Md. Code Regs. 14.22.01.17

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.22.01.17 - Sentences Deemed to Be Within Guidelines

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.

Md. Code Regs. 14.22.01.17

Regulation .17 adopted effective December 24, 2001 (28:25 Md. R. 2193)
Regulation .17 amended effective November 1, 2010 (37:21 Md. R. 1437)
Regulation .17B amended effective January 19, 2004 (31:1 Md. R. 31)
Regulation .17C amended effective June 1, 2011 (38:9 Md. R. 553)
Regulation .17 amended effective 42:10 Md. R. 685, eff.6/1/2015; amended effective 44:18 Md. R. 866, eff. 10/1/2017; amended effective 48:6 Md. R. 238, eff. 4/1/2021