Ch. 421                                     1993 LAWS OF MARYLAND

Article 41 - Governor - Executive and Administrative Departments

4-609.

(a)     Whenever any court shall suspend the sentence of any person convicted of crime,
and shall direct such person, to continue, for a certain time, or until otherwise ordered, under
the supervision of the Division, it shall be the duty of the said Division to supervise, when so
requested by said court, the conduct of such person and to ascertain and report to said court
whether or not the conditions of such probation or suspension of sentence are being faithfully
complied with by such person.                                                                               

(b)      The parole and probation agents of the Division shall provide the judge of the
court with presentence reports or other investigations in all cases when requested by any judge.
The presentence reports are confidential and not available for public inspection' except upon
court order. However, presentence reports shall be made available, upon request, to the
defendant's attorney, the State's Attorney, a correctional institution, a parole or probation, or
pretrial release official of this State, any other state, the United States, or the District of
Columbia, and a public or private mental health facility in any of those jurisdictions, if the
individual who is the subject of the report has been committed or is being evaluated for
commitment to the facility for treatment as a condition of probation. The agents shall also
perform any other probationary services the judges may from time to time request...

(c)     (1) Prior to the sentence by the circuit court of any county to the jurisdiction of
the Division of Correction of a defendant convicted of a felony, or a misdemeanor which
resulted in serious physical injury or death to the victim, or the referral of any defendant to the
Patuxent Institution, the court may order the Division of Parole and Probation to complete a
presentence investigation if the court is satisfied that the investigation would help the
sentencing process. The burden of establishing that the presentence investigation should be
ordered is on the party that requests the investigation.

(2) (i) The presentence investigation shall include a victim impact statement,

if:                                                                                                                                                                                                 

1. The defendant, in committing a felony, caused physical,
psychological, or economic injury to the victim; or                                                           

2. The defendant, in committing a misdemeanor, caused serious
'physical injury or death to the victim.

(ii) If the court does not order a presentence investigation, the State's
Attorney may prepare a victim impact statement to be submitted to the court and the defendant
in accordance with the Maryland Rules of Procedure pertaining to presentence investigations.

(iii) The court shall consider the victim impact statement in determining
the appropriate sentence, and in entering any order of restitution to the victim under Article 27,
§ 640(c) of the Code.

(3) A victim impact statement shall:

(i) Identify the victim of the offense;

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