# Criminal Procedure (GCP)

## Title 8. Other Postconviction Review

### Subtitle 1. In General

#### Section 8-101

(a) In this subtitle the following terms have the meanings indicated.

(b) "Review panel" means a group of three or more circuit court judges who conduct a review proceeding in connection with an application for a review of a sentence under this subtitle.

(c) "Sentencing court" means the court in which the sentencing judge imposed the sentence or required that a sentence that was wholly or partly suspended be served.

(d) "Sentencing judge" means the judge who imposed a sentence or who required that a sentence that was wholly or partly suspended be served.

#### Section 8-102

(a) Except as provided in subsection (b) of this section, a person convicted of a crime by a circuit court and sentenced to serve a sentence that exceeds 2 years in a correctional facility is entitled to a single sentence review by a review panel.

(b) A person is not entitled:

  (1) to a sentence review if the sentence was imposed by more than one circuit court judge; or

  (2) to a review of an order requiring a suspended part of a sentence to be served if:

    (i) the sentence originally was wholly or partly suspended;

    (ii) the sentence was reviewed; and

    (iii) the suspended sentence or suspended part of that sentence later was required to be served.

(c) For purposes of this subtitle, a sentence that exceeds 2 years is a sentence in which the total period of the sentence and any unserved time of a prior or simultaneous sentence exceeds 2 years, including:

  (1) a sentence imposed by a circuit court;

  (2) a requirement by a circuit court that all or part of a suspended sentence be served; and

  (3) a prior or simultaneous sentence, suspended or not suspended, that has been imposed by a court or other authority of the State or of another jurisdiction.

#### Section 8-103

(a) A person entitled to file an application for a sentence review under this subtitle has the right to be represented by counsel:

  (1) to determine whether to seek a sentence review; and

  (2) to file an application for a sentence review.

(b) The counsel representing a person for a sentence review may be:

  (1) retained by a person who is entitled to file an application for review under this subtitle;

  (2) appointed by the sentencing judge; or

  (3) provided under Title 16 of this article.

#### Section 8-104

(a) The filing of an application for sentence review under this subtitle does not:

  (1) stay the execution of the sentence;

  (2) affect the time allowed to file an appeal or a motion for a new trial; or

  (3) affect the power of the sentencing judge to change the sentence to the extent allowed by the Maryland Rules.

(b) After an application is filed, the sentencing judge may grant a stay of the execution of the sentence pending a decision under this subtitle.

#### Section 8-105

(a) A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located.

(b) Notwithstanding any Maryland Rule, the sentencing judge may not be a member of the review panel, but on request of the sentencing judge, the sentencing judge may sit with the review panel only in an advisory capacity.

(c)

  (1) A review panel shall consider each application for review of a sentence.

  (2) A review panel may require the Division of Parole and Probation to make investigations, reports, and recommendations.

  (3) A review panel:

    (i) with or without a hearing, may decide that the sentence under review should remain unchanged; or

    (ii) after a hearing, may order a different sentence to be imposed or served, including:

      (1) an increased sentence;

      (2) subject to Sec. 8-107(c) of this subtitle, a decreased sentence;

      (3) a suspended sentence to be served wholly or partly; or

      (4) a sentence to be suspended with or without probation.

  (4) In deciding to order a different sentence, the review panel may impose conditions that the review panel considers just and that could have been imposed lawfully by the sentencing court when the sentence was imposed.

(d) If the review panel orders a different sentence, the review panel shall resentence and notify the defendant in accordance with the order of the panel.

#### Section 8-106

(a) A review panel may increase, modify, or reduce a sentence only after notice to each party and notice to any victim or victim's representative as provided under Sec. 11-104 or Sec. 11-503 of this article.

(b) Before changing a sentence, a review panel shall allow:

  (1) each party to be heard at the hearing; and

  (2) the victim or victim's representative to attend the hearing, as provided by Sec. 11-102 of this article, and to address the review panel, as provided by Sec. 11-403 of this article.

#### Section 8-107

(a) Except as provided in subsection (c) of this section, a majority of the members of the review panel is necessary to make a decision.

(b) The review panel shall make the decision within 30 days after the filing date of the application for review.

(c) A review panel may not order a decrease in a mandatory minimum sentence unless the decision of the review panel is unanimous.

(d) A review panel shall consider time served on the sentence under review to be time served on any sentence that is substituted.

#### Section 8-109

The Supreme Court of Maryland shall adopt rules to carry out this subtitle.

#### Section 8-110

(a) This section applies only to an individual who:

  (1)

    (i) was convicted as an adult for an offense committed when the individual was a minor; and

    (ii) has been imprisoned for at least 20 years for the offense; or

  (2)

    (i) was convicted of an offense committed when the individual was at least 18 years old but younger than 25 years old;

    (ii) was not sentenced to life without the possibility of parole;

    (iii) is not a sex offender, as defined in Sec. 11-701 of this article;

    (iv) has been imprisoned for at least 20 years for the offense; and

    (v) was not convicted of murder involving a victim who was a first responder, as defined in Sec. 18-213.2 of the Health - General Article, who was killed in the line of duty.

(b)

  (1) An individual described in subsection (a) of this section may file a motion with the court to reduce the duration of the sentence.

  (2) A court shall conduct a hearing on a motion to reduce the duration of a sentence.

  (3)

    (i) The individual shall be present at the hearing, unless the individual waives the right to be present.

    (ii) The requirement that the individual be present at the hearing is satisfied if the hearing is conducted by video conference.

  (4)

    (i) The individual may introduce evidence in support of the motion at the hearing.

    (ii) The State may introduce evidence in support of or in opposition to the motion at the hearing.

  (5)

    (i) Notice of the hearing under this subsection shall be given to the victim or the victim's representative as provided in Sec.Sec. 11-104 and 11-503 of this article.

    (ii) A victim or victim's representative may submit a victim impact statement to the court regarding the impact of the crime and the proposed sentence reduction.

    (iii) A victim may not be cross-examined when presenting a victim impact statement under this section.

(c) Notwithstanding any other provision of law, after a hearing under subsection (b) of this section, the court may reduce the duration of the sentence if the court determines that:

  (1) the individual is not a danger to the public; and

  (2) the interests of justice will be better served by a reduced sentence.

(d) A court shall consider the following factors when determining whether to reduce the duration of a sentence under this section:

  (1) the individual's age at the time of the offense;

  (2) the nature of the offense and the history and characteristics of the individual;

  (3) whether the individual has substantially complied with the rules of the institution in which the individual has been confined;

  (4) whether the individual has completed an educational, vocational, or other program;

  (5) whether the individual has demonstrated maturity, rehabilitation, and fitness to reenter society sufficient to justify a sentence reduction;

  (6) any statement offered by a victim or a victim's representative;

  (7) any report of a physical, mental, or behavioral examination of the individual conducted by a health professional;

  (8) the individual's family and community circumstances at the time of the offense, including any history of trauma, abuse, or involvement in the child welfare system;

  (9) the extent of the individual's role in the offense and, if the individual was a minor at the time of the offense, whether and to what extent an adult was involved in the offense;

  (10) the diminished culpability of a juvenile as compared to an adult, including an inability to fully appreciate risks and consequences, if applicable; and

  (11) any other factor the court deems relevant.

(e)

  (1) The court shall issue its decision to grant or deny a motion to reduce the duration of a sentence in writing.

  (2) The decision shall address the factors listed in subsection (d) of this section.

  (3)

    (i) The court shall order an individual to stay away from and refrain from contact with a victim and victim's family if the individual is released, unless the victim requests otherwise.

    (ii) The court may impose any other conditions of release necessary to promote victim safety and peace of mind.

(f)

  (1) If the court denies or grants, in part, a motion to reduce the duration of a sentence under this section, the individual may not file a second motion to reduce the duration of that sentence for at least 3 years.

  (2) If the court denies or grants, in part, a second motion to reduce the duration of a sentence, the individual may not file a third motion to reduce the duration of that sentence for at least 3 years.

  (3) With regard to any specific sentence, an individual may not file a fourth motion to reduce the duration of the sentence.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)