Legal Definitions - lateral departure

In criminal sentencing, a lateral departure refers to a judge imposing a sentence that differs from the recommended sentencing guidelines not primarily in its *length* (e.g., more or less time in prison), but in its *nature*, *type*, or *conditions*. Instead of simply adjusting the duration of a recommended punishment, the judge opts for a fundamentally different kind of penalty or set of requirements.

Here are some examples illustrating a lateral departure:

• Example 1: A defendant is convicted of a non-violent property crime. The sentencing guidelines recommend a period of probation with community service. However, the judge, citing the defendant's history of failing to comply with probation terms, imposes a sentence of six months in a halfway house followed by probation. This is a lateral departure because the judge changed the *type* of initial confinement from standard community supervision to a more structured residential program, rather than just increasing or decreasing the length of probation.

  Explanation: The guidelines suggested a non-custodial sentence (probation). The judge departed by imposing a period of semi-custodial confinement (halfway house) before probation, fundamentally altering the nature of the initial punishment.

• Example 2: For a particular drug offense, the sentencing guidelines suggest a prison term of 24-30 months. The judge, after considering the defendant's severe mental health issues and the availability of a specialized treatment facility, sentences the defendant to 18 months in a secure therapeutic drug rehabilitation center, followed by a period of supervised release. This constitutes a lateral departure.

  Explanation: The judge did not simply impose a shorter or longer prison sentence. Instead, they substituted a traditional prison sentence with a specialized therapeutic confinement, changing the *kind* of incarceration from punitive to rehabilitative in a structured setting.

• Example 3: A person is convicted of a white-collar crime, and the guidelines recommend a sentence of home confinement with electronic monitoring. The judge, however, believes the defendant poses a flight risk and imposes a sentence requiring the defendant to reside in a supervised community corrections center for a year, with strict reporting requirements and limited movement. This is a lateral departure.

  Explanation: The judge moved from a less restrictive form of confinement (home confinement) to a more restrictive, institution-based form of community supervision (community corrections center), altering the *conditions* and *nature* of the defendant's liberty during the sentence.