(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 THE
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 GUIDELINES.

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

(2) (3) THE COURT SHALL MAKE THE COMPLETED SENTENCING
GUIDELINES WORKSHEET 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.

(C) FOLLOWING ENTRY OF A FINAL ORDER OF CONVICTION AND SENTENCE
IN A CASE SUBJECT TO THE SENTENCING GUIDELINES, THE CLERK OF THE CIRCUIT
COURT IN WHICH THE CASE WAS TRIED SHALL SEND A COPY OF THE ORDERS, THE
ORIGINAL OF THE SENTENCING GUIDELINES WORKSHEET, AND A COPY OF ANY
DEPARTURE EXPLANATION TO THE STATE COMMISSION ON CRIMINAL SENTENCING
POLICY AS SOON AS POSSIBLE AND NO LATER THAN 30 DAYS AFTER SENTENCING.

[(c)] (D) (1) If a court prepares a Maryland sentencing guidelines
worksheet, the clerk of the court shall deliver to the agency that has been ordered by
the court to retain custody of the defendant a copy of the Maryland sentencing
guidelines worksheet with the commitment order or as soon as practicable after
issuance of the commitment order.

(2) The Parole Commission shall review a Maryland sentencing
guidelines worksheet for purposes of complying with the requirements of Article 41;
Title 1, Subtitle 5 of the Code.

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