Md. Code Regs. 14.22.01.01

Current through Register Vol. 51, No. 9, May 3, 2024

Section 14.22.01.01 - Scope

A. The Maryland sentencing guidelines apply to criminal cases prosecuted in a circuit court. The following sentencing matters handled by judges in a circuit court are excluded from guidelines coverage:

(1) Prayers for jury trial from District Court, unless a PSI is ordered;

(2) Appeals from District Court, unless a PSI is ordered;

(3) Crimes which carry no possible penalty of incarceration;

(4) Public local laws and municipal ordinances;

(5) Sentencing hearings in response to a violation of probation;

(6) Criminal nonsupport and criminal contempt; and

(7) Cases adjudicated in a juvenile court.

B. Under Criminal Procedure Article, § 6-211(b), Annotated Code of Maryland, the sentencing guidelines are voluntary and may not be construed to require a court to sentence a defendant as prescribed by this chapter.

Md. Code Regs. 14.22.01.01

Regulation .01 amended effective December 24, 2001 (28:25 Md. R. 2193); January 19, 2004 (31:1 Md. R. 31)
Regulation .01A amended effective 40:21 Md. R. 1780, eff.11/1/2013 ; amended effective 43:21 Md. R. 1169, eff. 11/1/2016; amended effective 46:3 Md. R. 106, eff. 3/1/2019