Commission staff explain new conformity labels for eighth‑edition guidelines: dispositional and durational departures

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 (for example, agreeing with county confinement but imposing a minimum term longer than the guideline’s aggravated range). They also described a third label, procedural departures, where a court fails to follow prescribed processes.

To avoid sending mixed messages, staff said the application uses a hierarchy: it first evaluates whether the court’s chosen sentencing alternative departs from the commission’s recommended alternative; if the sentencing alternative differs, the system flags a dispositional departure. If the sentencing alternative conforms, the system then examines duration to determine durational conformity. Staff noted a court can incur both dispositional and durational departures, but the system prioritizes disposition in its initial flagging to be clearer to users.

Staff walked the commission through concrete examples on the guideline matrix for levels A through D (low OGS to higher OGS). They explained that in some matrix cells the floor includes restorative sanctions (RS), which prevents departures below. Other cells package restrictive conditions of probation (RC) into the standard or aggravated ranges; in those cells a sentence to county confinement would be treated as a dispositional departure above the recommendation.

Commission members asked whether the narrower ranges in the eighth edition would increase the number of departures reported. Staff said they are tracking conformity and plan to use the improved data to evaluate whether offense gravity scores or OGS assignments should be revisited if empirical practice shows persistent patterns of departure.

Ending: Staff said the updated labels and reporting logic were rolled out in an August update, education materials are available, and staff will continue to monitor implementation and produce reports showing where departures concentrate.