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Martin O'Malley, Governor
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H.B. 992
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[(iv)] (4) of any combination of these crimes.
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[(2) The court may not suspend any part of the mandatory minimum
sentence of 40 years.
(3) Except as provided in § 4-305 of the Correctional Services Article,
the person is not eligible for parole during the mandatory minimum sentence.]
(E) A PERSON CONVICTED UNDER SUBSECTION (A) OF THIS SECTION OR
OF CONSPIRACY TO COMMIT A CRIME INCLUDED IN SUBSECTION (A) OF THIS
SECTION IS NOT PROHIBITED FROM PARTICIPATING IN A DRUG TREATMENT
PROGRAM UNDER § 8-507 OF THE HEALTH - GENERAL ARTICLE BECAUSE OF
THE LENGTH OF THE SENTENCE.
(F) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND
SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A PERSON WHO IS SERVING
A TERM OF CONFINEMENT THAT INCLUDES A MANDATORY MINIMUM SENTENCE
IMPOSED ON OR BEFORE SEPTEMBER 30, 2007, FOR A VIOLATION OF THIS
SECTION IS ELIGIBLE TO BE GRANTED:
(I) ONE HEARING BEFORE THE COURT TO MODIFY OR
REDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED IN MARYLAND
RULE 4-345, EVEN IF THE DEFENDANT DID NOT TIMELY FILE A MOTION FOR
RECONSIDERATION OR A MOTION FOR RECONSIDERATION WAS DENIED BY THE
COURT; AND
(II) ONE SENTENCE REVIEW OF THE MANDATORY MINIMUM
SENTENCE BY A REVIEW PANEL AS PROVIDED IN § 8-102 OF THE CRIMINAL
PROCEDURE ARTICLE.
(2) THE COURT OR THE REVIEW PANEL MAY STRIKE THE
RESTRICTION AGAINST PAROLE OR REDUCE THE LENGTH OF THE SENTENCE.
(3) TO BE GRANTED A HEARING OR SENTENCE REVIEW UNDER
PARAGRAPH (1) OF THIS SUBSECTION, A PERSON SHALL SUBMIT AN
APPLICATION TO THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30,
2010.
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Article - Public Safety
5-133.
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- 4815 -
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