reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 1 - Trial › Section 6-106 - Rights of Victim or Victim's Representative

(a)    Before a hearing under § 6-105 of this subtitle, the victim or victim’s representative shall be notified as provided under § 11-104 or § 11-503 of this article.
(b)    A victim or victim’s representative has the right to attend a hearing under § 6-105 of this subtitle as provided under § 11-102 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-202 - Statement of Intent

The General Assembly intends that:
(1)    sentencing should be fair and proportional and that sentencing policies should reduce unwarranted disparity, including any racial disparity, in sentences for criminals who have committed similar crimes and have similar criminal histories;
(2)    sentencing policies should help citizens to understand how long a criminal will be confined;
(3)    sentencing policies should preserve meaningful judicial discretion and sufficient flexibility to allow individualized sentences;
(4)    sentencing guidelines be voluntary;
(5)    the priority for the capacity and use of correctional facilities should be the confinement of violent and career criminals; and
(6)    sentencing judges in the State should be able to impose the most appropriate criminal penalties, including corrections options programs for appropriate criminals.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-204 - Membership

(a)    The Commission consists of the following 19 members:
(1)    a chairman, appointed by the Governor;
(2)    (i)    the Chief Judge of the Court of Appeals; or
(ii)    a judge or former judge of the Court of Appeals or the Court of Special Appeals designated by the Chief Judge of the Court of Appeals;
(3)    one circuit court judge, appointed by the Chief Judge of the Court of Appeals;
(4)    one District Court judge, appointed by the Chief Judge of the Court of Appeals;
(5)    the Attorney General or the Attorney General’s designee;
(6)    one State’s Attorney who is recommended by the President of the Maryland State’s Attorneys Association, appointed by the Governor;
(7)    the Public Defender or the Public Defender’s designee;
(8)    a criminal defense attorney who is recommended by the President of the Maryland Criminal Defense Attorneys Association, appointed by the Governor;
(9)    two members of the State Senate, including at least one member of the Senate Judicial Proceedings Committee, appointed by the President of the Senate;
(10)    two members of the House of Delegates, including at least one member of the House Judiciary Committee, appointed by the Speaker of the House;
(11)    the Secretary of the Department or the Secretary’s designee;
(12)    one representative from a victims’ advocacy group, appointed by the Governor;
(13)    one representative from law enforcement, appointed by the Governor;
(14)    one member with a background in criminal justice or corrections policy who is a recognized expert in the field and who is appointed by the Governor;
(15)    one representative of local correctional facilities, appointed by the Governor; and
(16)    two representatives of the public, appointed by the Governor.
(b)    (1)    The term of an appointed member is 4 years.
(2)    The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2001.
(3)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-205 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the authorized membership of the Commission is a quorum.
(b)    (1)    The Commission shall meet quarterly at the times and places that it determines.
(2)    The Commission may hold additional meetings at the call of the chairman or any six members of the Commission after giving proper notice in the manner provided in the rules of the Commission.
(c)    A member of the Commission:
(1)    may not receive compensation for serving on the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The chairman may select a staff in accordance with the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-206 - Miscellaneous Powers and Duties

(a)    In addition to any other powers set forth elsewhere, the Commission may:
(1)    establish subcommittees or advisory committees composed of Commission members to accomplish the duties imposed under this section;
(2)    require each State unit and local government unit to give information to the Commission on request; and
(3)    apply for, accept, and use grants or financial or other aid from a public or private source to accomplish the duties established in this part.
(b)    At least annually, the Commission shall hold a hearing for public comments about the issues that are being studied by the Commission.
(c)    (1)    The Commission may adopt rules governing the administration and proceedings of the Commission.
(2)    A change to the sentencing guidelines requires adoption by a majority of the total number of members of the Commission.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-208 - Sentencing Guidelines

(a)    (1)    The Commission shall adopt sentencing guidelines that the Commission may change.
(2)    The sentencing guidelines shall include sentencing guidelines for ordinary sentences and sentencing guidelines for corrections options.
(b)    The sentencing guidelines for ordinary sentences shall call for sentences within the limits set by law and shall set forth:
(1)    the range of sentences for crimes of a given degree of seriousness;
(2)    a range of increased severity for defendants previously convicted of or adjudicated delinquent for a previous crime; and
(3)    a list of aggravating and mitigating circumstances.
(c)    The sentencing guidelines for corrections options shall be designed to identify defendants qualified for corrections options programs.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-209 - Annual Report. [Effective Until October 1, 2025]

(a)    The Commission shall review annually sentencing policy and practice and, on or before January 31 of each year, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the preceding calendar year.
(b)    (1)    The report shall:
(i)    include any changes to the sentencing guidelines made during the preceding year;
(ii)    review judicial compliance with the sentencing guidelines, including compliance by crime and by judicial circuit;
(iii)    review reductions or increases in original sentences that have occurred because of reconsiderations of sentences imposed under § 14–101 of the Criminal Law Article; and
(iv)    categorize information on the number of reconsiderations of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial circuit.
(2)    The Commission shall consider a sentence to a corrections options program to be within the sentencing guidelines if the sentence falls within a corrections options zone shown on the matrix.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-210 - Collecting Guidelines Worksheets and Monitoring of Practice

The Commission shall:
(1)    collect sentencing guidelines worksheets and automate the information with the help of the Administrative Office of the Courts; and
(2)    monitor sentencing practice and adopt changes to the sentencing guideline matrices consistent with the intent of this part.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-211 - Adoption of Voluntary Guidelines

(a)    Subject to subsection (b) of this section, the Commission shall adopt as regulations sentencing guidelines and any changes to those sentencing guidelines, subject to Title 10, Subtitle 1 of the State Government Article.
(b)    Regulations adopted under subsection (a) of this section are voluntary sentencing guidelines that a court need not follow.
(c)    A change to the sentencing guidelines takes effect on the day that the regulation takes effect as provided under Title 10, Subtitle 1 of the State Government Article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-212 - Training, Operations, and Information

The Commission shall:
(1)    hold training and orientation programs for trial court judges, attorneys, probation officers, and other interested parties as required;
(2)    consult with the General Assembly about carrying out, managing, maintaining, and operating the sentencing guidelines system; and
(3)    prepare statements containing fiscal and statistical information on proposed legislation affecting sentencing and corrections practice.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-213 - Use of Correctional Population Simulation Model

(a)    The Commission shall use a correctional population simulation model to help determine the State and local correctional resources that:
(1)    are required under current laws, policies, and practices relating to sentencing, parole, and mandatory supervision; and
(2)    would be required to carry out future Commission recommendations for legislation or changes to the sentencing guidelines.
(b)    If the recommendations of the Commission for changes in legislation would result in State and local inmate populations exceeding the operating capacities of available facilities, the Commission shall present additional sentencing model alternatives consistent with these capacities.
(c)    In second priority to the work of the Commission, the Commission shall make the model available on request from any member of the General Assembly or the Secretary.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part I - State Commission on Criminal Sentencing Policy › Section 6-214 - Sentencing Guidelines Worksheet Entry Location for Certain Economic Crimes Information

The Commission shall include an entry location on a sentencing guidelines worksheet for a court, in reporting on crimes involving theft and related crimes under Title 7 of the Criminal Law Article or fraud and related crimes under Title 8 of the Criminal Law Article, to report the specific dollar amount, when available, of the economic loss to the victim.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-216 - Judicial Sentencing Guidelines

(a)    (1)    A circuit court shall consider:
(i)    the sentencing guidelines for ordinary sentences in deciding on the proper sentence; and
(ii)    the sentencing guidelines for corrections options in deciding whether to sentence a defendant to a corrections options program or to impose an ordinary sentence.
(2)    In deciding whether to sentence a defendant to a corrections options program, the court primarily shall consider the public safety.
(b)    The sentencing guidelines may not:
(1)    allow for a sentence exceeding the maximum sentence provided by law; or
(2)    be used in violation of any mandatory minimum sentence required by law.
(c)    (1)    If a court prepares a Maryland sentencing guidelines worksheet, the clerk of court shall deliver a copy of the Maryland sentencing guidelines worksheet to the unit that has been ordered by the court to retain custody of the defendant.
(2)    The copy shall be delivered with the commitment order or as soon as practicable after issuance of the commitment order.
(3)    The Parole Commission shall review a Maryland sentencing guidelines worksheet to ensure compliance with the requirements of Title 7 of the Correctional Services Article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-217 - Announcement of Minimum Confinement for Violent Crime

(a)    When a sentence of confinement that is to be served is imposed for a violent crime as defined in § 7–101 of the Correctional Services Article for which a defendant will be eligible for parole under § 7–301(c) or (d) of the Correctional Services Article, the court shall state in open court the minimum time the defendant must serve before becoming eligible for parole and before becoming eligible for conditional release under mandatory supervision under § 7–501 of the Correctional Services Article.
(b)    The statement required by subsection (a) of this section is for information only and is not a part of the sentence.
(c)    The failure of a court to comply with subsection (a) of this section does not affect the legality or efficacy of the sentence.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-218 - Credit Against Sentence for Time Spent in Custody

(a)    This section does not apply to a parolee who is returned to the custody of the Division of Correction because of a subsequent crime and is confined before being sentenced for the subsequent crime.
(b)    (1)    A defendant who is convicted and sentenced shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in the custody of a correctional facility, hospital, facility for persons with mental disorders, or other unit because of:
(i)    the charge for which the sentence is imposed; or
(ii)    the conduct on which the charge is based.
(2)    If a defendant is in custody because of a charge that results in a dismissal or acquittal, the time that would have been credited if a sentence had been imposed shall be credited against any sentence that is based on a charge for which a warrant or commitment was filed during that custody.
(3)    In a case other than a case described in paragraph (2) of this subsection, the sentencing court may apply credit against a sentence for time spent in custody for another charge or crime.
(c)    A defendant whose sentence is set aside because of a direct or collateral attack and who is reprosecuted or resentenced for the same crime or for another crime based on the same transaction shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in custody under the prior sentence, including credit applied against the prior sentence in accordance with subsection (b) of this section.
(d)    A defendant who is serving multiple sentences, one of which is set aside as the result of a direct or collateral attack, shall receive credit against and a reduction of the remaining term of a definite or life sentence, or the remaining minimum and maximum terms of an indeterminate sentence, for all time spent in custody under the sentence set aside, including credit applied against the sentence set aside in accordance with subsection (b) of this section.
(e)    (1)    The court shall award the credit required by this section at the time of sentencing.
(2)    After having communicated with the parties, the court shall tell the defendant and shall state on the record the amount of the credit and the facts on which the credit is based.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-219 - Suspension of Sentence and Other Conditions Placed on Sentence

(a)    In this section, “custodial confinement” means:
(1)    home detention;
(2)    a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or
(3)    inpatient drug or alcohol treatment.
(b)    Subject to subsection (c) of this section, a court:
(1)    may suspend a sentence generally or for a definite time;
(2)    may pass orders and impose terms as to costs, recognizance for appearance, or matters relating to the residence or conduct of the defendant who is convicted as may be deemed proper;
(3)    may order confinement in any care or custody as may be deemed proper; or
(4)    may order a person to a term of custodial confinement as a condition of a suspended sentence.
(c)    (1)    If the court places on probation a defendant who has been convicted of a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, the court shall require as a condition that the defendant participate in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.
(2)    If the court places on probation a defendant who has been convicted of a violation of any provision of Title 5 of the Criminal Law Article, the court shall require as a condition that the defendant participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.
(d)    The court may impose a sentence of imprisonment as a condition of probation.
(e)    In Prince George’s County, the court on conviction may sentence a defendant to the local correctional facility, if:
(1)    the sentence is to be performed during any 48–hour period in a 7–day period, with each period of confinement to be not less than 2 days of the sentence imposed;
(2)    the crime leading to the conviction allows confinement in the local correctional facility; and
(3)    the total sentence does not exceed 30 2–day periods of confinement.
(f)    If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-222 - Limits on Probation After Judgment; Extension for Restitution

(a)    A circuit court or the District Court may:
(1)    impose a sentence for a specified time and provide that a lesser time be served in confinement;
(2)    suspend the remainder of the sentence; and
(3)    (i)    order probation for a time longer than the sentence but, subject to subsections (b) and (c) of this section, not longer than:
1.    5 years if the probation is ordered by a circuit court; or
2.    3 years if the probation is ordered by the District Court; or
(ii)    if a defendant convicted of sexual abuse of a minor under § 3–602 of the Criminal Law Article, a crime involving a minor under § 3–303, § 3–304, or § 3–307 of the Criminal Law Article, or a crime involving a minor under § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017, consents in writing, order probation for a time longer than the sentence that was imposed on the defendant, but not longer than:
1.    10 years if the probation is ordered by a circuit court; or
2.    6 years if the probation is ordered by the District Court.
(b)    (1)    For the purpose of making restitution, the court may extend the probation beyond the time allowed under subsection (a)(3)(i) of this section for:
(i)    an additional 5 years if the probation is ordered by a circuit court; or
(ii)    an additional 3 years if the probation is ordered by the District Court.
(2)    An extension of probation under this subsection may be unsupervised or supervised by the Division of Parole and Probation.
(c)    The court may extend the probation beyond the time allowed under subsection (b) of this section if:
(1)    the defendant consents in writing; and
(2)    the extension is only for making restitution.
(d)    (1)    For the purpose of a commitment to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article, the court may extend the probation for 1 year beyond the time allowed under subsection (a)(3)(i) of this section.
(2)    An extension of probation under this subsection shall be supervised by the Division of Parole and Probation.
(e)    The court may extend the probation beyond the time allowed under subsection (d) of this section only if:
(1)    the defendant consents in writing; and
(2)    the extension is only for a commitment to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-225 - Conditions of Probation After Judgment

(a)    (1)    In this section, “custodial confinement” means:
(i)    home detention;
(ii)    a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or
(iii)    inpatient drug or alcohol treatment.
(2)    “Custodial confinement” does not include imprisonment.
(b)    (1)    (i)    Probation may be granted whether the crime is punishable by fine or imprisonment or both.
(ii)    If the crime is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to the imprisonment.
(iii)    Probation may be limited to one or more counts or indictments but, in the absence of express limitation, extends to the entire sentence and judgment.
(iv)    The court may revoke or modify a condition of probation or may reduce the period of probation.
(v)    As a condition of probation, the court may order a defendant to a term of custodial confinement.
(2)    If a sentence of imprisonment is imposed and a part of it is suspended with the defendant placed on probation, the court may impose as a condition of probation that the probation begin on the day the defendant is released from imprisonment.
(c)    If the court places on probation a defendant who has been convicted of a violation of any provision of Title 5 of the Criminal Law Article, the court shall require as a condition that the defendant participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.
(d)    The court may impose a sentence of custodial confinement or imprisonment as a condition of probation.
(e)    If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-230 - Orders Striking Entry of Judgment; When Prohibited

(a)    (1)    Except as provided in subsection (d) of this section, this subsection shall apply in any case where the court agrees that, on successful completion of any treatment ordered as a condition of probation under § 6–219 of this subtitle, the court will enter an order striking the entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.
(2)    On notification to the court by the Division of Parole and Probation that the defendant has successfully completed the treatment as ordered in a proceeding under paragraph (1) of this subsection, the court shall, except as provided in subsection (d) of this section and notwithstanding any other provision of law or rule to the contrary, enter an order striking entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.
(b)    (1)    Except as provided in subsection (d) of this section, in all other cases, on the successful completion by a defendant of any treatment ordered as a condition of probation imposed under § 6–219 of this subtitle, the Division of Parole and Probation shall notify the court that issued the order and the Office of the State’s Attorney in that jurisdiction.
(2)    Except as provided in subsection (d) of this section, notwithstanding any other provision of law or rule to the contrary, unless the State’s Attorney files an objection within 30 days after receipt of the notice, the court may enter an order striking the entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.
(3)    If the State’s Attorney files a timely objection, the court shall hold a hearing and may, unless good cause is found to the contrary, enter the order.
(c)    Any probation before judgment entered in accordance with this section shall be supervised by the Division of Parole and Probation for the term and under the conditions that the court considers appropriate.
(d)    Under this section, a court may not strike the entry of judgment and defer further proceedings in accordance with § 6–220 of this subtitle or stay the entering of a judgment and place a defendant on probation for a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article if, within the preceding 10 years, the defendant:
(1)    has been convicted under § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article; or
(2)    has been placed on probation in accordance with § 6–220 of this subtitle, after being charged with a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-231 - Considerations and Findings Prior to Revocation of Probation

Before the revocation of any probation ordered under this title, and in addition to any other factors the court considers in connection with the determination of an appropriate sentence, the court shall:
(1)    consider any evaluation or recommendation of any health professional licensed under the Health Occupations Article;
(2)    consider relevant information about the defendant’s drug or alcohol abuse; and
(3)    make a finding on the record as to the defendant’s amenability to treatment and the interest of justice.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-232 - Notice to Defendant Regarding Expungement of Record

(a)    In a criminal case, when all of the charges against the defendant are disposed of by acquittal, dismissal, probation before judgment, nolle prosequi, or stet, the court shall advise the defendant that the defendant may be entitled to expunge the records and any DNA sample and DNA record relating to the charge or charges against the defendant in accordance with Title 10, Subtitle 1 of this article and Title 2, Subtitle 5 of the Public Safety Article.
(b)    The failure of a court to comply with subsection (a) of this section does not affect the legality or efficacy of the sentence or disposition of the case.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-233 - Domestically Related Crimes

(a)    In this section, “domestically related crime” means a crime committed by a defendant against a victim who is a person eligible for relief, as defined in § 4–501 of the Family Law Article, or who had a sexual relationship with the defendant within 12 months before the commission of the crime.
(b)    (1)    If a defendant is convicted of or receives a probation before judgment disposition for a crime, on request of the State’s Attorney, the court shall make a finding of fact, based on evidence produced at trial, as to whether the crime is a domestically related crime.
(2)    The State has the burden of proving by a preponderance of the evidence that the crime is a domestically related crime.
(c)    If the court finds that the crime is a domestically related crime under subsection (b) of this section, that finding shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository under § 10–215 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-235 - Sentencing a Minor Convicted as an Adult -- Less Than Minimum Term -- Life Imprisonment Without Parole Prohibited

Notwithstanding any other provision of law, when sentencing a minor convicted as an adult, a court:
(1)    may impose a sentence less than the minimum term required under law; and
(2)    may not impose a sentence of life imprisonment without the possibility of parole or release.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 2 - Sentencing › Part II - Sentencing Procedures › Section 6-236 - Jobs Court Pilot Program -- Purpose -- Implementation and Monitoring Plan. [Effective Until July 1, 2028]

** TAKES EFFECT JULY 1, 2023 PER CHAPTERS 521 AND 522 OF 2022 **
// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTERS 521 AND 522 OF 2022 //
(a)    There is a Jobs Court Pilot Program in the District Court sitting in Baltimore City.
(b)    The purpose of the pilot program is to reduce recidivism by offering defendants an opportunity to participate in full–time job training and job placement programs as a condition of probation, an alternative to incarceration, or a condition of pretrial release.
(c)    To accomplish the purpose of the pilot program, the Administrative Office of the Courts shall develop a plan to implement and monitor the pilot program.
(d)    On or before June 30, 2027, the Administrative Office of the Courts, in consultation with the Baltimore Workforce Development Board, shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the pilot program.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-102 - Right to Begin Proceeding

(a)    Subject to subsection (b) of this section, §§ 7-103 and 7-104 of this subtitle and Subtitle 2 of this title, a convicted person may begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time if the person claims that:
(1)    the sentence or judgment was imposed in violation of the Constitution of the United States or the Constitution or laws of the State;
(2)    the court lacked jurisdiction to impose the sentence;
(3)    the sentence exceeds the maximum allowed by law; or
(4)    the sentence is otherwise subject to collateral attack on a ground of alleged error that would otherwise be available under a writ of habeas corpus, writ of coram nobis, or other common law or statutory remedy.
(b)    A person may begin a proceeding under this title if:
(1)    the person seeks to set aside or correct the judgment or sentence; and
(2)    the alleged error has not been previously and finally litigated or waived in the proceeding resulting in the conviction or in any other proceeding that the person has taken to secure relief from the person’s conviction.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-103 - Number and Time of Filing of Petitions

(a)    For each trial or sentence, a person may file only one petition for relief under this title.
(b)    Unless extraordinary cause is shown, a petition under this subtitle may not be filed more than 10 years after the sentence was imposed.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-105 - Victim's and Representative's Rights of Notice and Attendance

(a)    Before a hearing is held on a petition filed under this title, the victim or victim’s representative shall be notified of the hearing as provided under § 11-104 or § 11-503 of this article.
(b)    A victim or victim’s representative is entitled to attend any hearing under this title as provided under § 11-102 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-106 - Allegation of Error

(a)    For the purposes of this title, an allegation of error is finally litigated when:
(1)    an appellate court of the State decides on the merits of the allegation:
(i)    on direct appeal; or
(ii)    on any consideration of an application for leave to appeal filed under § 7-109 of this subtitle; or
(2)    a court of original jurisdiction, after a full and fair hearing, decides on the merits of the allegation in a petition for a writ of habeas corpus or a writ of error coram nobis, unless the decision on the merits of the petition is clearly erroneous.
(b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, an allegation of error is waived when a petitioner could have made but intelligently and knowingly failed to make the allegation:
1.    before trial;
2.    at trial;
3.    on direct appeal, whether or not the petitioner took an appeal;
4.    in an application for leave to appeal a conviction based on a guilty plea;
5.    in a habeas corpus or coram nobis proceeding began by the petitioner;
6.    in a prior petition under this subtitle; or
7.    in any other proceeding that the petitioner began.
(ii)    1.    Failure to make an allegation of error shall be excused if special circumstances exist.
2.    The petitioner has the burden of proving that special circumstances exist.
(2)    When a petitioner could have made an allegation of error at a proceeding set forth in paragraph (1)(i) of this subsection but did not make an allegation of error, there is a rebuttable presumption that the petitioner intelligently and knowingly failed to make the allegation.
(c)    (1)    This subsection applies after a decision on the merits of an allegation of error or after a proceeding in which an allegation of error may have been waived.
(2)    Notwithstanding any other provision of this title, an allegation of error may not be considered to have been finally litigated or waived under this title if a court whose decisions are binding on the lower courts of the State holds that:
(i)    the Constitution of the United States or the Maryland Constitution imposes on State criminal proceedings a procedural or substantive standard not previously recognized; and
(ii)    the standard is intended to be applied retrospectively and would thereby affect the validity of the petitioner’s conviction or sentence.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-107 - Effect of Postconviction Remedy on Trial Proceedings and Appeals

(a)    The remedy provided under this title is not a substitute for and does not affect any remedy that is incident to the proceedings in the trial court or any remedy of direct review of the sentence or conviction.
(b)    (1)    In a case in which a person challenges the validity of confinement under a sentence of imprisonment by seeking the writ of habeas corpus or the writ of coram nobis or by invoking a common law or statutory remedy other than this title, a person may not appeal to the Court of Appeals or the Court of Special Appeals.
(2)    This subtitle does not bar an appeal to the Court of Special Appeals:
(i)    in a habeas corpus proceeding begun under § 9–110 of this article; or
(ii)    in any other proceeding in which a writ of habeas corpus is sought for a purpose other than to challenge the legality of a conviction of a crime or sentence of imprisonment for the conviction of the crime, including confinement as a result of a proceeding under Title 4 of the Correctional Services Article.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-108 - Right to Counsel and Hearing

(a)    Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
(b)    (1)    If a person seeks to reopen a postconviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2)    If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:
(i)    appoint counsel;
(ii)    hold a hearing; or
(iii)    act on the petition.
2023 Maryland Statutes › Criminal Procedure › Title 7 - Uniform Postconviction Procedure Act › Subtitle 1 - In General › Section 7-109 - Appeal of Final Order

(a)    Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Court of Special Appeals for leave to appeal the order.
(b)    (1)    The application for leave to appeal shall be in the form set by the Maryland Rules.
(2)    If the Attorney General or a State’s Attorney states an intention to file an application for an appeal under this section, the court may:
(i)    stay the order; and
(ii)    set bail for the petitioner.
(3)    If the application for leave to appeal is granted:
(i)    the procedure for the appeal shall meet the requirements of the Maryland Rules; and
(ii)    the Court of Special Appeals may:
1.    affirm, reverse, or modify the order appealed from; or
2.    remand the case for further proceedings.
(4)    If the application for leave to appeal is denied, the order sought to be reviewed becomes final.
(c)    The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:
(1)    a person seeks a review under this section within 30 days after judgment;
(2)    the Court of Special Appeals grants leave to appeal under this section; and
(3)    the Court of Special Appeals finds that the person is unable to pay the costs of the review.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-101 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Review panel” means a group of three or more circuit court judges who conduct a review proceeding in connection with an application for a review of a sentence under this subtitle.
(c)    “Sentencing court” means the court in which the sentencing judge imposed the sentence or required that a sentence that was wholly or partly suspended be served.
(d)    “Sentencing judge” means the judge who imposed a sentence or who required that a sentence that was wholly or partly suspended be served.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-102 - Right to Sentence Review

(a)    Except as provided in subsection (b) of this section, a person convicted of a crime by a circuit court and sentenced to serve a sentence that exceeds 2 years in a correctional facility is entitled to a single sentence review by a review panel.
(b)    A person is not entitled:
(1)    to a sentence review if the sentence was imposed by more than one circuit court judge; or
(2)    to a review of an order requiring a suspended part of a sentence to be served if:
(i)    the sentence originally was wholly or partly suspended;
(ii)    the sentence was reviewed; and
(iii)    the suspended sentence or suspended part of that sentence later was required to be served.
(c)    For purposes of this subtitle, a sentence that exceeds 2 years is a sentence in which the total period of the sentence and any unserved time of a prior or simultaneous sentence exceeds 2 years, including:
(1)    a sentence imposed by a circuit court;
(2)    a requirement by a circuit court that all or part of a suspended sentence be served; and
(3)    a prior or simultaneous sentence, suspended or not suspended, that has been imposed by a court or other authority of the State or of another jurisdiction.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-103 - Right to Counsel

(a)    A person entitled to file an application for a sentence review under this subtitle has the right to be represented by counsel:
(1)    to determine whether to seek a sentence review; and
(2)    to file an application for a sentence review.
(b)    The counsel representing a person for a sentence review may be:
(1)    retained by a person who is entitled to file an application for review under this subtitle;
(2)    appointed by the sentencing judge; or
(3)    provided under Title 16 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-104 - Filing of Application for Review

(a)    The filing of an application for sentence review under this subtitle does not:
(1)    stay the execution of the sentence;
(2)    affect the time allowed to file an appeal or a motion for a new trial; or
(3)    affect the power of the sentencing judge to change the sentence to the extent allowed by the Maryland Rules.
(b)    After an application is filed, the sentencing judge may grant a stay of the execution of the sentence pending a decision under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-105 - Review Panel

(a)    A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located.
(b)    Notwithstanding any Maryland Rule, the sentencing judge may not be a member of the review panel, but on request of the sentencing judge, the sentencing judge may sit with the review panel only in an advisory capacity.
(c)    (1)    A review panel shall consider each application for review of a sentence.
(2)    A review panel may require the Division of Parole and Probation to make investigations, reports, and recommendations.
(3)    A review panel:
(i)    with or without a hearing, may decide that the sentence under review should remain unchanged; or
(ii)    after a hearing, may order a different sentence to be imposed or served, including:
1.    an increased sentence;
2.    subject to § 8-107(c) of this subtitle, a decreased sentence;
3.    a suspended sentence to be served wholly or partly; or
4.    a sentence to be suspended with or without probation.
(4)    In deciding to order a different sentence, the review panel may impose conditions that the review panel considers just and that could have been imposed lawfully by the sentencing court when the sentence was imposed.
(d)    If the review panel orders a different sentence, the review panel shall resentence and notify the defendant in accordance with the order of the panel.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-106 - Rights to Notice of and Appearance at Hearing

(a)    A review panel may increase, modify, or reduce a sentence only after notice to each party and notice to any victim or victim’s representative as provided under § 11-104 or § 11-503 of this article.
(b)    Before changing a sentence, a review panel shall allow:
(1)    each party to be heard at the hearing; and
(2)    the victim or victim’s representative to attend the hearing, as provided by § 11-102 of this article, and to address the review panel, as provided by § 11-403 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 1 - In General › Section 8-107 - Rules for Decision Making

(a)    Except as provided in subsection (c) of this section, a majority of the members of the review panel is necessary to make a decision.
(b)    The review panel shall make the decision within 30 days after the filing date of the application for review.
(c)    A review panel may not order a decrease in a mandatory minimum sentence unless the decision of the review panel is unanimous.
(d)    A review panel shall consider time served on the sentence under review to be time served on any sentence that is substituted.