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Session Laws, 1999
Volume 796, Page 4089   View pdf image
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(C) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION
; THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY
DEFENDANTS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN CORRECTIONS
OPTIONS PROGRAMS.

(2) THE GUIDELINES MAY NOT ALLOW A DEFENDANT CONVICTED OF A
VIOLENT CRIME, AS DEFINED IN § 4-501(12) OF THIS ARTICLE. TO PARTICIPATE IN
CORRECTIONS OPTIONS PROGRAMS.

(2) (3) (2) THE GUIDELINES FOR CORRECTIONS OPTIONS SHALL BE
CONSIDERED BY THE SENTENCING COURT IN DETERMINING WHETHER TO
SENTENCE A DEFENDANT TO CORRECTIONS OPTIONS OR THE ORDINARY SENTENCE
OTHERWISE CALLED FOR BY THE SENTENCING GUIDELINES.

(3) (4) (3) IN DECIDING WHETHER TO SENTENCE A DEFENDANT TO
CORRECTIONS OPTIONS, THE SENTENCING COURT SHALL GIVE PRIMARY
CONSIDERATION TO PROTECTION OF PUBLIC SAFETY.

(D) (1) THE COMMISSION SHALL UNDERTAKE AN ANNUAL REVIEW OF
SENTENCING POLICY AND PRACTICE AND MAKE A REPORT TO THE GENERAL
ASSEMBLY IN ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE ON
OR BEFORE DECEMBER 1 OF EACH YEAR

(2) THE ANNUAL REPORT SHALL INCLUDE ANY CHANGES TO THE
GUIDELINES MADE DURING THE PRECEDING YEAR

(3) (I) THE ANNUAL REPORT SHALL REVIEW JUDICIAL COMPLIANCE
WITH THE GUIDELINES, INCLUDING COMPLIANCE BY OFFENSE AND BY JUDICIAL
CIRCUIT.

(II) IN DETERMINING WHETHER A SENTENCE IS WITHIN THE
GUIDELINES, THE COMMISSION SHALL CONSIDER A SENTENCE TO A CORRECTIONS
OPTIONS PROGRAM AS BEING WITHIN THE GUIDELINES IF THE SENTENCE FALLS
WITHIN A CORRECTIONS OPTIONS ZONE SHOWN ON THE MATRIX.

(E) (1) THE COMMISSION SHALL COLLECT SENTENCING GUIDELINES
WORKSHEETS AND AUTOMATE THE INFORMATION WITH THE ASSISTANCE OF THE
ADMINISTRATIVE OFFICE OF THE COURTS.

(2) EACH YEAR, THE COMMISSION SHALL COMPILE THE FOLLOWING
INFORMATION ON EACH CIRCUIT COURT JUDGE:

(I) THE WRITTEN EXPLANATION SUBMITTED BY EACH JUDGE
REGARDING THE JUDGE'S DEPARTURE FROM THE SENTENCING GUIDELINES; AND

(II) THE NUMBER OF TIMES AND THE PERCENTAGE OF TIMES THAT
THE SENTENCE IMPOSED:

1. WAS BELOW THE SENTENCING GUIDELINES;

2. WAS ABOVE THE SENTENCING GUIDELINES;

 

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Session Laws, 1999
Volume 796, Page 4089   View pdf image
 Jump to  
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