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14.22.01.00.htm 14.22.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY Chapter 01 General Regulations Authority: Criminal Procedure Article, §6-211 and 6-214, Annotated Code of Maryland
14.22.01.01.htm 14.22.01.01. 01 Scope.. A. The Maryland sentencing guidelines apply to criminal cases prosecuted in a circuit court. The following sentencing matters handled by judges in a circuit court are excluded from guidelines coverage:1) Prayers for jury trial from District Court, unless a PSI is ordered;. 2) Appeals from District Court, unless a PSI is ordered;. 3) Crimes which carry no possible penalty of incarceration;. 4) Public local laws and municipal ordinances;.
14.22.01.02.htm 14.22.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Adjudication" includes a:. a) Finding of guilt by a judge or jury;. b) Plea of guilt by the offender;. c) Plea of nolo contendere (no contest) by the offender; or. d) Sentence to probation before judgment (PBJ). 2) "American Bar Association (ABA) plea agreement" means a plea agreement that:. a) A court has approved relating to a particular sentence, disposition, or
14.22.01.03.htm 14.22.01.03. 03 Sentencing Guidelines Worksheet.. A. The sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy shall be used to calculate the sentencing guidelines.B. The sentencing guidelines and offense seriousness categories in effect at the time of sentencing shall be used to calculate the guidelines. If it is determined that the guidelines are different than what they would have been if calculated using the sentencing guidelines and offense seriousness ca
14.22.01.04.htm 14.22.01.04. 04 Sentencing Guidelines Sentence.. A. Sentence Range. Suspended time is not considered in determining whether the sentence falls within the recommended sentence range.B. Offender Already Under Sentence.. 1) If an offender is already serving one or more sentences, the time remaining to be served may be considered in determining whether the sentence or sentences are within the recommended guidelines range.2) The judge shall indicate whether the new sentence is consecutive to or c
14.22.01.05.htm 14.22.01.05. 05 Sentences Outside the Guidelines.. A. The judge shall document on the guidelines worksheet the reason or reasons for imposing a sentence outside of the recommended guidelines range.B. Common reasons for departure under the guidelines range include, but are not limited to, the following:1) The parties reached a plea agreement that called for a reduced sentence;. 2) The offender had a minor role in the offense;. 3) The offender was influenced by coercion or duress;.
14.22.01.06.htm 14.22.01.06. 06 Guidelines Worksheet Distribution.. A. Worksheet Completion. The judge, the State, and the defense shall receive copies of the worksheets before sentencing. When an agent of the Division of Parole and Probation fills in a worksheet, the agent shall send the judge the first four copies, together with the PSI and the Maryland Sentencing Guidelines Criteria for Prior Record form issued by the Commission on Criminal Sentencing Policy.B. Worksheet Completion. At sentencing, the judge
14.22.01.07.htm 14.22.01.07. 07 Case Information.. A. The top section of the sentencing guidelines worksheet contains:. 1) The offender's name, State Identification (SID) number, sex, race, ethnicity, and birth date;. 2) Jurisdiction where the case was tried;. 3) Whether or not a PSI was available;. 4) Dates of offense and sentencing;. 5) Number of convicted offenses and criminal events at the sentencing being reported;. 6) The number of the worksheet and criminal event;.
14.22.01.08.htm 14.22.01.08. 08 Guidelines Scoring.. A. For person offenses, the individual completing the worksheet shall compute an offense score and an offender score for each offense to be sentenced.B. For drug and property offenses, the individual completing the worksheet shall compute the offender score and shall use the assigned offense seriousness category.C. Seriousness Category of the Convicted Offense.. 1) Unless placed in a different category or specifically addressed by separ
14.22.01.09.htm 14.22.01.09. 09 Offense Score.. A. Computation of Offense Score. The individual completing the worksheet shall derive the offense score for each convicted offense by totaling the points given for certain factors of that offense. A column of offense scores is provided on the worksheet for each of the three possible offenses within a single criminal event. A judge may include factors known to the judge even if they are not within the scope of the convicted offense, such as weapon
14.22.01.10.htm 14.22.01.10. 10 Computation of the Offender Score.. A. Computation of the Offender Score. The individual completing the worksheet shall derive the offender score by totaling the points represented by the offender's prior criminal history. Any prior criminal adjudications, as defined in COMAR 14.22.01.02B(1) shall be included. With the exception of the juvenile delinquency component of the offender score, the offender score refers only to the defendant's adult involvement w
14.22.01.11.htm 14.22.01.11. 11 Determining the Guidelines Sentence.. A. Guidelines Range. After the offense and offender scores have been calculated for each offense for which there is a conviction or other adjudication of guilt, the individual completing the worksheet shall use the appropriate matrix ― person, drug, or property ― to determine the guidelines range. In multiple offense cases, the individual completing the worksheet shall determine the overall guidelines range after calculat
14.22.01.12.htm 14.22.01.12. 12 Multiple Offense Scoring.. A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.. 1) The individual completing the worksheet shall calculate the guidelines range for each offense.. 2) The individual completing the worksheet shall determine the overall guideline range by identifying the highest of the lower guidelines limit and highest of the upper guidelines limit of all of the offenses and by:a) Except as provided in §A(2)b) of this regulatio
14.22.01.13.htm 14.22.01.13. 13 Presentence Detention.. When a defendant has been incarcerated before sentencing, the judge shall indicate the detention under "Actual Sentence" The judge shall indicate either the number of days credit for time served or the date on which the sentence is to begin.
14.22.01.14.htm 14.22.01.14. 14 Mandatory Sentences.. If the guidelines sentence range exceeds the statutory maximum for a given offense, the statutory maximum is the upper limit of the guidelines range. If the guidelines range is below the nonsuspendable mandatory minimum, that minimum is the lower limit of the guidelines range. The adjusted guidelines range for first degree murder is always a mandatory suspendable term of "life to life" and should replace the calculated guidelines range.
14.22.01.15.htm 14.22.01.15. 15 Subsequent Offenses.. Enhanced punishment law for subsequent offenders takes precedence over guidelines ranges if not otherwise provided for in these regulations. When the statutory penalty for a drug offense is doubled under Criminal Law Article, §5-905, Annotated Code of Maryland, the guidelines range for that offense is also doubled. The guidelines sentence is determined by doubling the appropriate sentence from the drug offense sentencing matrix except when the ma
14.22.01.16.htm 14.22.01.16. 16 Maryland Sentencing Guidelines Manual.. The individual completing the worksheet shall use the sentencing guidelines worksheet issued by the Commission on Criminal Sentencing Policy and may refer to the Maryland Sentencing Guidelines Manual for additional instruction and for case examples.
14.22.01.17.htm 14.22.01.17. 17 Sentences Deemed to Be Within Guidelines.. Notwithstanding the actual guidelines range, the Commission on Criminal Sentencing Policy shall deem a sentence within the guidelines range if a judge:A. Approved an ABA plea agreement and sentence agreed to by both the defendant and by the State;. B. Sentenced a defendant to a period of pre-sentence incarceration time with no additional post-sentence incarceration time and the length of credited pre-sentence incarcerati
14.22.01.9999.htm 14.22.01.9999. Administrative History Effective date: July 1, 2001 (28:8 Md. R. 763). Regulation .01 amended effective December 24, 2001 (28:25 Md. R. 2193) January 19, 2004 (31:1 Md. R. 31)Regulation .01A amended effective November 1, 2013 (40:21 Md. R. 1780) November 1, 2016 (43:21 Md. R. 1169)Regulation .02B amended effective December 24, 2001 (28:25 Md. R. 2193) January 19, 2004 (31:1 Md. R. 31) March 28, 2005 (32:6 Md. R. 636) August 14, 2006 (33:16 Md. R. 1365) January 1, 2008 (34:24 Md
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