Criminal Procedure (GCP) — Title 6. Trial and Sentencing

The date for trial of a criminal matter in the circuit court shall be set within 30 days after the earlier of:

The trial date may not be later than 180 days after the earlier of those events.

For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court:

If a circuit court trial date is changed under paragraph (1) of this subsection, any subsequent changes of the trial date may only be made by the county administrative judge or that judge’s designee for good cause shown.

At the close of the evidence for the State, a defendant may move for judgment of acquittal on one or more counts or on one or more degrees of a crime, on the ground that the evidence is insufficient in law to sustain a conviction as to the count or degree.

Subject to paragraph (3) of this subsection, if the court denies the motion for judgment of acquittal, the defendant may offer evidence on the defendant’s behalf without having reserved the right to do so.

If the defendant offers evidence after making a motion for judgment of acquittal, the motion is deemed withdrawn.

The defendant may move for judgment of acquittal at the close of all the evidence whether or not a motion for judgment of acquittal was made at the close of the evidence for the State.

If the court denies the motion for judgment of acquittal, the defendant may have review of the ruling on appeal.

within 10 days after the motion is filed; or

if an agreed statement of the evidence or a statement of the evidence certified by the trial judge is filed, within 10 days after the statement is filed.

a written agreement, signed by the State’s Attorney of the county in which the motion is pending and the defendant or the defendant’s counsel; or

an order signed by the trial judge.

a chairman, appointed by the Governor;

one circuit court judge, appointed by the Chief Justice of the Supreme Court of Maryland;

one District Court judge, appointed by the Chief Justice of the Supreme Court of Maryland;

the Attorney General or the Attorney General’s designee;

one State’s Attorney who is recommended by the President of the Maryland State’s Attorneys Association, appointed by the Governor;

the Public Defender or the Public Defender’s designee;

a criminal defense attorney who is recommended by the President of the Maryland Criminal Defense Attorneys Association, appointed by the Governor;

two members of the State Senate, including at least one member of the Senate Judicial Proceedings Committee, appointed by the President of the Senate;

two members of the House of Delegates, including at least one member of the House Judiciary Committee, appointed by the Speaker of the House;

the Secretary of the Department or the Secretary’s designee;

one representative from a victims’ advocacy group, appointed by the Governor;

one representative from law enforcement, appointed by the Governor;

one member with a background in criminal justice or corrections policy who is a recognized expert in the field and who is appointed by the Governor;

one representative of local correctional facilities, appointed by the Governor; and

two representatives of the public, appointed by the Governor.

The term of an appointed member is 4 years.

The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2001.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

The Commission shall meet quarterly at the times and places that it determines.

The Commission may hold additional meetings at the call of the chairman or any six members of the Commission after giving proper notice in the manner provided in the rules of the Commission.

may not receive compensation for serving on the Commission; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

establish subcommittees or advisory committees composed of Commission members to accomplish the duties imposed under this section;

require each State unit and local government unit to give information to the Commission on request; and

apply for, accept, and use grants or financial or other aid from a public or private source to accomplish the duties established in this part.

The Commission may adopt rules governing the administration and proceedings of the Commission.

A change to the sentencing guidelines requires adoption by a majority of the total number of members of the Commission.

The Commission shall adopt sentencing guidelines that the Commission may change.

The sentencing guidelines shall include sentencing guidelines for ordinary sentences and sentencing guidelines for corrections options.

the range of sentences for crimes of a given degree of seriousness;

a range of increased severity for defendants previously convicted of or adjudicated delinquent for a previous crime; and

a list of aggravating and mitigating circumstances.

The report shall:

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.

are required under current laws, policies, and practices relating to sentencing, parole, and mandatory supervision; and

would be required to carry out future Commission recommendations for legislation or changes to the sentencing guidelines.

A circuit court shall consider:

In deciding whether to sentence a defendant to a corrections options program, the court primarily shall consider the public safety.

allow for a sentence exceeding the maximum sentence provided by law; or

be used in violation of any mandatory minimum sentence required by law.

If a court prepares a Maryland sentencing guidelines worksheet, the clerk of court shall deliver a copy of the Maryland sentencing guidelines worksheet to the unit that has been ordered by the court to retain custody of the defendant.

The copy shall be delivered with the commitment order or as soon as practicable after issuance of the commitment order.

The Parole Commission shall review a Maryland sentencing guidelines worksheet to ensure compliance with the requirements of Title 7 of the Correctional Services Article.

A defendant who is convicted and sentenced shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in the custody of a correctional facility, hospital, facility for persons with mental disorders, or other unit because of:

If a defendant is in custody because of a charge that results in a dismissal or acquittal, the time that would have been credited if a sentence had been imposed shall be credited against any sentence that is based on a charge for which a warrant or commitment was filed during that custody.

In a case other than a case described in paragraph (2) of this subsection, the sentencing court may apply credit against a sentence for time spent in custody for another charge or crime.

The court shall award the credit required by this section at the time of sentencing.

After having communicated with the parties, the court shall tell the defendant and shall state on the record the amount of the credit and the facts on which the credit is based.

home detention;

a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or

inpatient drug or alcohol treatment.

may suspend a sentence generally or for a definite time;

may pass orders and impose terms as to costs, recognizance for appearance, or matters relating to the residence or conduct of the defendant who is convicted as may be deemed proper;

may order confinement in any care or custody as may be deemed proper; or

may order a person to a term of custodial confinement as a condition of a suspended sentence.

If the court places on probation a defendant who has been convicted of a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, the court shall require as a condition that the defendant participate in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.

If the court places on probation a defendant who has been convicted of a violation of any provision of Title 5 of the Criminal Law Article, the court shall require as a condition that the defendant participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.

the sentence is to be performed during any 48–hour period in a 7–day period, with each period of confinement to be not less than 2 days of the sentence imposed;

the crime leading to the conviction allows confinement in the local correctional facility; and

the total sentence does not exceed 30 2–day periods of confinement.

home detention;

a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or

inpatient drug or alcohol treatment.

the court finds that the best interests of the defendant and the public welfare would be served; and

the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.

When a defendant pleads not guilty, the defendant may, with the consent of the State, enter into an agreement with the State under this subsection and the court may find facts justifying a finding of guilt beyond a reasonable doubt, defer entry of a conviction, and place the defendant on probation before judgment subject to reasonable conditions only if:

If the defendant violates the terms of an agreement under paragraph (1) of this subsection, the court may enter a finding of guilt and impose a sentence.

An agreement under paragraph (1) of this subsection shall provide that:

After an agreement made in accordance with this subsection is placed on the record, the court shall make a finding that there are sufficient facts to support a finding of the defendant’s guilt but that the court does not do so and instead defers judgment and imposes probation before judgment.

The consent of a defendant to and the receipt by the defendant of a disposition under this paragraph shall be considered a probation before judgment for all other purposes under State law.

Subject to paragraphs (2) and (3) of this subsection, the conditions of probation before judgment may include an order that the defendant:

Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made.

Any fine or monetary penalty imposed as a condition of probation before judgment shall be within the amount set by law for a violation resulting in conviction.

As a condition of probation before judgment, the court may order a person to a term of custodial confinement or imprisonment.

When the crime for which the judgment is being stayed is for a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, the court:

When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation before judgment, require the defendant to participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.

a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, or has been placed on probation before judgment in accordance with this section, after being charged with a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article;

a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation before judgment for possession of a controlled dangerous substance under § 5–601 of the Criminal Law Article if:

a violation of any of the provisions of §§ 3–303 through 3–307, § 3–309, § 3–310, § 3–315, or § 3–602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or

a moving violation, as defined in § 11–136.1 of the Transportation Article, if:

By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.

Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.

On fulfillment of the conditions of probation before judgment, the court shall discharge the defendant from probation.

The discharge is a final disposition of the matter.

Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.

impose a sentence for a specified time and provide that a lesser time be served in confinement;

suspend the remainder of the sentence; and

For the purpose of making restitution, the court may extend the probation beyond the time allowed under subsection (a)(3)(i) of this section for:

An extension of probation under this subsection may be unsupervised or supervised by the Division of Parole and Probation.

the defendant consents in writing; and

the extension is only for making restitution.

For the purpose of a commitment to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article, the court may extend the probation for 1 year beyond the time allowed under subsection (a)(3)(i) of this section.

An extension of probation under this subsection shall be supervised by the Division of Parole and Probation.

the defendant consents in writing; and

the extension is only for a commitment to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.

to answer the charge of violation of a condition of probation or of suspension of sentence; and

to be present for the setting of a timely hearing date for that charge.

revoke the probation granted or the suspension of sentence; and

There is a rebuttable presumption that the limits on the period of incarceration that may be imposed for a technical violation established under subsection (d)(2) of this section are applicable.

The presumption may be rebutted if the court finds and states on the record, after consideration of the following factors, that adhering to the limits on the period of incarceration established under subsection (d)(2) of this section would create a risk to public safety, a victim, or a witness:

On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under paragraph (2) of this subsection, the court may:

A finding under paragraph (2) of this subsection or an action under paragraph (3) of this subsection is subject to appeal under Title 12, Subtitle 3 or Subtitle 4 of the Courts Article.

does not impose a sentence;

suspends the sentence generally;

places the defendant on probation for a definite time; or

passes another order and imposes other conditions of probation.

subject to subsection (c) of this section, may sentence the defendant to:

may suspend all or part of a sentence and place the defendant on further probation on any conditions that the judge considers proper, and that do not exceed the maximum set under § 6–222 of this subtitle.

Subject to paragraph (2) of this subsection, if the court finds that the defendant violated a condition of probation that is a technical violation, the court may impose a period of incarceration of:

The District Court judge who originally imposed conditions of probation or suspension of sentence shall hear any charge of violation of the conditions of probation or suspension of sentence.

Except as provided in paragraph (3) of this subsection, the judge shall sentence the defendant if probation is revoked or suspension stricken.

If the judge has been removed from office, has died or resigned, or is otherwise incapacitated, any other judge of the District Court may act in the matter.

In this section, “custodial confinement” means:

“Custodial confinement” does not include imprisonment.

If a sentence of imprisonment is imposed and a part of it is suspended with the defendant placed on probation, the court may impose as a condition of probation that the probation begin on the day the defendant is released from imprisonment.

The fee imposed under this section shall be paid to the Division of Parole and Probation.

The Division of Parole and Probation shall pay the money collected under this section into the General Fund of the State.

the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee;

the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted or ordered by the court;

the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or

other extenuating circumstances exist.

The court may revoke probation for failure to make the required payment of the fee imposed under this section.

If the supervisee does not comply with the fee requirement, the Division of Parole and Probation shall notify the court.

The court shall hold a hearing to determine if there are sufficient grounds to find the supervisee in violation.

At a hearing under this subsection, the court may consider:

In addition to fees imposed under this section, the Division of Parole and Probation may require a supervisee to pay:

Failure to make a payment required for drug or alcohol abuse testing may be considered grounds for revocation of probation by the court.

The Division of Parole and Probation may exempt a supervisee as a whole or in part from a payment for testing if the Division determines that any of the criteria in subsection (d) of this section apply.

adopt guidelines for collecting the supervision fee;

adopt guidelines for collecting the cost of drug and alcohol testing;

investigate requests for an exemption from payment, if the court requests an investigation;

keep records of all payments by each supervisee; and

report delinquencies to the court.

charged with a crime of violence as defined under § 14–101 of the Criminal Law Article or with a violation of Title 3, Subtitle 6 or Subtitle 8, or § 3–203, § 3–204, § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; or

who has been convicted of a crime of violence, as defined under § 14–101 of the Criminal Law Article, within the previous 5 years.

a nolle prosequi with the requirement of drug or alcohol treatment shall be considered a nolle prosequi under the Maryland Rules; and

a stet with the requirement of drug or alcohol treatment shall be considered a stet under the Maryland Rules, including provisions for rescheduling a trial.

The State’s Attorney, on request of the defendant or on the State’s Attorney’s own motion, may make an offer to a defendant that if the defendant qualifies for drug or alcohol treatment the State’s Attorney shall dismiss the charge by entering a nolle prosequi with the requirement of drug or alcohol treatment or move that the court indefinitely postpone trial of the charge by marking the charge stet with the requirement of drug or alcohol abuse treatment on the docket.

In order to qualify for a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, a defendant shall be evaluated for drug or alcohol abuse by the Maryland Department of Health, a designee of the Department, or a private provider licensed to provide substance use disorder treatment under regulations of the Maryland Department of Health and the evaluation shall determine whether the defendant is amenable to treatment and, if so, recommend an appropriate treatment program.

The drug or alcohol treatment program shall be approved under regulations of the Maryland Department of Health.

If a defendant qualified under this section accepts an offer described in paragraph (1) of this subsection:

In the manner provided by law, a clerk of the court shall transmit a disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment for entry into the appropriate criminal records as provided by law.

In addition to any other fees, fines, or costs, unless the court makes a finding on the record that a defendant is unable by reason of indigency to pay the costs, a person who receives a disposition of nolle prosequi with the requirement of drug or alcohol treatment or stet with the requirement of drug or alcohol abuse treatment shall pay to the court an administrative fee of $150.

The fee required under paragraph (1) of this subsection shall be paid into the Maryland Substance Abuse Fund under § 8–6A–01 of the Health – General Article.

Except as provided in subsection (d) of this section, this subsection shall apply in any case where the court agrees that, on successful completion of any treatment ordered as a condition of probation under § 6–219 of this subtitle, the court will enter an order striking the entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.

On notification to the court by the Division of Parole and Probation that the defendant has successfully completed the treatment as ordered in a proceeding under paragraph (1) of this subsection, the court shall, except as provided in subsection (d) of this section and notwithstanding any other provision of law or rule to the contrary, enter an order striking entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.

Except as provided in subsection (d) of this section, in all other cases, on the successful completion by a defendant of any treatment ordered as a condition of probation imposed under § 6–219 of this subtitle, the Division of Parole and Probation shall notify the court that issued the order and the Office of the State’s Attorney in that jurisdiction.

Except as provided in subsection (d) of this section, notwithstanding any other provision of law or rule to the contrary, unless the State’s Attorney files an objection within 30 days after receipt of the notice, the court may enter an order striking the entry of judgment and deferring further proceedings in accordance with § 6–220 of this subtitle.

If the State’s Attorney files a timely objection, the court shall hold a hearing and may, unless good cause is found to the contrary, enter the order.

has been convicted under § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article; or

has been placed on probation in accordance with § 6–220 of this subtitle, after being charged with a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article.

If a defendant is convicted of or receives a probation before judgment disposition for a crime, on request of the State’s Attorney, the court shall make a finding of fact, based on evidence produced at trial, as to whether the crime is a domestically related crime.

The State has the burden of proving by a preponderance of the evidence that the crime is a domestically related crime.

In this section the following words have the meanings indicated.

“Convicted of a disqualifying crime” has the meaning stated in § 5–101 of the Public Safety Article.

“Disqualifying crime” has the meaning stated in § 5–101 of the Public Safety Article.

“Domestically related crime” has the meaning stated in § 6–233 of this subtitle.

“Federally licensed firearm dealer” means a person who holds a federal firearms license issued under 18 U.S.C. § 9–232(a).

“Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

“Law enforcement official” has the meaning stated in § 4–201 of the Criminal Law Article.

“Regulated firearm” has the meaning stated in § 5–101 of the Public Safety Article.

“Rifle” has the meaning stated in § 4–201 of the Criminal Law Article.

“Shotgun” has the meaning stated in § 4–201 of the Criminal Law Article.

When a defendant has been charged with a disqualifying crime and the underlying facts of that crime would support a finding by the court under § 6–233 of this subtitle that the crime is a domestically related crime, the State’s Attorney shall serve written notice on the defendant, the defendant’s counsel, and the court that:

The State’s Attorney shall serve the notice required under paragraph (1) of this subsection prior to trial or the acceptance of a plea of guilty or the equivalent of a plea of guilty.

prohibited from possessing a regulated firearm under § 5–133 of the Public Safety Article;

prohibited from possessing a rifle or shotgun under § 5–205 of the Public Safety Article; and

ordered to transfer all regulated firearms, rifles, and shotguns owned by the defendant or in the defendant’s possession in accordance with this section.

A transfer of a regulated firearm, rifle, or shotgun under this section shall be made within 2 business days after the conviction to a State or local law enforcement agency or to a federally licensed firearms dealer.

A person ordered to surrender a regulated firearm, rifle, or shotgun under this section may designate a representative to transfer the firearm to a State or local law enforcement agency or to a federally licensed firearms dealer.

A law enforcement agency or federally licensed firearms dealer accepting a transferred firearm under this section shall issue a written proof of transfer to the person transferring the firearm.