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<section article="gcr" article_name="Criminal Law" number="5-609.1" title_number="5" title_name="Controlled Dangerous Substances, Prescriptions, and Other Substances" subtitle_number="6" subtitle_name="Crimes Involving Controlled Dangerous Substances and Paraphernalia">
  <level label="a">
    <text>Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of §§ 5–602 through 5–606 of this subtitle may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.</text>
  </level>
  <level label="b">
    <text>The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:</text>
    <level label="1">
      <text>retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and</text>
    </level>
    <level label="2">
      <text>the mandatory minimum sentence is necessary for the protection of the public.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018.</text>
    </level>
    <level label="2">
      <text>The court may consider an application after September 30, 2018, only for good cause shown.</text>
    </level>
    <level label="3">
      <text>The court shall notify the State’s Attorney of a request for a hearing.</text>
    </level>
    <level label="4">
      <text>A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5–602 through 5–606 of this subtitle.</text>
    </level>
  </level>
</section>
