PARRIS N. GLENDENING, Governor                            S.B. 222

SENTENCING, PAROLE, AND MANDATORY SUPERVISION AND THOSE RESOURCES

THAT WOULD BE REQUIRED TO IMPLEMENT THE COMMISSION'S

RECOMMENDATIONS.

(II) THE COMMISSION SHALL APPLY THE MODEL TO A GIVEN FACT
SITUATION OR THEORETICAL CHANGE IN THE SENTENCING LAWS OR POLICIES
WHEN REQUESTED TO DO SO BY THE CHAIRPERSON OR THE COMMISSION AS A
WHOLE.

(III) THE CHAIRPERSON SHALL MAKE THE MODEL AVAILABLE TO
RESPOND TO ANY INQUIRY FROM A STATE LEGISLATOR OR FROM THE SECRETARY
OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES.

(3) THE COMMISSION SHALL DEVELOP AND RECOMMEND A
STRUCTURED SENTENCING MODEL CONSISTENT WITH THE POLICY GOALS AND
OBJECTIVES PROVIDED IN SUBSECTION (F) OF THIS SECTION FOR USE BY
SENTENCING COURTS AND CORRECTIONAL AGENCIES IN DETERMINING THE MOST
APPROPRIATE SENTENCE TO BE IMPOSED ON A CRIMINAL OFFENDER. IN
DEVELOPING THE STRUCTURED SENTENCING MODEL, THE COMMISSION SHALL:

(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 Tim 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
- 3949 -