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Commission staff told members that the eighth edition of the guidelines requires a different approach to reporting conformity because it separates the sentencing alternative (disposition) from duration. Under prior practice, the database labeled cases as 'outside above' or 'outside below.' The new approach flags dispositional departures (for example, sending someone to state prison when the commission recommended county confinement) and durational departures (length of term outside the recommended range) separately.
Staff explained the hierarchy used in the application: the system first evaluates the sentencing alternative (probation, county confinement, state prison) and flags a dispositional departure when a court imposes an alternative contrary to the recommendation; duration is evaluated subsequently and flagged where applicable. Staff walked the commission through examples across the matrix (levels A–D) to show how the labels operate in practice and why the change more accurately reflects the commission’s intent.
Commission members noted a consequential practice change: judges now may need to place on the record specific reasons when making dispositional departures in some cells. Staff said the Education and Outreach Unit will provide resources and the system will publish explanatory material to help courts and practitioners interpret flags produced by SGS Web.
Staff will monitor implementation and produce reports to the commission to assess whether particular offense categories or cells require reconsideration of OGS assignments or other guideline adjustments.
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