3.2​Determining Minimum Sentence Range for Most Felony Offenses

To find the minimum sentence range for offenses listed in MCL 777.11a to MCL 777.17g complete the following steps:

Step 1: Find the offense category to which the sentencing offense belongs.4 The offense category for every offense to which the guidelines apply is indicated in Part 2 of the Code of Criminal Procedure, MCL 777.11 et seq.

Step 2: Calculate the offender’s “OV level” by scoring only the OVs applicable to crimes in the sentencing offense’s category.5 MCL 777.21(1)(a). MCL 777.22 indicates which OVs are scored for which offense categories. The total number of points scored for all of the applicable OVs is the offender’s “OV level.” Id.

•​An offender’s OV level will be designated in roman numerals from I to VI on the sentencing grid. See Part 6 of the Code of Criminal Procedure, MCL 777.61 et seq. The OV level’s numeric designation increases as the offender’s OV point total increases so that the severity of the corresponding penalty increases as does the offender’s OV level. Id. 

Step 3: Calculate the offender’s “PRV level” by scoring all seven PRVs. MCL 777.21(1)(b).6 The total number of points scored for an offender’s seven PRVs is the offender’s “PRV level.” Id.

•​An offender’s PRV level is designated on the sentencing grid by capital letters from A to F according to the offender’s PRV point total. See Part 6 of the Code of Criminal Procedure, MCL 777.61 et seq. PRV level A represents the column with the fewest points and PRV level F represents the column with the most points. Id. The severity of the penalty increases with an offender’s transit from PRV level A up to PRV level F. Id. The point values corresponding with PRV levels A through F are the same for all nine sentencing grids so that an offender’s criminal history is equally weighted regardless of the severity of the sentencing offense. Id. 

Step 4: Find the intersection of the OV level (vertical axis) and PRV level (horizontal axis) on the sentencing grid that corresponds to the offense class of the sentencing offense to arrive at the defendant’s recommended minimum sentence. MCL 777.21(1)(c).

•​For first-time offenders, or offenders not otherwise being sentenced as habitual offenders, the appropriate upper limit of a recommended minimum range is the number corresponding to the empty “offender status” box on the sentencing grid (the top box in the vertical column of values).7

For example, in the sentencing grid example below,8 the recommended minimum ranges for an individual being sentenced as a first-time offender are (in months): for level A-I, 0 to 3; for level B-I, 0 to 6; for level C-I, 0 to 9; for level D-I, 2 to 17; for level E-I, 5 to 23; and for level F-I, 10 to 23.


OV

Level

PRV Level


Offender Status

A

0 Points

B

1-9 Points

C

10-24 Points

D

25-49 Points

E

50-74 Points

F

75+ Points


I

0-9

Points

0

3*

0

6*

0

9*

2

17*

5

23

10

23

3*

7*

11*

21

28

28

HO2

4*

9*

13*

25

34

34

HO3

6*

12*

18*

34

46

46

HO4

Multiple convictions. “If the defendant was convicted of multiple offenses, subject to [MCL 771.14 (presentence investigation report)9], score each offense as provided in [Part 3 of the Code of Criminal Procedure],” which includes MCL 777.21. MCL 777.21(2).

4. See Section 3.3 for information on determining the offense category for felony offenses enumerated in MCL 777.18 (offenses predicated on an underlying felony).

5.Chapter 1 provides an overview of the guidelines; offense categories are specifically discussed in Section 1.6(A). Chapter 2 discusses scoring instructions for each OV.

6. Chapter 2 discusses scoring instructions for each PRV.

7. The “empty box” refers to the top box in each series of boxes down the right side of each grid—or specifically, the box in which HO2, HO3, or HO4 does not appear.

8.Note that this is an abbreviated version of a sentencing grid; it is not a full grid.

9.Under MCL 771.14(2)(e), only the crime with the highest crime class needs to be scored unless consecutive sentencing is authorized or required. See Section 6.10(C) for a detailed discussion of PSIR requirements.