(e) One (1) individual who represents criminal defense attorneys

1. All seven Prior Record Variables should be scored for all offenses. Where no points are appropriate for a particular Prior Record Variable, a score of zero (0) should be indicated in the appropriate space. The Prior Record Variable Score will determine the offender's Prior Record Variable Level.
2. Prior Record Variables 1 through 6 refer only to prior convictions. Concurrent and Subsequent convictions should be scored in Prior Record Variable 7 and not in Variables 1 through 6.

3. Determine the offender's score on each variable by determining the single applicable category with the highest point.

4. The determination of whether a prior felony conviction or corresponding adjudication is "high" or "low" severity is determined by reference to the Crime Class of the prior conviction or corresponding adjudication. Felonies classified M2 (second degree murder) and A through D are "high severity"; felonies classified E through H are "low severity". The applicable Crime Class may be identified by consulting one of the three offense lists contained in this manual. All guideline offenses have been separately listed (1) alphabetically by the common name of the offense, (2) by Crime Class, and (3) by MCL number.
5. In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 years or more years between the discharge date from a conviction or juvenile adjudication and the defendant's commission of the next offense resulting in a conviction or juvenile adjudication.

   Apply this by determining the time between the discharge date for the prior conviction or juvenile adjudication most recently preceding the commission date of the sentencing offense. If it is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and determine the time between the commission date of that prior conviction and the discharge date of the next earlier prior conviction or juvenile adjudication. If that period is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring the prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables. Repeat this determination for each remaining prior conviction or juvenile adjudication until a period of 10 or more years is found or no prior convictions or juvenile adjudications remain. If a discharge date is not available, add either the time the offender was sentenced to probation or the length of the minimum incarceration term to the date of conviction and use that date as the discharge date. Discharge date means the date an individual is discharged from the jurisdiction of the court or the department of corrections after being convicted of or adjudicated responsible for a crime or an act that would be a crime if committed by an adult.

STEP III. Determine Offense Variable Score

1. Once the proper crime group is determined, the appropriate Offense Variables for that offense should be scored. Where no points are appropriate for a particular Offense Variable, a score of zero (0) should be indicated in the appropriate space. Only the variables that need to be scored for the particular crime are behind the crime group divider.

2. The total Offense Variable score will determine the severity level for that offense within the appropriate grid. Once each of the Offense Variables have been scored, the total points should be placed on the score sheet and the corresponding Offense Variable Level noted.

3. Determine the offender's score on each variable by determing the single applicable category with the highest point.

4. For all Crimes Against a Person, score Offense Variables 1, 2, 3, 4, 7, 8, 9, 10, 11,12,13,14, and 19. Score Offense Variables 5 and 6 for homicide or attempted homicide. Score Offense Variable 16 for a violation or attempted violation of Home Invasion First or Second. Score Offense Variable 17 and 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, aircraft, or locomotive.
5. For all Crimes Against Property, score Offense Variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, and 19.
6. For all Crimes Involving a Controlled Substance, score Offense Variables 1, 2, 3, 12, 13, 14, 15, and 19.
7. For all Crimes Against Public Order, score Offense Variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19.
8. For all Crimes Against Public Safety, score Offense Variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19. Score offense variable 18 if an element of the offense involves the operation of a vehicle, vessel, aircraft, or locomotive.
9. For all Crimes Against Public Trust, score Offense Variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19.

After scoring the appropriate Offense and Prior Record Variables, the minimum sentence guideline range for the offense being scored may be determined by examining the intersection of the Offense Variable and Prior Record Variable Levels on the appropriate grid. The guideline sentence range will be contained in the grid-cell (in months or LIFE ) where the variable levels intersect.

1. Where the guidelines range will violate the statutorily mandated minimum sentence, the sentencing judge should sentence according to the statutorily mandated minimum sentence.
2. Where the guidelines range will violate the 2/3rds rule, the sentencing judge should not impose a minimum sentence that is more than 2/3rds of the statutory maximum
3. Where the recommended minimum sentence falls in an intermediate sanction cell, the sentencing judge can sentence the offender below the cell range.
4. Where the recommended minimum sentence falls in a straddle cell, the judge can sentence the offender to zero (O) incarceration.
5. The judge must sentence the offender to lifetime probation if the offense being scored is MCL 333.7401(2)(a)(iv) - Unlawful Manufacture, Delivery, or Possession With the Intent to Manufacture or Deliver a Controlled Substance in an Amount Less than 50 Grams OR MCL 333.7403 (2) (a) (iv) - Unlawful Possession of a Controlled Substance in an Amount of 25 grams or more but less than 50 grams, AND the appropriate cell is an intermediate sanction cell.

MCL 769.34(3)(a) and (b) allow a judge to depart from the guideline sentence range only where there are "substantial and compelling" reasons to do so.

The judge shall not use an individual's gender, race, ethnicity, alienage, national origin, legal occupation, lack of employment, representation by appointed legal counsel, representation by retained legal counsel, appearance in propria persona, or religion to depart from the appropriate sentence range.

Furthermore, a departure shall not be based on an offense or offender characteristic already taken into account in determining the appropriate sentence range, unless the court finds from the facts contained in the court record, including the presentence investigation report, that the characteristic has been given inadequate or disproportionate weight.

A departure from the appropriate sentence range occurs when:

If the judge imposes a minimum sentence that is longer or more severe than the appropriate sentence range, the court shall:

1. State on the record the reasons for departure.
2. Advise the defendant on the record and in writing that he or she may appeal the sentence as provided by law on grounds that it is longer or more severe than the appropriate sentence range.

1. SENTENCING INFORMATION REPORT (SIR)
   A. IDENTIFICATION INFORMATION

   Judge Bar Number: At the time of sentencing, the judge should indicate his or her bar number on the sentencing information report form.

   Circuit Court Number: Indicate the assigned circuit court number.

   County Number: Indicate the assigned county number.

   Caseload Number: Indicate the probation officer's caseload number.

   Social Security Number: Indicate the offender's social security number. If the offender does not have, or does not know, their social security number, leave this area blank.

   Case No./Docket Number: Indicate the docket number.

   Offense Date: Indicate the date (MM/DD/YY) that the offense occurred.

   Offender's Name: Indicate the offender's name, last name first. Leave an empty box between the two.

   Conviction PACC: Indicate the complete PA Charge Code citation for the conviction offense.

   Offense Title: Indicate the statutory title for the conviction offense.

   Attempt: Indicate if the conviction offense is an attempt.

   Conviction Statutory Maximum: Indicate in months or LIFE, the statutory maximum for the conviction offense.

   Conviction Count Number/Total Conviction Counts: Indicate the conviction count number in the first area and the total number of conviction counts that the offender has been convicted of in the second area.

   Crime Group: Indicate the Crime Group of the conviction offense.

   Crime Class: Indicate the Crime Class of the conviction offense. The "M" stands for Second Degree Murder.

   B. PRIOR RECORD VARIABLES

   Evaluate each of the prior record variables and record the appropriate point value on the SIR. A "0" should be scored if there is no score for an individual prior record variable.

   Total the points and indicate the Total PRV in the appropriate areas.

   Based on the total number of points assessed, indicate the PRV level in the appropriate area.

   C. OFFENSE VARIABLES

   Evaluate each of the offense variables and record the appropriate point value on the SIR. A "0" should be scored if there is no score for an individual offense variable.

   There are 19 offense variables included in the sentencing guideline's manual. Not all of these variables are scored in each crime group. Score only those variables that are included in the crime group of the conviction offense.

   Total the points and indicate the Total OV in the appropriate areas.

   Based on the total number of points assessed, indicate the OV Level in the appropriate area.

   D. SENTENCING RECOMMENDATION

   Habitual: Indicate if the offender is subject to sentence enhancement as a habitual offender and indicate the level of sentence enhancement, i.e., 2nd, 3rd, 4th or subsequent offense.

   Guideline Range: Indicate the appropriate sentencing guideline range in months or LIFE. To determine the appropriate range, locate the sentencing grid that refers to the crime class of the conviction offense. The guideline range is found in the cell that lies at the intersection of the row and column that match the offense level and prior record level.

   There are separate ranges that may be used for those offenders whose sentences may be enhanced as a habitual offender. If the judge determines at the time of sentencing to use the sentencing grid designed for offenders whose sentence may be enhanced as a habitual offender, the judge should indicate that range in the appropriate area at the time of sentencing.

   Minimum Sentence: The judge should indicate the minimum sentence range that was imposed by indicating the length of the sentence (in months or LIFE) on the SIR. If the sentence was a split sentence between jail and probation, the judge should place the length of probation below "probation" and the length of jail incarceration below "jail."

   If the judge imposes a sentence that includes "days", do the following: If the sentence imposed is any number of days less than one month, indicate as one month. If the sentence imposed is greater than one month, round the number of days up or down depending on the number of days given. I.e. If the sentence imposed is one month 15 days, the sentence would be one month. If the sentence imposed is one month 16 days, the sentence would be two months.

   Sentence Date: Indicate the date (MM/DD/YY) that the offender was sentenced.

   Consecutive or Concurrent Sentence: Indicate if the conviction offense is one in which the sentence imposed will be served consecutively or concurrently.

   Actual Sentence (the result of): Indicate if the sentence imposed was the result of a sentence agreement. Indicate if the sentence imposed was the result of a prosecutor's recommendation. Indicate if the sentence imposed resulted in a departure from the sentence guideline range.

   Signature of the Judge: The sentencing judge should sign the SIR after imposing sentence and reviewing the SIR for accuracy.

2. SENTENCING INFORMATION REPORT DEPARTURE EVALUATION (SIR 88-2)
   A judge may depart from the guideline sentence range only where there is a "substantial and compelling" reason to do so. If the judge imposes a minimum sentence that is a departure from the appropriate sentence range, the judge shall state on the record and on a departure evaluation form (SIR88-2), the aspects of the case that have persuaded the judge to impose a sentence outside of the recommended range. In addition, the judge must advise the defendant on the record and in writing, that he or she may appeal the sentence as provided by law on grounds that it is longer or more severe than the appropriate sentence range.

   The judge shall not use an individual's gender, race, ethnicity, alienage, national origin, legal occupation, lack of employment, representation by appointed legal counsel, representation by retained legal counsel, appearance in propria persona, or religion to depart from the appropriate sentence range.

   Furthermore, a departure shall not be based on an offense or offender characteristic already taken into account in determining the appropriate sentence range, unless the court finds from the facts contained in the court record, including the presentence investigation report, that the characteristic has been given inadequate or disproportionate weight.

   October, 1998
   "Crimes Against A Person" Crime Group

   PRIOR RECORD VARIABLES

    

   PRV #	Points	Variable Name and Category	Instructions
   1	PRIOR HIGH SEVERITY FELONY CONVICTIONS 75 The offender has 3 or more prior high severity convictions 50 The offender has 2 prior high severity convictions 25 The offender has 1 prior high severity conviction 0 The offender has no prior high severity convictions		"Prior high severity felony conviction" means a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the conviction was entered before the sentencing offense was committed.
   2	PRIOR LOW SEVERITY FELONY CONVICTIONS   30 The offender has 4 or more prior low severity convictions 20 The offender has 3 prior low severity convictions 10 The offender has 2 prior low severity convictions 5 The offender has 1 prior low severity conviction 0 The offender has no prior low severity convictions		Prior low severity felony conviction" means a conviction for a crime listed in offense class E, F, G, or H, or for a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H, if the conviction was entered before the sentencing offense was committed.
   3	PRIOR HIGH SEVERITY JUVENILE ADJUDICATIONS 50 The offender has 3 or more prior high severity juvenile adjudications 25 The offender has 2 prior high severity juvenile adjudications 10 The offender has 1 prior high severity juvenile adjudication 0 The offender has no prior high severity juvenile adjudications		"Prior high severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class M2, A, B, C, or D if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   4	PRIOR LOW SEVERITY JUVENILE ADJUDICATIONS 20 The offender has 6 or more prior low severity juvenile adjudications 10 The offender has 4 or 5 prior low severity Juvenile adjudications 5 The offender has 2 or 3 prior low severity juvenile adjudications 2 The offender has 1 prior low severity juvenile adjudication 0 The offender has no prior low severity juvenile adjudications		Prior low severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class E, F, G, or H, if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   5	PRIOR MISDEMEANOR CONVICTIONS OR PRIOR MISDEMEANOR JUVENILE ADJUDICATIONS 20 The offender has 7 or more prior misdemeanor convictions or prior juvenile adjudications 15 The offender has 5 or 6 prior misdemeanor convictions or prior juvenile adjudications 10 The offender has 3 or 4 prior misdemeanor convictions or prior juvenile adjudications 5 The offender has 2 prior misdemeanor convictions or prior juvenile adjudications 2 The offender has 1 prior misdemeanor conviction or prior juvenile adjudication 0 The offender has no prior misdemeanor convictions or prior juvenile adjudications		Count a prior misdemeanor conviction or prior juvenile adjudication only if it is a crime against a person or property, a controlled substance crime, or a weapon offense enumerated in Chapter 37 of the Michigan Penal Code, 1931 PA 328, (MCL 750.222 to 750.239a.) Count all prior misdemeanor and prior misdemeanor adjudications for operating a vehicle, vessel, aircraft or locomotive while under the influence of, or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.
   6	RELATIONSHIP TO THE CRIMINAL JUSTICE SYSTEM 20 The offender is a prisoner of the department of corrections or serving a sentence in jail 15 The offender is incarcerated in jail awaiting adjudication or sentencing on a conviction or probation violation 10 The offender is on parole, probation or delayed sentence status or on bond awaiting adjudication or sentencing for a felony 5 The offender is on probation or delayed sentence status, or on bond awaiting adjudication or sentence for a misdemeanor 0 The offender has no relationship to the criminal justice system		Score the appropriate point value if the offender is involved with the criminal justice system in another state or United States. Prisoner of the department of corrections or serving a sentence in jail" includes an individual who is an escapee. Delayed sentence status" includes, but is not limited to, those sentenced under: MCL 333.7411 (Controlled Substance) MCL 750.350a (Parental Kidnapping) MCL 762.11- .15 (Youthful Trainee Act) MCL 769.4a (Assault)
   7	SUBSEQUENT OR CONCURRENT FELONY CONVICTIONS 20 The offender has 2 or more subsequent or concurrent convictions 10 The offender has 1 subsequent or concurrent convictions 0 The offender has no subsequent or concurrent convictions		Score the appropriate point value if the offender was convicted of multiple felony counts or was convicted of a felony after the sentencing offense was committed. Do not score a felony firearm conviction in this variable. Do not score a concurrent felony conviction if a consecutive sentence will result from that conviction.

   OFFENSE VARIABLES FOR CRIMES AGAINST A PERSON

    

   OV#	Pts	Variable Name and Category	Instructions
   1	Aggravated Use of A Weapon 25 A firearm was discharged at or toward a human being or a victim was cut or stabbed with a knife or other cutting or stabbing weapon 15 A firearm was pointed at or toward a victim or the victim had a reasonable apprehension of an immediate battery when threatened with a knife or other cutting or stabbing weapon 10 The victim was touched by any other type of weapon 5 A weapon was displayed or implied 0 No aggravated use of a weapon occurred		Count each person who was placed in danger of injury or loss of life as a victim. In multiple offender cases, if 1 offender is assessed points for the presence, or use of a weapon, all offenders shall be assessed the same number of points. Score "5" points if an offender used an object to suggest the presence of a weapon. Do not score 5 points if the conviction offense is Felonious Assault or Robbery Armed.
   2	Aggravated Use of A Weapon 15 The offender possessed an incendiary device or explosive device, or a fully automatic weapon 10 The offender possessed a short-barreled rifle or a short- barreled shotgun 5 The offender possessed a pistol, rifle, shotgun, or knife or other cutting or stabbing weapon 1 The offender possessed any other potentially lethal weapon 0 The offender possessed no weapon		In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points. "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot. "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle. "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail or other similar device.
   3	Physical Injury to a Victim 100 A victim was killed 25 Life threatening or permanent incapacitating injury occurred to a victim 10 Bodily injury requiring medical treatment occurred to a victim 5 Bodily injury not requiring medical treatment occurred to a victim 0 No physical injury occurred to a victim		In multiple offender cases, if 1 offender is assessed points for death or physical injury, all offenders shall be assessed the same number of points. Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense. Do not score 5 points if bodily injury is an element of the sentencing offense. " Requiring medical treatment" refers to the necessity for treatment and not the victim's success in obtaining treatment.
   4	Psychological Injury to a Victim 10 Serious psychological injury to victim requiring professional treatment occurred to a victim 0 No serious psychological injury requiring professional treatment occurred to a victim		Score 10 points if the serious psychological injury may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
   5	Psychological Injury to a Member of a Victim's Family 15 Serious psychological injury requiring professional treatment occurred to a homicide victim's family 0 No serious psychological injury requiring professional treatment occurred to a homicide victim's family		Score this variable only in homicide or attempted homicide cases. Score 15 points if the serious psychological injury to the victim=s family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
   6	Intent to Kill or Injure Another Individual 50 The offender had premeditated intent to kill or the killing was committed while committing or attempting to commit arson, criminal sexual conduct in the first or third degree, child abuse in the first degree, a major controlled substance offense, robbery, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, or kidnapping or the killing was the murder of a peace officer or a corrections officer 25 The offender had unpremeditated intent to kill, the intent to do great bodily harm, or created a very high risk of death or great bodily harm knowing that death or great bodily harm was the probable result 10 The offender had intent to injure or the killing was committed in an extreme emotional state caused by an adequate provocation and before a reasonable amount of time elapsed for the offender to calm or there was gross negligence amounting to an unreasonable disregard for life 0 The offender had no intent to kill or injure		Score this variable only in homicide or attempted homicide cases. The sentencing judge shall score this variable consistent with a jury verdict unless the judge has information that was not presented to the jury. Score 10 points if a killing is intentional within the definition of second degree murder or voluntary manslaughter, but the death occurred in a combative situation or in response to victimization of the offender by the decedent.
   7	Aggravated Physical Abuse 50 A victim was treated with terrorism, sadism, torture, or excessive brutality 0 No victim was treated with terrorism, sadism, torture or excessive brutality		"Terrorism" means conduct designed to substantially increase the fear and anxiety a victim suffers during the offense. "Sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.
   8	Victim Asportation or Captivity 15 The victim was asported to another place of greater danger or to a situation of greater danger or was held captive beyond the time necessary to commit the offense 0 No victim was asported or held captive		Count each person who was placed in danger of injury or loss of life as a victim. Score 0 points if the sentencing offense is kidnapping.
   9	Number of Victims 100 Multiple deaths occurred 25 There were 10 or more victims 10 There were 2 - 9 victims 0 There were fewer than 2 victims		Score 100 points only in homicide cases. Count each person who was placed in danger of injury or loss of life as a victim.
   10	Exploitation of a Vulnerable Victim 15 Predatory Conduct was involved 10 The offender exploited a victim's physical disability, mental disability, youth or agedness, or a domestic relationship or the offender abused his or her authority status 5 The offender exploited a victim by his or her difference in size or strength, or both, or exploited a victim who was intoxicated, under the influence of drugs, asleep or unconscious 0 The offender did not exploit a victim's vulnerability		The mere existence of one or more of these factors does not automatically equate with victim vulnerability. "Predatory conduct" means pre-offense conduct directed at a victim for the primary purpose of victimization. "Exploit" means to manipulate a victim for selfish or unethical purposes. "Vulnerability" means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation. "Abuse of authority status" means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher.
   11	Criminal Sexual Penetration 50 Two or more criminal sexual penetrations occurred 25 One criminal sexual penetration occurred 0 No criminal sexual penetrations occurred		Score all sexual penetrations of the victim by the offender arising out of the sentencing offense. Multiple sexual penetrations of the victim by the offender extending beyond the sentencing offense may be scored in offense variables 12 or 13. Do not score points for the 1 penetration that forms the basis of a first or third degree criminal sexual conduct offense.
   12	Contemporaneous Felonious Criminal Acts 25 Three or more contemporaneous felonious criminal acts involving crimes against a person were committed 10 Two contemporaneous felonious criminal acts involving crimes against a person were committed 10 Three or more contemporaneous felonious criminal acts involving other crimes were committed 5 One contemporaneous felonious criminal act involving a crime against a person was committed 5 Two contemporaneous felonious criminal acts involving other crimes were committed 1 One contemporaneous felonious criminal act involving any other crimes was committed 0 No contemporaneous felonious criminal acts were committed		A felonious criminal act is contemporaneous if both of the following circumstances exist: (1) the act occurred within 24 hours of the sentencing offense, and; (2) the act has not and will not result in a separate conviction. A felony firearm conviction should not be considered when scoring this variable. Do not score conduct scored in offense variable 11.
   13	Continuing Pattern of Criminal Behavior 25 The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person. 10 The offense was part of a pattern of felonious criminal activity involving a combination of 3 or more crimes against a person or property 10 The offense was part of a pattern of felonious criminal activity directly related to membership in an organized criminal group 5 The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against property 0 No pattern of felonious criminal activity existed		For determining the appropriate points under this variable, all crimes within a five-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction. The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group's existence, which may be reasonably inferred from the facts surrounding the sentencing offense. Except for offenses related to membership in an organized criminal group, do not score conduct scored in offense variable 11 or 12.
   14	Offenders Role 10 The offender was a leader in a multiple offender situation 0 The offender was not a leader in a multiple offender situation		The entire criminal transaction should be considered when scoring this variable. If 3 or more offenders were involved, more than 1 offender may be determined to have been a leader.
   16	Property Obtained, Damaged, Lost or Destroyed 10 Wanton or malicious damage occurred beyond that necessary to commit the crime for which the offender is not charged and will not be charged 10 The property had a value of more than $20,000.00 or had significant historical, social, or sentimental value 5 The property destroyed had a value of $1,000.00 or more but not more than $20,000.00 1 The property destroyed had a value of $200.00 or more but not more than $1000.00 0 No property was obtained, damaged, lost or destroyed or the property had a value of less $200.00		This variable is scored in the Crimes Against a Person crime group only if the offense being scored is Home Invasion First or Second. In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of money or property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement. In cases in which the property was obtained unlawfully, lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable. The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered.
   17	Degree of Negligence Exhibited 10 The offender showed a wanton or reckless disregard for the life or property of another person 5 The offender failed to show the degree of care that a person of ordinary prudence in a similar situation would have shown 0 The offender was not negligent		This variable is scored in the Crimes Against a Person crime group where an element of the offense of conviction involves the operation of a vehicle, vessel, aircraft, or locomotive. Do not score 10 points if points are given in offense variable 6.
   18	Operator Ability Affected by Alcohol or Drugs 20 The offender operated a vehicle when his or her bodily alcohol content was 0.20 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine 15 The offender operated a vehicle when his or her bodily alcohol content was 0.15 grams or more but less than 0.20 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine 10 The offender operated a vehicle when his or her bodily alcohol content was 0.10 grams or more but less than 0.15 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or while he or she was under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance 5 The offender operated a vehicle when his or her bodily alcohol content was 0.07 grams or more but less than 0.10 grams of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or while he or she was visibly impaired by the use of intoxication liquor and a controlled substance, or a combination of intoxication liquor or a controlled substance, or was less than 21 years of age and had any bodily alcohol content 0 The offender's ability to operate a vehicle was not affected by an intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance.		This variable is scored in the Crimes Against a Person crime group where an element of the offense of conviction involves the operation of a vehicle, vessel, aircraft, or locomotive. "Any bodily alcohol content" means either of the following:1) an alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or 2) any presence of alcohol within a individual's body resulting from the consumption of intoxicating liquor other than consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.
   19	Threat to the Security of a Penal Institution or Court or Interference with the Administration of Justice 25 The offender by his or her conduct threatened the security of a penal institution or court 15 The offender used force or the threat of force against another person or the property of another person to interfere with or attempt to interfere with the administration of justice 10 The offender otherwise interfered with or attempted to interfere with the administration of justice 0 The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice

   "Crimes Against Property" Crime Group

   PRIOR RECORD VARIABLES

    

   PRV #	Points	Variable Name and Category	Instructions
   1	PRIOR HIGH SEVERITY FELONY CONVICTIONS 75 The offender has 3 or more prior high severity convictions 50 The offender has 2 prior high severity convictions 25 The offender has 1 prior high severity conviction 0 The offender has no prior high severity convictions		"Prior high severity felony conviction" means a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the conviction was entered before the sentencing offense was committed.
   2	PRIOR LOW SEVERITY FELONY CONVICTIONS   30 The offender has 4 or more prior low severity convictions 20 The offender has 3 prior low severity convictions 10 The offender has 2 prior low severity convictions 5 The offender has 1 prior low severity conviction 0 The offender has no prior low severity convictions		Prior low severity felony conviction" means a conviction for a crime listed in offense class E, F, G, or H, or for a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H, if the conviction was entered before the sentencing offense was committed.
   3	PRIOR HIGH SEVERITY JUVENILE ADJUDICATIONS 50 The offender has 3 or more prior high severity juvenile adjudications 25 The offender has 2 prior high severity juvenile adjudications 10 The offender has 1 prior high severity juvenile adjudication 0 The offender has no prior high severity juvenile adjudications		"Prior high severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class M2, A, B, C, or D if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   4	PRIOR LOW SEVERITY JUVENILE ADJUDICATIONS 20 The offender has 6 or more prior low severity juvenile adjudications 10 The offender has 4 or 5 prior low severity Juvenile adjudications 5 The offender has 2 or 3 prior low severity juvenile adjudications 2 The offender has 1 prior low severity juvenile adjudication 0 The offender has no prior low severity juvenile adjudications		Prior low severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class E, F, G, or H, if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   5	PRIOR MISDEMEANOR CONVICTIONS OR PRIOR MISDEMEANOR JUVENILE ADJUDICATIONS 20 The offender has 7 or more prior misdemeanor convictions or prior juvenile adjudications 15 The offender has 5 or 6 prior misdemeanor convictions or prior juvenile adjudications 10 The offender has 3 or 4 prior misdemeanor convictions or prior juvenile adjudications 5 The offender has 2 prior misdemeanor convictions or prior juvenile adjudications 2 The offender has 1 prior misdemeanor conviction or prior juvenile adjudication 0 The offender has no prior misdemeanor convictions or prior juvenile adjudications		Count a prior misdemeanor conviction or prior juvenile adjudication only if it is a crime against a person or property, a controlled substance crime, or a weapon offense enumerated in Chapter 37 of the Michigan Penal Code, 1931 PA 328, (MCL 750.222 to 750.239a.) Count all prior misdemeanor and prior misdemeanor adjudications for operating a vehicle, vessel, aircraft or locomotive while under the influence of, or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.
   6	RELATIONSHIP TO THE CRIMINAL JUSTICE SYSTEM 20 The offender is a prisoner of the department of corrections or serving a sentence in jail 15 The offender is incarcerated in jail awaiting adjudication or sentencing on a conviction or probation violation 10 The offender is on parole, probation or delayed sentence status or on bond awaiting adjudication or sentencing for a felony 5 The offender is on probation or delayed sentence status, or on bond awaiting adjudication or sentence for a misdemeanor 0 The offender has no relationship to the criminal justice system		Score the appropriate point value if the offender is involved with the criminal justice system in another state or United States. Prisoner of the department of corrections or serving a sentence in jail" includes an individual who is an escapee. Delayed sentence status" includes, but is not limited to, those sentenced under: MCL 333.7411 (Controlled Substance) MCL 750.350a (Parental Kidnapping) MCL 762.11- .15 (Youthful Trainee Act) MCL 769.4a (Assault)
   7	SUBSEQUENT OR CONCURRENT FELONY CONVICTIONS 20 The offender has 2 or more subsequent or concurrent convictions 10 The offender has 1 subsequent or concurrent convictions 0 The offender has no subsequent or concurrent convictions		Score the appropriate point value if the offender was convicted of multiple felony counts or was convicted of a felony after the sentencing offense was committed. Do not score a felony firearm conviction in this variable. Do not score a concurrent felony conviction if a consecutive sentence will result from that conviction.

   OFFENSE VARIABLES FOR CRIMES AGAINST PROPERTY

    

   OV#	Pts	Variable Name and Category	Instructions
   1	Aggravated Use of A Weapon 25 A firearm was discharged at or toward a human being or a victim was cut or stabbed with a knife or other cutting or stabbing weapon 15 A firearm was pointed at or toward a victim or the victim had a reasonable apprehension of an immediate battery when threatened with a knife or other cutting or stabbing weapon 10 The victim was touched by any other type of weapon 5 A weapon was displayed or implied 0 No aggravated use of a weapon occurred		Count each person who was placed in danger of injury or loss of life as a victim. In multiple offender cases, if 1 offender is assessed points for the presence, or use of a weapon, all offenders shall be assessed the same number of points. Score "5" points if an offender used an object to suggest the presence of a weapon. Do not score 5 points if the conviction offense is Felonious Assault or Robbery Armed.
   2	Lethal Potential of the Weapon Possessed 15 The offender possessed an incendiary device or explosive device, or a fully automatic weapon 10 The offender possessed a short-barreled rifle or a short- barreled shotgun 5 The offender possessed a pistol, rifle, shotgun, or knife or other cutting or stabbing weapon 1 The offender possessed any other potentially lethal weapon 0 The offender possessed no weapon		In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points. "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot. "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle. "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail or other similar device.
   3	Physical Injury to a Victim 100 A victim was killed 25 Life threatening or permanent incapacitating injury occurred to a victim 10 Bodily injury requiring medical treatment occurred to a victim 5 Bodily injury not requiring medical treatment occurred to a victim 0 No physical injury occurred to a victim		In multiple offender cases, if 1 offender is assessed points for death or physical injury, all offenders shall be assessed the same number of points. Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense. Do not score 5 points if bodily injury is an element of the sentencing offense. " Requiring medical treatment" refers to the necessity for treatment and not the victim=s success in obtaining treatment.
   4	Psychological Injury to a Victim 10 Serious psychological injury to victim requiring professional treatment occurred to a victim 0 No serious psychological injury requiring professional treatment occurred to a victim		Score 10 points if the serious psychological injury may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
   9	Number of Victims 100 Multiple deaths occurred 25 There were 10 or more victims 10 There were 2 - 9 victims 0 There were fewer than 2 victims		Score 100 points only in homicide cases. Count each person who was placed in danger of injury or loss of life as a victim.
   10	Exploitation of a Vulnerable Victim 15 Predatory Conduct was involved 10 The offender exploited a victim's physical disability, mental disability, youth or agedness, or a domestic relationship or the offender abused his or her authority status 5 The offender exploited a victim by his or her difference in size or strength, or both, or exploited a victim who was intoxicated, under the influence of drugs, asleep or unconscious 0 The offender did not exploit a victim's vulnerability		The mere existence of one or more of these factors does not automatically equate with victim vulnerability. "Predatory conduct" means pre-offense conduct directed at a victim for the primary purpose of victimization. "Exploit" means to manipulate a victim for selfish or unethical purposes. "Vulnerability" means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation. "Abuse of authority status" means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher.
   12	Contemporaneous Felonious Criminal Acts 25 Three or more contemporaneous felonious criminal acts involving crimes against a person were committed 10 Two contemporaneous felonious criminal acts involving crimes against a person were committed 10 Three or more contemporaneous felonious criminal acts involving other crimes were committed 5 One contemporaneous felonious criminal act involving a crime against a person was committed 5 Two contemporaneous felonious criminal acts involving other crimes were committed 1 One contemporaneous felonious criminal act involving any other crimes was committed 0 No contemporaneous felonious criminal acts were committed		A felonious criminal act is contemporaneous if both of the following circumstances exist: (1) the act occurred within 24 hours of the sentencing offense, and; (2) the act has not and will not result in a separate conviction. A felony firearm conviction should not be considered when scoring this variable. Do not score conduct scored in offense variable 11.
   13	Continuing Pattern of Criminal Behavior 25 The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person. 10 The offense was part of a pattern of felonious criminal activity involving a combination of 3 or more crimes against a person or property 10 The offense was part of a pattern of felonious criminal activity directly related to membership in an organized criminal group 5 The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against property 0 No pattern of felonious criminal activity existed		For determining the appropriate points under this variable, all crimes within a five-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction. The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group=s existence, which may be reasonably inferred from the facts surrounding the sentencing offense. Except for offenses related to membership in an organized criminal group, do not score conduct scored in offense variable 11 or 12.
   14	Offenders Role 10 The offender was a leader in a multiple offender situation 0 The offender was not a leader in a multiple offender situation		The entire criminal transaction should be considered when scoring this variable. If 3 or more offenders were involved, more than 1 offender may be determined to have been a leader.
   16	Property Obtained, Damaged, Lost or Destroyed 10 Wanton or malicious damage occurred beyond that necessary to commit the crime for which the offender is not charged and will not be charged 10 The property had a value of more than $20,000.00 or had significant historical, social, or sentimental value 5 The property destroyed had a value of $1,000.00 or more but not more than $20,000.00 1 The property destroyed had a value of $200.00 or more but not more than $1000.00 0 No property was obtained, damaged, lost or destroyed or the property had a value of less $200.00		This variable is scored in the Crimes Against a Person crime group only if the offense being scored is Home Invasion First or Second. In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of money or property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement. In cases in which the property was obtained unlawfully, lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable. The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered.
   19	Threat to the Security of a Penal Institution or Court or Interference with the Administration of Justice 25 The offender by his or her conduct threatened the security of a penal institution or court 15 The offender used force or the threat of force against another person or the property of another person to interfere with or attempt to interfere with the administration of justice 10 The offender otherwise interfered with or attempted to interfere with the administration of justice 0 The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice

   "Crimes Involving A Controlled Substance" Crime Group

   PRIOR RECORD VARIABLES

    

   PRV #	Points	Variable Name and Category	Instructions
   1	PRIOR HIGH SEVERITY FELONY CONVICTIONS 75 The offender has 3 or more prior high severity convictions 50 The offender has 2 prior high severity convictions 25 The offender has 1 prior high severity conviction 0 The offender has no prior high severity convictions		"Prior high severity felony conviction" means a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the conviction was entered before the sentencing offense was committed.
   2	PRIOR LOW SEVERITY FELONY CONVICTIONS   30 The offender has 4 or more prior low severity convictions 20 The offender has 3 prior low severity convictions 10 The offender has 2 prior low severity convictions 5 The offender has 1 prior low severity conviction 0 The offender has no prior low severity convictions		Prior low severity felony conviction" means a conviction for a crime listed in offense class E, F, G, or H, or for a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H, if the conviction was entered before the sentencing offense was committed.
   3	PRIOR HIGH SEVERITY JUVENILE ADJUDICATIONS 50 The offender has 3 or more prior high severity juvenile adjudications 25 The offender has 2 prior high severity juvenile adjudications 10 The offender has 1 prior high severity juvenile adjudication 0 The offender has no prior high severity juvenile adjudications		"Prior high severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class M2, A, B, C, or D if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   4	PRIOR LOW SEVERITY JUVENILE ADJUDICATIONS 20 The offender has 6 or more prior low severity juvenile adjudications 10 The offender has 4 or 5 prior low severity Juvenile adjudications 5 The offender has 2 or 3 prior low severity juvenile adjudications 2 The offender has 1 prior low severity juvenile adjudication 0 The offender has no prior low severity juvenile adjudications		Prior low severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class E, F, G, or H, if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
   5	PRIOR MISDEMEANOR CONVICTIONS OR PRIOR MISDEMEANOR JUVENILE ADJUDICATIONS 20