S.B. 388
645JA.

(a) Unless [no different sentence could have been imposed or unless] the
sentence was imposed by more than one trial judge, every person convicted of a crime
by any trial court of this State and sentenced to serve, with or without suspension, a
total of more than two years imprisonment in any penal or correctional institution in
this State shall be entitled to have the sentence reviewed by a panel of three or more
trial judges of the judicial circuit in which the sentencing court is located. However, a
person has no right to have any sentence reviewed more than once pursuant to this
section. Notwithstanding any rule of the Court of Appeals to the contrary, the judge
who sentenced the convicted person shall not be one of the members of the panel, but
if he so desires he may sit with the panel in an advisory capacity only.

(b) The review of a sentence of death is governed by the provisions of § 414 of
this article.

645JC.

(a) The panel shall have the right to require the Division of Parole and
Probation to investigate, report and make recommendations with regard to any such
application for review.

(b) (1) The panel shall consider each application for review and shall have
the power, with a hearing, to order a different sentence to be imposed or served,
including, by way of illustration and not by way of limitation, an increased or
decreased sentence, or a suspended sentence to be served in whole or in part, or a
sentence to be suspended with or without probation, upon such terms and conditions
as the panel may deem just and which could lawfully have been imposed by the
sentencing court at the time of the imposition of the sentence under review, or the
panel may decide that the sentence under review should remain unchanged.

(2) (I) IN THE MANNER PROVIDED IN THIS SECTION, AND SUBJECT TO
ITEM (II) OF THIS PARAGRAPH, AND SUBJECT TO PARAGRAPH (3) OF THIS
SUBSECTION; THE PANEL MAY ORDER A DIFFERENT SENTENCE, INCLUDING A
DECREASE, IN A MANDATORY MINIMUM SENTENCE OTHERWISE REQUIRED BY LAW.

(II) A PANEL MAY NOT ORDER A DECREASE IN A MANDATORY
MINIMUM SENTENCE UNLESS THE PANEL'S DECISION IS UNANIMOUS.

(3) A PANEL MAY NOT ORDER A DECREASE IN A MANDATORY MINIMUM
SENTENCE UNLESS;

(I) THE PANEL'S DECISION IS UNANIMOUS; AND

(II) THE PANEL DETERMINES THAT THE MANDATORY SENTENCE
IMPOSED WOULD RESULT IN A MISCARRIAGE OF JUSTICE.

(c) Without holding a hearing, the panel may decide that the sentence under
review should remain unchanged.