Criminal History Score OverviewPart 8: Comparing Sentencing Guidelines Jurisdictions

Other State’s Sentencing Grids with Categorical CHS CategoriesMSGC Staff Presentation

October 12, 201710/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Magnitude of Criminal History Enhancement – In/Out Disposition: From Robina Institute’s Criminal History Enhancement Sourcebook

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Rank by Recommended Prison Due to Criminal History (Percentage of Cells): Primary Grids

Federal 8%

Oregon 11%

Massachusetts 13%

Arkansas 13%

Tennessee 16%

Kansas 17%

Pennsylvania 18%

North Carolina 19%

DC 22%

Washington 22%

Minnesota 26%

Utah 28%

Rank by Recommended Prison Due to Criminal History (Percentage of Cells): Secondary Grids

Utah; Sex Grid 3%

Kansas; Drug Grid 9%

Washington; Drug Grid 11%

Maryland; Person Grid 12%

Maryland; Drug Grid 29%

Minnesota: Sex Grid 29%

DC; Drug Grid 30%

Maryland; Property Grid 58%

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Magnitude of Criminal History Enhancement –Sentence Length Multiplier:

From Robina Institute’s Criminal History Enhancement Sourcebook

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

• Multiplier calculated by dividing presumptive sentence (highest CHS) by presumptive sentence (lowest CHS).

• Example: • Severity Level 8 on MN Standard Grid• Offender at CHS 6+ = 108 mos. prison• Offender at CHS 0 = 48 mos. prison

• Accordingly, the recommended sentence for offenders with the highest criminal history is 2.25 times greater than the recommended sentence for offenders with the lowest criminal history

• All of the recommended enhancement is attributable to criminal history.

• Multipliers are not the same for all offense severity levels, so the measure calculates a multiplier for each level and then averages the multipliers to produce an overall multiplier figure for that grid.

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Magnitude of Criminal History Enhancement –Sentence Length Multiplier:

From Robina Institute’s Criminal History Enhancement Sourcebook

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Rank by Sentence Length Multiplier (average of offense severity level multipliers): Primary Grids

DC 1.7

North Carolina 2.2

Federal 2.5

Massachusetts 2.5

Minnesota 4.7

Tennessee 5.5

Oregon 7.2

Pennsylvania 7.7

Utah 8.0

Washington 9.8

Arkansas 10.5

Kansas 14.4

Rank by Sentence Length Multiplier (average of offense severity level multipliers): : Secondary Grids

DC; Drug Grid 2.1

Utah; Sex Grid 2.8

Washington; Drug Grid 4.5

Maryland; Person Grid 6.8

Minnesota; Sex Grid 8.0

Kansas; Drug Grid 9.5

Maryland; Drug Grid 11.1

Maryland; Property Grid 43.7

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Comparing Sentencing Guidelines Jurisdictions:Oregon’s Sentencing Guidelines Objectives

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Oregon

• Make sentencing more predictable, proportional, and fair

• Designed to take into account the prison capacity Oregon had when the guidelines were developed.

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Comparing Sentencing Guidelines Jurisdictions:Oregon’s Criminal History Scoring

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

OregonCHS CRITERIA

A The criminal history includes three or more person felonies in any combination of adult convictions or juvenile adjudications.

B The criminal history includes two person felonies in any combination of adult convictions or juvenile adjudications.

C The criminal history includes one adult conviction or juvenile adjudication for a person felony; and one or more adult conviction or juvenile adjudication for a non-person felony.

D The criminal history includes one adult conviction or juvenile adjudication for a person felony but no adult conviction or juvenile adjudications for a non-person felony.

E The criminal history includes four or more adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

F The criminal history includes two or three adult convictions for non-person felonies but no adult conviction or juvenile adjudication for a person felony.

G The criminal history includes four or more adult convictions for Class A misdemeanors; one adult conviction for a non-person felony; or three or more juvenile adjudications for non-person felonies, but no adult conviction or juvenile adjudication for a person felony.

H The criminal history includes no adult felony conviction or juvenile adjudication for a person felony; no more than two juvenileadjudications for non-person felonies; and no more than three adult convictions for Class A misdemeanors.

I The criminal history does not include any juvenile adjudication for a felony or any adult conviction for a felony or Class A misdemeanor. 6

Comparing Sentencing Guidelines Jurisdictions:Oregon’s Sentencing Grid

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Oregon

• Yellow is presumptive prison;• CHS categories A thru D include prior person

offenses;• 1 prior person offense can result in more time

than 4 prior non-person offenses;• At lowest 3 severity levels, no presumptive

prison cells; and• At severity level 4, no presumptive prison cells

without prior violent offenses.

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Comparing Sentencing Guidelines Jurisdictions:Kansas’s Sentencing Guidelines Objectives

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Kansas

• Emphasizes the goal of making punishment proportional to the offender’s crime as measured primarily by the degree of harm it caused.

• Physical and emotional harms are accorded the greatest weight, followed by harms to property rights and then harms to other public and private interests.

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Comparing Sentencing Guidelines Jurisdictions:Kansas’s Criminal History Scoring

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

KansasCHS CRITERIA

A The criminal history includes three or more person felonies.

B The criminal history includes two person felonies.

C The criminal history includes one person felony; and one non-person felony.

D The criminal history includes one person felony but no non-person felony.

E The criminal history includes three or more non-person felonies but no person felony.

F The criminal history includes two non-person felonies but no person felony.

G The criminal history includes one non-person felony but no person felony.

H The criminal history includes two or more misdemeanors but no felony.

I The criminal history includes one misdemeanor or no record but no felony.

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Comparing Sentencing Guidelines Jurisdictions:Kansas’s Standard Sentencing Grid

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Kansas

• White is presumptive prison;• Dark gray are border boxes;• CHS categories A thru D include

prior person offenses; • 1 prior person offense can result in

more time than 3 prior non-person offenses; and

• At 4 lowest severity levels, no presumptive prison cells without a prior person offenses.

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Comparing Sentencing Guidelines Jurisdictions:Kansas’s Drug Sentencing Grid

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Kansas’s Drug Grid

• No presumptive prison without prior person offenses at lowest severity level; and

• Blue cells are border boxes i.e., prison or probation permitted without departure.

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Comparing Sentencing Guidelines Jurisdictions:Massachusetts’s Sentencing Guidelines Objectives

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Massachusetts• Established as part of “truth in sentencing” reforms.

• Primary mandate is to recommend sentencing policies and practices that -• Justly punish offenders • Secure public safety by providing swift and sure response• Meet the stated purposes of sentencing, which include promoting respect for the law,

deterrence, and incapacitation• Provide certainty and fairness in sentencing, avoiding unwarranted sentencing disparities

among defendants with similar criminal records and similar crimes • Ration correctional capacity and other criminal justice resources• Enhance the value of criminal sanctions and ensure appropriate penalties

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Comparing Sentencing Guidelines Jurisdictions:Massachusetts’s Criminal History Scoring

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

MassachusettsCHS CRITERIA

ANo/Minor Record: no prior convictions of any kind or; one to five prior convictions in any combination for offenses in levels one or two.

BModerate Record: six or more prior convictions in any combination for offenses in levels one or two; or one or two prior convictions in any combination for offenses levels three or four.

CSerious Record: three to five prior convictions in any combination for offenses in levels three or four; or one prior conviction for offenses in levels five or six.

DViolent or Repetitive Record: Six or more prior convictions in any combination for offenses in levels three, four, five, or six; or two or more prior convictions in any combination for offenses in levels five or six; or one prior conviction for offenses in levels seven through nine.

ESerious Violent Record: two or more prior convictions in any combination for offenses in levels seven through nine.

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Comparing Sentencing Guidelines Jurisdictions:Massachusetts’s Drug Sentencing Grid

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Massachusetts

• Criminal history categories at bottom of grid;• Large discretionary zone; • No presumptive prison at 3 lowest severity

levels; and• At severity level 4, no presumptive prison

without a prior serious violent offense.

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Comparing Sentencing Guidelines Jurisdictions:Pennsylvania’s Sentencing Guidelines Objectives

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Pennsylvania• Primary focus on retribution, but which would also permit fulfillment of other

sentencing purposes such as rehabilitation, deterrence, and incapacitation.

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Comparing Sentencing Guidelines Jurisdictions:Pennsylvania’s Criminal History Scoring

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

PennsylvaniaCATEGORY PRIOR RECORD SCORE CATEGORIES

REVOCRepeat Violent Offender Category; offenders who have 2 or more previous 4-point offenses and whose current crime of conviction carries an Offense Gravity Score of 9 or higher.

RFELRepeat Felony 1 and Felony 2 Offender; offenders who have previous convictions or adjudications for felony 1 and/or felony 2 offense which total 6 points or more, and who do not fall within the Repeat Violent Offender Category, are classified in the repeat Felony 1 and Felony 2 Offender Category.

0-5 pointsSix point-based categories. Offenders who don’t fall into the prior two categories are placed in a Point-Based Category, with their Prior Record Score being the sum of the points accrued from previous convictions and adjudications, up to a maximum of 5.

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Comparing Sentencing Guidelines Jurisdictions:Pennsylvania’s Drug Sentencing Grid

10/12/2017 Minn. Sentencing Guidelines Commission Staff Presentation

Pennsylvania

• Repeat violent offender category only applies to severity levels at top of grid; and

• Lowest severity levels need to be in Repeat Felony 1 and 2 category to get into the state incarceration optional category area.

1. Designated areas of matrix indicate restrictive intermediate punishments may be imposed as a substitute for incarceration.2. When restrictive intermediate punishments are appropriate, the duration of the restrictive intermediate punishment programs

are recommended not to exceed the guideline ranges.3. When the range is RS through a number of months (e.g.) RS-6), RIP may be appropriate.4. All numbers in sentence recommendations suggest months of minimum confinement.5. Statutory classification in brackets reflect the omnibus OGS assignment for the given grade.

KEYBC = boot camp REVOC = repeat violent offender category SBI = serious bodily injuryCNTY = county RFEL = repeat felony 1/felony 2 offender category SL = statutory limit (longest min. sent)INCAR = incarceration RIP = restrictive intermediate punishments ~ = no recommendationPWID = poss. w/ intent to deliver RS = retroactive sanctions <;> = less than; greater than

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Standard Grid: Effective August 1, 2016

10/12/2017Minn. Sentencing Guidelines Commission Staff Presentation

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The Road Ahead

• In future meetings, we may have a chance to—

• Provide more information for any questions you have

• Summarize what we have presented

10/12/2017Minn. Sentencing Guidelines Commission Staff Presentation

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