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Statutes Text

Article - Criminal Procedure




§6–209.    IN EFFECT

    (a)    The Commission shall review annually sentencing policy and practice and, on or before January 31 of each year, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the preceding calendar year.

    (b)    (1)    The report shall:

            (i)    include any changes to the sentencing guidelines made during the preceding year;

            (ii)    review judicial compliance with the sentencing guidelines, including compliance by crime and by judicial circuit;

            (iii)    subject to paragraph (2) of this subsection:

                1.    for sentences involving a crime of violence, include information disaggregated by circuit on:

                A.    the number and percentage of sentencing events in each disposition category, as indicated on the sentencing guidelines worksheet;

                B.    the number and percentage of sentencing events that resulted in a departure from the sentencing guidelines; and

                C.    for sentencing events that resulted in a departure from the sentencing guidelines, the departure reasons cited and the number and percentage of events in which each reason was cited; and

                2.    for sentencing events involving a crime of violence, report disaggregated by circuit and crime on:

                A.    the average total sentence;

                B.    the average nonsuspended sentence; and

                C.    for sentences in which a portion of the sentence was suspended, the average percentage of the total sentence suspended;

            (iv)    review reductions or increases in original sentences that have occurred because of reconsiderations of sentences imposed under § 14–101 of the Criminal Law Article; and

            (v)    categorize information on the number of reconsiderations of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial circuit.

        (2)    The Commission shall consider a sentence to a corrections options program to be within the sentencing guidelines if the sentence falls within a corrections options zone shown on the matrix.

        (3)    The Commission shall conspicuously post the information required to be included in the report under paragraph (1)(iii) of this subsection in a data dashboard on its public website.

§6–209.    // EFFECTIVE SEPTEMBER 30, 2025 PER CHAPTER 141 OF 2022 //

    (a)    The Commission shall review annually sentencing policy and practice and, on or before January 31 of each year, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the preceding calendar year.

    (b)    (1)    The report shall:

            (i)    include any changes to the sentencing guidelines made during the preceding year;

            (ii)    review judicial compliance with the sentencing guidelines, including compliance by crime and by judicial circuit;

            (iii)    review reductions or increases in original sentences that have occurred because of reconsiderations of sentences imposed under § 14–101 of the Criminal Law Article; and

            (iv)    categorize information on the number of reconsiderations of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial circuit.

        (2)    The Commission shall consider a sentence to a corrections options program to be within the sentencing guidelines if the sentence falls within a corrections options zone shown on the matrix.



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