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Commission on Sentencing explains which juvenile and adult offenses count under eighth-edition prior-record rules
Summary
A presenter for the Commission on Sentencing summarized which juvenile and adult adjudications and convictions are included and excluded when calculating a defendant—s prior record score under the eighth edition of the guidelines.
A staff member, presenter for the Commission on Sentencing, summarized how juvenile and adult offenses are counted when computing a defendant—s prior record score under the eighth edition of the sentencing guidelines.
The guidance matters because the prior record score affects sentencing calculations; the presenter outlined which juvenile adjudications and adult convictions are included, which are excluded, and how the eighth edition changes earlier practice.
The presenter said juvenile adjudications count only in limited circumstances. Juvenile adjudications for POG 4 offenses committed on or after the person—s 14th birthday but before their 16th birthday will be considered. Juvenile adjudications for POG 2 and POG 3 offenses are considered only if committed on or after the person—s 16th birthday. The presenter emphasized that any juvenile offense for which the person was not adjudicated delinquent will not be counted; "If the person committed the offense but was not adjudicated delinquent, it will not be considered in determining the prior record score," the staff member said. POG 1 adjudications are never considered.
For adult offenses, the presenter said the eighth edition treats all prior adult convictions committed and convicted before the commission of the current offense as potentially countable. "The eighth edition guidelines define a conviction as a plea or a finding of guilt," the presenter said, noting this removes the earlier requirement that a sentence be imposed. The presenter added that because a sentence is no longer required to establish a prior conviction, whether prior sentences were concurrent or consecutive is no longer part of the prior-record analysis.
The presenter listed categories of prior offenses that are not considered in prior record calculations. Offenses that increase the grade or maximum penalty of a later conviction are excluded. The presenter also named types of prior dispositions that are never considered: summary offenses, accelerated rehabilitative dispositions, probation without verdict, and direct or indirect criminal contempt. In cases where the current conviction is for driving under the influence, the presenter said prior DUI offenses are not counted. Finally, the presenter noted that prior convictions that have lapsed because of decay or a gap are not considered; attendees were referred to a separate guidance item on lapsing policies for more detail.
The Commission provided this material as part of its Prior Record Score series to clarify application of the eighth edition rules. The presentation did not include a formal vote or policy change; it presented interpretive guidance about how the guidelines treat various prior adjudications and convictions.
