning with the one committed first. The individual completing the worksheet shall calculate the guideline range for each event’s offenses. With the possible exception of part A (relationship to the criminal justice system), the offender score calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time. The individual completing the worksheet shall determine the overall guidelines range by adding the ranges for each event. Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range. Multiple Criminal Events With Multiple Offenses Within One or More Event or Events. The individual completing the worksheet shall arrange the events in chronological order, beginning with the offense or offenses committed in the first event. The individual completing the worksheet shall calculate the guidelines range for each offense in the first event. The individual completing the worksheet shall determine the overall guidelines range for the first criminal event as if there were only one event, but may not enter it on the worksheet. The individual completing the worksheet shall repeat the instruction of §D(2) and (3) of this regulation for each succeeding criminal event. With the possible exception of part A (relationship to the criminal justice system), the offender score calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time. After determining the overall guidelines range for each criminal event, the individual completing the worksheet shall add the ranges to determine the overall guidelines range for the entire case. Any combinations of sentences imposed, concurrent or consecutive, are within the guidelines when the net time to be served (that is, the initial sentence minus suspended sentence) falls within the overall guideline range. When a defendant has been incarcerated before sentencing, the judge shall indicate the detention under “Actual Sentence”. The judge shall indicate either the number of days credit for time served or the date on which the sentence is to begin. Statutory Maximums. If the guidelines sentence range exceeds the statutory maximum for a given offense, the statutory maximum is the upper limit of the guidelines range. Mandatory Minimums. If the guidelines range is below the nonsuspendable mandatory minimum, that minimum is the lower limit of the guidelines range. First Degree Murder. The adjusted guidelines range for first degree murder is always a term of “life to life” and should replace the calculated guidelines range. Mandatory Consecutive Sentences. When there is a criminal event with multiple offenses, no more than one seriousness category I or II offense, and the sentence for one of the offenses is statutorily required to run consecutive to the sentence for another offense in the same criminal event, the person completing the sentencing guidelines worksheet shall add the upper limit of the guidelines range for the offense whose sentence is required to run consecutive to another offense to the upper limit of the guidelines range for the eligible other offense to obtain the upper limit of the overall guidelines range. Whenever the sentence for an offense is statutorily required to run consecutive to the sentence for more than one other offense in the criminal event, the person filling out the worksheet shall add the upper limit of the guidelines range for that offense to the upper limit of the guidelines range for the eligible offense with the highest upper guidelines limit. When there is a criminal event with multiple offenses with mandatory consecutive sentences, the upper limit of the overall guidelines range shall equal the sum of the upper limits of the one pair of offenses whose sum is the greatest. In General. Enhanced punishment law for subsequent offenses takes precedence over guidelines ranges if not otherwise provided for in these regulations. If sentencing is pursuant to an enhanced punishment statute, the individual completing the worksheet shall specify the statute. Subsequent Drug Offense. When the statutory penalty for a drug offense is doubled under Criminal Law Article, §5-905, Annotated Code of Maryland, the guidelines range for that offense is also doubled. If the upper limit of the calculated guidelines range exceeds the doubled statutory maximum for the offense, the doubled statutory maximum is the upper limit of the guidelines range. Likewise, if the lower limit of the calculated guidelines range exceeds the doubled statutory maximum for the offense, the doubled statutory maximum is the lower and upper limit of the guidelines range. Subsequent Crime of Violence. When a non-suspendable mandatory minimum sentence for a crime of violence has been invoked pursuant to Criminal Law Article, §14-101, Annotated Code of Maryland, that mandatory minimum takes precedence over the lower limit and, possibly, the upper limit of the guidelines range, if the mandatory minimum exceeds the calculated lower or upper limit of the range. In this scenario, the lower limit of the range (and possibly the upper limit of the range) is replaced by the mandatory minimum. Subsequent Violation of Use of a Firearm or Assault Weapon in the Commission of a Felony or Crime of Violence. When an individual is being sentenced for multiple violations, including contemporaneous violations, of Criminal Law Article, §4-204, Annotated Code of Maryland (use of a firearm in the commission of a crime of violence or any felony) or Criminal Law Article, §4-306, Annotated Code of Maryland (use of an assault weapon in the commission of a felony or crime of violence), the guidelines for all but the first violation of each offense shall be calculated pursuant to Criminal Law Article, §4-204(c)(2), Annotated Code of Maryland, or Criminal Law Article, §4-306(b)(3), Annotated Code of Maryland, respectively, both of which provide penalties for subsequent violations. Other Subsequent Offenses. When an enhanced penalty for any other subsequent offense has been invoked, providing for an enhanced statutory maximum and/or mandatory minimum, the guidelines shall be calculated according to the rules set forth in these regulations with respect to the offense’s statutory maximum and/or any applicable mandatory minimum. The individual completing the worksheet shall use the sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy and may refer to the Maryland Sentencing Guidelines Manual for additional instruction and for case examples. Notwithstanding the actual guidelines range, the Commission on Criminal Sentencing Policy shall deem a sentence within the guidelines range if a judge: Approved an MSCCSP binding plea agreement and sentence agreed to by both the defendant and by the State; Sentenced a defendant to a period of pre-sentence incarceration time with no additional post-sentence incarceration time and the length of credited pre-sentence incarceration exceeds the upper guidelines range for the case; or Imposed a sentence of corrections options if the defendant’s: Initial sentence plus any suspended sentence falls within or above the overall guidelines range; and Current sentence or sentences and any pending charges do not include a violation of: A crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland; Sexual child abuse under Criminal Law Article, §3-602, Annotated Code of Maryland; Escape; or A law of the United States or of any other state or the District of Columbia similar to §C(2)(a)—(c) of this regulation. Criminal Procedure Article, §§6-211 and 6-214, Annotated Code of Maryland Effective date: July 1, 2001 (28:8 Md. R. 763) Regulation .01 amended effective December 24, 2001 (28:25 Md. R. 2193); January 19, 2004 (31:1 Md. R. 31) Regulation .01A amended effective November 1, 2013 (40:21 Md. R. 1780); November 1, 2016 (43:21 Md. R. 1169); March 1, 2019 (46:3 Md. R. 108) Regulation .02B amended effective December 24, 2001 (28:25 Md. R. 2193); January 19, 2004 (31:1 Md. R. 31); March 28, 2005 (32:6 Md. R. 636); August 14, 2006 (33:16 Md. R. 1365); January 1, 2008 (34:24 Md. R. 2159); September 1, 2009 (36:17 Md. R. 1313);May 1, 2010 (37:7 Md. R. 575); November 1, 2013 (40:21 Md. R. 1780); November 1, 2016 (43:21 Md. R. 1169); October 1, 2017 (44:18 Md. R. 866); July 1, 2018 (45:11 Md. R. 578); July 1, 2019 (46:11 Md. R. 516); July 1, 2020 (47:11 Md. R. 560); February 1, 2021 (48:1 Md. R. 10); April 1, 2021 (48:6 Md. R. 238); November 14, 2022 (49:23 Md. R. 997); February 1, 2024 (51:1 Md. R. 16) Regulation .03 amended effective March 1, 2008 (35:4 Md. R. 515); November 1, 2013 (40:21 Md. R. 1780); February 1, 2024 (51:1 Md. R. 16) Regulation .03B amended effective February 1, 2015 (42:1 Md. R. 18) Regulation .03D amended effective February 1, 2023 (49:27 Md. R. 1111) Regulation .03E amended effective July 1, 2018 (45:11 Md. R. 578); February 1, 2020 (46:26 Md. R. 1167) Regulation .03F amended effective October 1, 2017 (44:18 Md. R. 866) Regulation .05B amended effective July 1, 2025 (52:10 Md. R. 438) Regulation .07 amended effective July 1, 2019 (46:11 Md. R. 516); February 1, 2024 (51:1 Md. R. 16) Regulation .07A amended and I—M adopted effective July 7, 2003 (30:13 Md. R. 854); November 14, 2022 (49:23 Md. R. 997) Regulation .07A, J amended effective November 1, 2010 (37:21 Md. R. 1437); November 1, 2012 (39:20 Md. R. 1307) Regulation .07A, M amended effective March 1, 2008 (35:4 Md. R. 515) Regulation .07H amended effective January 19, 2004 (31:1 Md. R. 31); September 1, 2009 (36:17 Md. R. 1313); April 1, 2021 (48:6 Md. R. 238) Regulation .07N, O adopted effective January 19, 2004 (31:1 Md. R. 31) Regulation .07N amended effective March 28, 2005 (32:6 Md. R. 636) Regulation .08B amended effective February 1, 2015 (42:1 Md. R. 18) Regulation .08C amended effective July 1, 2020 (47:11 Md. R. 560); February 1, 2024 (51:1 Md. R. 16) Regulation .09 amended effective February 1, 2024 (51:1 Md. R. 16) Regulation .09A, B amended effective May 1, 2010 (37:7 Md. R. 575) Regulation .09B amended effective December 24, 2001 (28:25 Md. R. 2193); January 19, 2004 (31:1 Md. R. 31); August 14, 2006 (33:16 Md. R. 1365); April 1, 2009 (36:6 Md. R. 492); February 1, 2015 (42:1 Md. R. 18); February 1, 2021 (48:1 Md. R. 10); October 1, 2021 (48:18 Md. R. 692); November 14, 2022 (49:23 Md. R. 997); April 1, 2023 (50:5 Md. R. 182); January 1, 2026 (52:25 Md. R. 1269) Regulation .10 amended effective February 1, 2024 (51:1 Md. R. 16) Regulation .10A amended effective July 1, 2008 (35:13 Md. R. 1181); May 1, 2010 (37:7 Md. R. 575) Regulation .10B amended effective January 19, 2004 (31:1 Md. R. 31); effective August 14, 2006 (33:16 Md. R. 1365); October 23, 2006 (33:21 Md. R. 1678); March 1, 2008 (35:4 Md. R. 515); July 1, 2008 (35:13 Md. R. 1181); September 8, 2008 (35:18 Md. R. 1601); November 1, 2012 (39:20 Md. R. 1307); February 1, 2015 (42:1 Md. R. 18); June 1, 2015 (42:10 Md. R. 685); November 1, 2016 (43:21 Md. R. 1169); October 1, 2017 (44:18 Md. R. 866); July 1, 2018 (45:11 Md. R. 578); November 5, 2018 (45:22 Md. R. 1027); November 4, 2019 (46:22 Md. R. 978); February 1, 2020 (46:26 Md. R. 1167); July 1, 2020 (47:11 Md. R. 560); February 1, 2021 (48:1 Md. R. 10); October 1, 2022 (49:18 Md. R. 819); April 1, 2023 (50:5 Md. R. 182); June 10, 2024 (51:11 Md. R. 580) Regulation .11 amended effective February 1, 2024 (51:1 Md. R. 16) Regulation .11D amended effective December 24, 2001 (28:25 Md. R. 2193); July 7, 2003 (30:13 Md. R. 854); January 1, 2008 (34:24 Md. R. 2159); July 1, 2016 (43:6 Md. R. 411); April 1, 2023 (50:5 Md. R. 182) Regulation .11D, E amended effective July 1, 2022 (49:7 Md. R. 468) Regulation .12A amended effective January 19, 2004 (31:1 Md. R. 31); November 5, 2018 (45:22 Md. R. 1027); February 1, 2024 (50:17 Md. R. 769); November 1, 2024 (51:21 Md. R 927); October 27, 2025 (52:21 Md. R. 1025) Regulation .12A, C amended effective June 10, 2024 (51:11 Md. R. 580) Regulation .12C, D amended effective February 1, 2020 (46:26 Md. R. 1167) Regulation .14 amended effective March 1, 2008 (35:4 Md. R. 515); February 1, 2021 (48:1 Md. R. 10); February 1, 2024 (50:17 Md. R. 769) Regulation .14D amended effective November 1, 2024 (51:21 Md. R.927) Regulation .15 amended effective January 19, 2004 (31:1 Md. R. 31); November 5, 2018 (45:22 Md. R. 1027); January 1, 2026 (52:25 Md. R. 1269) Regulation .17 adopted effective December 24, 2001 (28:25 Md. R. 2193) Regulation .17A amended effective April 1, 2021 (48:6 Md. R. 238) Regulation .17B amended effective January 19, 2004 (31:1 Md. R. 31) Regulation .17C amended effective June 1, 2011 (38:9 Md. R. 553); June 1, 2015 (42:10 Md. R. 685); October 1, 2017 (44:18 Md. R. 866)