Does the judge have to follow the Sentencing Guidelines?
The court has sentencing discretion. While following the guidelines is expected, they are recommendations based on typical circumstances. A case that is not typical is reason for departure. If the court does depart, the judge must state the reasons for departure and either the prosecution or the defense may appeal the pronounced sentence. Regardless of whether the judge follows the guidelines, the sentence pronounced is fixed and there is no parole board to grant early release from prison. When an offender receives an executed (prison) sentence, the sentence pronounced by the court consists of two parts: a term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The amount of time the offender actually serves in prison may be extended by the Commissioner of Corrections if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result
