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Session Laws, 1999
Volume 796, Page 3566   View pdf image
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PAROLE AS PROVIDED IN § 7-301(C) OR (D) OF THE CORRECTIONAL SERVICES
ARTICLE
, THE COURT SHALL STATE IN OPEN COURT THE MINIMUM TIME THE
DEFENDANT MUST SERVE FOR THE VIOLENT CRIME BEFORE BECOMING ELIGIBLE
FOR PAROLE.

(B) THE STATEMENT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION IS
FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE CONSIDERED A PART OF
THE SENTENCE.

(C) THE FAILURE OF A COURT TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION DOES NOT AFFECT THE LEGALITY OR EFFICACY OF THE SENTENCE
IMPOSED.

643C.

[(a) Nothing in this article may be construed to prohibit the use of judicial
guidelines in setting sentences.

(b) However, the guidelines may not:

(1) Prescribe a sentence exceeding the maximum sentence provided by

law; or

(2) Be used in violation of any mandatory minimum sentence prescribed

by law.]

(A) (1) IN A CASE IN A CIRCUIT COURT INVOLVING A CRIME SUBJECT TO
THE
SENTENCING GUIDELINES ESTABLISHED UNDER ARTICLE 41, TITLE 21 OF THIS
CODE, THE COURT SHALL
:

(I) HAVE PRESENTED TO IT THE APPROPRIATE SENTENCING
GUIDELINES WORKSHEET
; AND

(II) REVIEW AND CONSIDER THE SUITABILITY OF THE APPLICABLE
SENTENCING GUIDELINE
S.

(2) IT IS VOLUNTARY FOR THE COURT TO SENTENCE WITHIN THE
GUIDELINES.

(2) (3) THE COURT SHALL MAKE THE COMPLETED SENTENCING
GUIDELINES WORK
SHEET PART OF THE RECORD OF THE CASE.

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IN A
CASE IN A CIRCUIT COURT INVOLVING A CRIME
SUBJECT TO THE SENTENCING
GUIDELINES IN WHICH THE COURT IMPOSES A
SENTENCE EITHER GREATER OR
LESSER THAN THAT INDICATED IN THE GUIDELINES, THE COURT SHALL
FILE A
WRITTEN RECORD OF REASONS FOR THE DEPARTURE, USING THE FORM PROVIDED
WITH THE SENTENCING GUIDELINES WORKSHEET.

(2) A SENTENCE TO A CORRECTIONS OPTIONS PROGRAM THAT FALLS
WITHIN THE CORRECTIONS OPTIONS ZONE SHOWN ON A MATRIX SHALL CONSTITUTE
A
SENTENCE IN COMPLIANCE WITH THE GUIDELINES.

 

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Session Laws, 1999
Volume 796, Page 3566   View pdf image
 Jump to  
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