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 incarceration exceeds the upper guidelines range for the case; or

C. Imposed a sentence of correctional options if the defendant's:

(1) Initial sentence plus any suspended sentence falls within or above the overall guidelines range; and

(2) Current sentence or sentences and any pending charges do not include a violation of:

(a) A crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland;

(b) Sexual child abuse under Criminal Law Article, §3-602, Annotated Code of Maryland;

(c) Escape; or

(d) A law of the United States or of any other state or the District of Columbia similar to §C(2)(a)—(c) of this regulation.