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Commission staff explain new conformity labels for eighth‑edition guidelines: dispositional and durational departures
Summary
Staff described changes to conformity reporting under the eighth edition, adding distinct dispositional and durational departure labels and a decision hierarchy that flags a dispositional departure first (for example, sentencing to state prison when the guideline alternative is county confinement).
Commission on Sentencing staff described changes to how the commission will report whether a sentence conforms to the eighth edition guidelines, saying the commission moved beyond the older single label (“outside above”/“outside below”) to two distinct departure types: dispositional and durational.
Staff told members that dispositional departures capture changes in the recommended sentencing alternative (for example, sentencing to state confinement when the commission recommended county confinement), while durational departures capture differences in sentence length within the recommended alternative…
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