PARRIS N. GLENDENING, Governor Ch. 306

clarifying that a judge may allow pretrial release on either bail, certain conditions,
or both bail and certain conditions; requiring a judge to order continued detention
for these individuals under certain circumstances; and generally relating to criminal
procedure and pretrial release.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 616 1/2(l)
Annotated Code of Maryland
(1996 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

616 1/2.

(1) (1) IN ALL CRIMINAL CASES WHEN MAKING PRETRIAL RELEASE
DECISIONS, IN ADDITION TO THE FACTORS UNDER MARYLAND RULE 4-216(F) WHICH
MAY BE CONSIDERED, THE COURT OR DISTRICT COURT COMMISSIONER SHALL
CONSIDER WHETHER A DEFENDANT WILL FLEE OR POSE A DANGER TO ANOTHER
PERSON OR THE COMMUNITY.

(2) (1) A District Court commissioner may not authorize the release
pretrial of a defendant charged with a crime of violence under § 643B of this article [who
is on parole, probation, or mandatory supervision for an earlier crime of violence] IF THE
DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF A CRIME OF VIOLENCE AS
DEFINED UNDER § 643B OF THIS ARTICLE REGARDLESS OF WHETHER THE CRIME
OCCURRED IN THIS STATE OR ELSEWHERE.

[(2)] (3) (I) A judge may allow the release pretrial of a defendant
described in paragraph [(1)] (2) of this subsection pending trial on suitable:

1. SUITABLE bail [and] OR on any;

2. ANY other conditions that will reasonably assure that the
defendant will not flee or pose a danger to another person or the community; OR

3. BOTH BAIL AND OTHER CONDITIONS DESCRIBED UNDER
ITEM 2 OF THIS SUBPARAGRAPH.

(II) AFTER A DEFENDANT DESCRIBED IN PARAGRAPH (2) (1) OF
THIS SUBSECTION HAS BEEN PRESENTED TO THE COURT PURSUANT TO MARYLAND
RULE 4-216(G), THE JUDGE SHALL ORDER THE CONTINUED DETENTION OF THE
DEFENDANT IF THE JUDGE IS PERSUADED DETERMINES THAT NEITHER SUITABLE
BAIL NOR ANY CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY
ASSURE THAT THE DEFENDANT WILL NOT FLEE OR POSE A DANGER TO ANOTHER
PERSON OR THE COMMUNITY PRIOR TO THE TRIAL

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