PARRIS N. GLENDENING, Governor

Ch. 563

(I) DEVELOP FOR EACH CRIMINAL OFFENSE A STANDARD RANGE
OF SENTENCES TO BE IMPOSED ON AND SERVED BY ORDINARY OFFENDERS IN
ORDINARY CASES, SUBJECT TO THE FOLLOWING:

1. STANDARD SENTENCE RANGES SHALL BE BASED ON THE
GRAVITY OF THE CONVICTION OFFENSE, WITH ADJUSTMENT FOR THE OFFENDER'S
CRIMINAL HISTORY;

2. THE BREADTH OF THE STANDARD SENTENCE RANGES
SHALL BE DEFINED SO AS TO AVOID UNWARRANTED DISPARITIES IN SENTENCES
AND TO PERMIT REASONABLY ACCURATE FORECASTS OF THE AGGREGATE OF
SENTENCING DECISIONS FOR PURPOSES OF CORRECTIONAL RESOURCE PLANNING;

3. EACH STANDARD SENTENCE RANGE SHALL SPECIFY THE
APPROPRIATE LEVEL OF SEVERITY OF SENTENCE AND THE PERMISSIBLE TYPES OF
SANCTIONS;

4. PERMISSIBLE TYPES OF SANCTIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO: TOTAL CONFINEMENT; INTERMITTENT CONFINEMENT; BOOT
CAMP OR SHOCK INCARCERATION; HOME DETENTION WITH OR WITHOUT
ELECTRONIC MONITORING; RESIDENTIAL OR OUTPATIENT DRUG AND ALCOHOL
TREATMENT WITH MANDATORY URINALYSIS; RESIDENTIAL WORK RELEASE; WORK
RELEASE WITH ELECTRONIC MONITORING; RESTITUTION CENTERS; DAY OR NIGHT
REPORTING CENTERS; ECONOMIC SANCTIONS, INCLUDING VICTIM RESTITUTION,
COMMUNITY SERVICE, AND DAY FINES; ACKNOWLEDGMENT SANCTIONS,
INCLUDING PAID NOTICES ANNOUNCING CONVICTIONS; INTENSIVE SUPERVISION,
SUPERVISED OR UNSUPERVISED PROBATION WITH OR WITHOUT CONDITIONS; AND

5. RESTITUTION TO VICTIMS, COMMUNITY SERVICES, OR
OTHER VICTIM COMPENSATION SHALL BE A PERMISSIBLE SANCTION IN ALL CASES;

(II) CLASSIFY EACH TYPE OF SANCTION ACCORDING TO ITS
RELATIVE LEVEL OF SEVERITY AND RELATIVE EMPHASIS ON THE GOALS OF
PUNISHMENT, GENERAL DETERRENCE, SPECIFIC DETERRENCE, REMEDIATION,
INCAPACITATION AND RESTITUTION TO FACILITATE THE IMPOSITION OF
COMPOSITE AND INDIVIDUALIZED SENTENCES;

(III) DEVELOP CRITERIA AND PROCEDURES FOR THE IMPOSITION
OF SENTENCES OUTSIDE THE STANDARD SENTENCE RANGES IN CASES WHERE
THERE ARE SUBSTANTIAL AND COMPELLING REASONS JUSTIFYING DEPARTURE.
SUCH CRITERIA SHALL INCLUDE:

1. AGGRAVATING FACTORS;

2. MITIGATING FACTORS;

3. TIME ELAPSED SINCE AN OFFENDER'S MOST RECENT
PRIOR CONVICTION OR RELEASE FROM PRISON;

4. ACKNOWLEDGMENT OF RESPONSIBILITY;

5. COOPERATION WITH THE PROSECUTION; AND

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