14.22.01.10

.10 Computation of the Offender Score.

A. 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.

B. Four Components of the Offender Score.

(1) 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 of guilt as an adult, 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.

(2) Juvenile Delinquency.

(a) The individual completing the worksheet shall count findings of a delinquent act the same as convictions, that is, there may be more than one as part of a single event.

(b) Commitments refer to a court transferring legal custody to the Maryland Department of Juvenile Services or comparable commitment to another federal or state authority. The individual completing the worksheet shall count suspended juvenile commitments as findings of a delinquent act.

(c) 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.

(d) The individual completing the worksheet shall assign a score of 0 if an offender is 23 years or older by the date of the offense. The individual completing the worksheet shall assign a score of 0 if an offender has been crime free for 5 years since the last finding of a delinquent act or last adjudication. The individual completing the worksheet shall assign a score of 0 if an offender has no more than one finding of a delinquent act.

(e) The individual completing the worksheet shall assign a score of 1 if an offender:

(i) Is younger than 23 years old; and

(ii) Has two or more findings of a delinquent act or one commitment.

(f) The individual completing the worksheet shall assign a score of 2 if an offender:

(i) Is younger than 23 years old; and

(ii) Has been committed two or more times.

(3) Prior Adult Criminal Record.

(a) In General.

(i) 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; marijuana possession or marijuana paraphernalia possession adjudications that qualify for a non-incarceration penalty due to evidence of medical necessity; adjudications based on acts that are no longer crimes; or non-incarcerable traffic offenses.

(ii) 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.

(iii) 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.

(b) Criteria.

(i) 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.

(ii) The individual completing the worksheet shall count the number of prior adjudications of guilt according to the seriousness categories. If prior multiple convictions relate to a single criminal event, the individual completing the worksheet shall score only the offense with the highest seriousness category.

(iii) 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 convictions for that seriousness category.

(iv) The individual completing the worksheet shall use the criteria in the identified block to classify the record as Minor, Moderate, or Major.

(v) Criteria Matrix.

CRITERIA FOR PRIOR ADULT CRIMINAL RECORD

Seriousness Category

NUMBER OF CONVICTIONS

1

2

3 4

5-9

10 or More

I Major Major Major Major Major Major
II

Major if combined with any offenses in Categories III - VI, or any 5 offenses
 ---- Moderate

Major

Major

Major Major Major
III

Major if combined with two or more offenses in Categories IV-VI, or any 6 offenses
---- Moderate

Major Major Major Major Major
IV

Major if combined with 3 or more offenses from Categories V or VI, or any 7 offenses
---- Moderate

Major if combined with 1 or more offenses from Categories V or VI, or any 6 offenses ----
Moderate
Major Major Major Major
V

Major if combined with any 8 offenses
---- Moderate if combined with not less than 3, nor more than 7 offenses
----
Minor

Major if combined with any 7 offenses
----
Moderate if combined with not less than 1, nor more than 6 offenses
 ----
Minor
Major if combined with any 6 offenses
----
Moderate
Major if combined with any 5 offenses
----
Moderate
Major Major
VI

Major if combined with any 9 offenses
---- Moderate if combined with not less than 4, nor more than 8 offenses
----
Minor

Major if combined with any 8 offenses
----
Moderate if combined with not less than 3, nor more than 7 offenses
----
Minor
Major if combined with any 7 offenses
----
Moderate if combined with not less than 2, nor more than 7 offenses
----
Minor
Major if combined with any 6 offenses
----
Moderate
Major if total number of convictions is equal to or greater than 10
----
Moderate
Major
VII Minor Minor Minor Minor Moderate Major

(c) 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 of guilt before the current sentencing and is the same for each offense being sentenced at this time.

(d) Convictions Out of Jurisdiction. If an offender has been convicted in another jurisdiction, 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 conviction is based on act that is not a criminal violation in Maryland (e.g., marijuana possession less than 10 grams), then the out of jurisdiction conviction 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 conviction, that question should be brought to the attention of the judge at sentencing.

(e) Theft-Type Offenses. Theft convictions, 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.

(f) 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 of guilt 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 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.

(g) Conspiracies, Attempts, Solicitations, and Accessoryships.

(i) 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.

(ii) 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.

(iii) 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.

(4) Prior Adult Parole/Probation Violations.

(a) 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.

(b) The individual completing the worksheet shall assign a score of 1 if the offender was ever adjudicated in violation of parole, probation, or equivalent supervisory status, or was convicted of an offense while on parole, probation, or equivalent supervisory status, unless the adjudication or conviction 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.

C. 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.