Ch. 563                                    1996 LAWS OF MARYLAND

1. ELEMENTS OF DETERMINANT SENTENCING THAT BRING
GREATER LEVELS OF RATIONALITY AND UNIFORMITY TO THE SENTENCING
PROCESS (SUCH AS PRESUMPTIVE OR ORDINARY SENTENCES); AND

2. ELEMENTS OF DISCRETIONARY SENTENCING THAT
ALLOW A JUDGE TO IMPOSE A SENTENCE THAT IS FAIR AND JUST UNDER THE
CIRCUMSTANCES OF A PARTICULAR CASE (SUCH AS THE ABILITY TO DEPART FROM
A PRESUMPTIVE OR ORDINARY SENTENCE UNDER CERTAIN SPECIFIED
CIRCUMSTANCES).

(II) "GUIDED DISCRETION SENTENCING GUIDELINES" DOES NOT
INCLUDE THE FEDERAL SENTENCING GUIDELINES OR ANY SIMILAR TYPE OF
MECHANICAL SENTENCING STRUCTURE

(8) "MANDATORY SUPERVISION" HAS THE MEANING STATED IN
ARTICLE 41. § 4-501(13) OF THE CODE.

(9) "PAROLE" HAS THE MEANING STATED IN ARTICLE 41, § 4-501(5) OF
THE CODE.

(B)     THERE IS A MARYLAND COMMISSION ON CRIMINAL SENTENCING
REFORM POLICY.

(C)     THE COMMISSION SHALL CONSIST OF 33 18 19 MEMBERS AS FOLLOWS:

(1)     A CHAIRPERSON, APPOINTED BY THE GOVERNOR;

(2)     THE CHIEF JUDGE OF THE MARYLAND COURT OF APPEALS OR A
DESIGNEE OF THE CHIEF JUDGE WHO IS A JUDGE OR FORMER JUDGE ON THE
MARYLAND COURT OF APPEALS OR THE MARYLAND COURT OF SPECIAL APPEALS;

(3)     TWO JUDGES ONE JUDGE OF THE CIRCUIT COURT OF MARYLAND,
APPOINTED BY THE GOVERNOR CHIEF JUDGE OF THE COURT OF APPEALS;

(4)     TWO JUDGES ONE JUDGE OF THE DISTRICT COURT OF MARYLAND,
APPOINTED BY THE GOVERNOR CHIEF JUDGE OF THE DISTRICT COURT COURT OF
APPEALS;

(5)     THE ATTORNEY GENERAL OR A DESIGNEE OF THE ATTORNEY
GENERAL;

(6)     TWO ONE STATE'S ATTORNEYS ATTORNEY WHO ARE IS
RECOMMENDED BY THE PRESIDENT OF THE MARYLAND STATE'S ATTORNEYS
ASSOCIATION, APPOINTED BY THE GOVERNOR;

(7)     THE MARYLAND PUBLIC DEFENDER OR A DESIGNEE OF THE PUBLIC
DEFENDER;

(8)     A CRIMINAL DEFENSE ATTORNEY WHO IS RECOMMENDED BY THE
PRESIDENT OF THE MARYLAND CRIMINAL DEFENSE LAWYERS ASSOCIATION,
APPOINTED BY THE GOVERNOR;

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