Md. Code Regs. 14.22.01.12

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.22.01.12 - Multiple Offense Scoring

A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.

(1) The individual completing the worksheet shall calculate the guidelines range for each offense.

(2) The individual completing the worksheet shall determine the overall guideline range by:

(a) Identifying the highest of the lower guidelines limit of all the offenses; and

(b) Identifying the greater of:

(i) The highest of the upper guidelines limits;

(ii) 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. Animals may not be considered victims for the purposes of applying the multiple victims stacking rule; or

(iii) 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.

B. Single Criminal Event, Two or More Seriousness Category I or II Offenses.

(1) The individual completing the worksheet shall calculate the guidelines range for each offense.

(2) 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.

(3) 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.

C. Multiple Criminal Events, One Offense in Each Event.

(1) The individual completing the worksheet shall arrange the offenses in chronological order beginning with the one committed first.

(2) 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.

(3) The individual completing the worksheet shall determine the overall guidelines range by adding the ranges for each event.

(4) 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.

D. Multiple Criminal Events With Multiple Offenses Within One or More Event or Events.

(1) The individual completing the worksheet shall arrange the events in chronological order, beginning with the offense or offenses committed in the first event.

(2) The individual completing the worksheet shall calculate the guidelines range for each offense in the first event.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

Md. Code Regs. 14.22.01.12

Regulation .12A amended effective January 19, 2004 (31:1 Md. R. 31); amended effective 45:22 Md. R. 1027, eff. 11/5/2018; amended effective 46:26 Md. R. 1167, eff. 2/1/2020; amended effective 50:17 Md. R. 761-784, eff. 2/1/2024; amended effective 51:11 Md. R. 580, eff. 6/10/2024; amended effective 51:21 Md. R. 927, eff. 11/1/2024.