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Session Laws, 1999
Volume 796, Page 3572   View pdf image
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(2) RECOMMENDATIONS OF THE MARYLAND CRIMINAL

SENTENCING POLICY COMMISSION CONCERNING THE SENTENCING GUIDELINES.

(B) THE SENTENCING GUIDELINES SHALL:

(1) SPECIFY THE RANGE OF SENTENCES APPLICABLE TO CRIMES OF A
GIVEN DEGREE OF SERIOUSNESS;

(2) SPECIFY A RANGE OF INCREASED SEVERITY FOR DEFENDANTS
PREVIOUSLY CONVICTED OF OR ADJUDICATED DELINQUENT FOR ONE OR MORE
CRIMES BEFORE THE CURRENT OFFENSE; AND

(3) PROVIDE A LIST OF AGGRAVATING OR MITIGATING CIRCUMSTANCES.

(C) (1) THE COMMISSION SHALL ADOPT GUIDELINES TO IDENTIFY
DEFENDANTS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN CORRECTIONS
OPTIONS PROGRAMS.

(2) THE GUIDELINES FOR CORRECTIONS OPTIONS SHALL BE
CONSIDERED BY THE SENTENCING COURT IN DETERMINING WHETHER TO
SENTENCE A DEFENDANT TO CORRECTIONS OPTIONS OR THE ORDINARY SENTENCE
OTHERWISE CALLED FOR BY THE SENTENCING GUIDELINES.

(3) IN DECIDING WHETHER TO SENTENCE A DEFENDANT TO
CORRECTIONS OPTIONS, THE SENTENCING COURT SHALL GIVE PRIMARY
CONSIDERATION TO PROTECTION OF PUBLIC SAFETY.

(D) (1) THE COMMISSION SHALL UNDERTAKE AN ANNUAL REVIEW OF
SENTENCING POLICY AND PRACTICE AND MAKE A REPORT TO THE GENERAL
ASSEMBLY IN ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE ON
OR BEFORE DECEMBER 1 OF EACH YEAR.

(2) THE ANNUAL REPORT SHALL INCLUDE ANY CHANGES TO THE
GUIDELINES MADE DURING THE PRECEDING YEAR

(3) (I) THE ANNUAL REPORT SHALL REVIEW JUDICIAL COMPLIANCE
WITH THE GUIDELINES, INCLUDING COMPLIANCE BY OFFENSE AND BY JUDICIAL
CIRCUIT.

(II) IN DETERMINING WHETHER A SENTENCE IS WITHIN THE
GUIDELINES, THE COMMISSION SHALL CONSIDER A SENTENCE TO A CORRECTIONS
OPTIONS PROGRAM AS BEING WITHIN THE GUIDELINES IF THE SENTENCE FALLS
WITHIN A CORRECTIONS OPTIONS ZONE SHOWN ON THE MATRIX.

(E) (1) THE COMMISSION SHALL COLLECT SENTENCING GUIDELINES
WORKSHEETS AND AUTOMATE THE INFORMATION WITH THE ASSISTANCE OF THE
ADMINISTRATIVE OFFICE OF THE COURTS.

(2) THE COMMISSION SHALL MONITOR SENTENCING PRACTICE AND
RECOMMEND ADOPT CHANGES TO THE GUIDELINE MATRICES CONSISTENT WITH
THE INTENT OF THIS TITLE.

 

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Session Laws, 1999
Volume 796, Page 3572   View pdf image
 Jump to  
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