Plain Text Law

Regulation .17 Sentences Deemed to Be Within Guidelines.

Regulation .17 Sentences Deemed to Be Within Guidelines.Copy Citation

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 MSCCSP binding 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 corrections 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.