CHAPTER FIVE - DETERMINING THE SENTENCE


PART H - SPECIFIC OFFENDER CHARACTERISTICS


§5H1.3.     Mental and Emotional Conditions (Policy Statement) 

Mental and emotional conditions may be relevant in determining whether a departure is warranted, if such conditions, individually or in combination with other offender characteristics, are present to an unusual degree and distinguish the case from the typical cases covered by the guidelines.  See also Chapter Five, Part K, Subpart 2 (Other Grounds for Departure).

In certain cases a downward departure may be appropriate to accomplish a specific treatment purpose.  See §5C1.1, Application Note 6.

Mental and emotional conditions may be relevant in determining the conditions of probation or supervised release; e.g., participation in a mental health program (see §§5B1.3(d)(5) and 5D1.3(d)(5)).

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1991 (see Appendix C, amendment 386); November 1, 1997 (see Appendix C, amendment 569); November 1, 2004 (see Appendix C, amendment 674); November 1, 2010 (see Appendix C, amendment 739).