§ 11–402
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 11-402 (2026)
Title 11. Victims and Witnesses
Subtitle 4. Sentencing Procedures
§ 11–402LinkCopy Citation
(a)
A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if:
(1)
the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or
(2)
the defendant caused serious physical injury or death to the victim in committing a misdemeanor.
(b)
If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules.
(c)
(1)
The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim’s right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article.
(2)
This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court.
(3)
The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article.
(d)
The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title.
(e)
A victim impact statement for a crime or delinquent act shall:
(1)
identify the victim;
(2)
itemize any economic loss suffered by the victim;
(3)
identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
(4)
describe any change in the victim’s personal welfare or familial relationships;
(5)
identify any request for psychological services initiated by the victim or the victim’s family;
(6)
identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent, including a request for electronic monitoring or electronic monitoring with victim stay–away alert technology; and
(7)
contain any other information related to the impact on the victim or the victim’s family that the court requires.
(f)
If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim’s representative.