RULE 4-342. SENTENCING--PROCEDURE
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022
Effective: April 1, 2022
MD Rules, Rule 4-342
RULE 4-342. SENTENCING--PROCEDURE
(a) Statutory Sentencing Procedure. When a defendant has been found guilty of murder in the first degree and the State has given timely notice of intention to seek a sentence of imprisonment for life without the possibility of parole, the court shall conduct a sentencing proceeding, separate from the proceeding at which the defendant's guilt was adjudicated, as soon as practicable after the trial to determine whether to impose a sentence of imprisonment for life or imprisonment for life without parole.
Cross reference: Code, Criminal Law Article, §§ 2-201, 2-203, and 2-304.
(b) Judge. If the defendant's guilt is established after a trial has commenced, the judge who presided shall sentence the defendant. If a defendant enters a plea of guilty or nolo contendere before trial, any judge may sentence the defendant except that, the judge who directed entry of the plea shall sentence the defendant if that judge has received any matter, other than a statement of the mere facts of the offense, which would be relevant to determining the proper sentence. This section is subject to the provisions of Rule 4-361.
(c) Presentence Disclosures by the State's Attorney. Sufficiently in advance of sentencing to afford the defendant a reasonable opportunity to investigate, the State's Attorney shall disclose to the defendant or counsel any information that the State expects to present to the court for consideration in sentencing. If the court finds that the information was not timely provided, the court shall postpone sentencing.
Cross reference: See Code, Criminal Procedure Article, §§ 11-103 (b) and 11-403 (e) concerning the right of a victim or victim's representative to file an application for leave to appeal under certain circumstances. See Code, Criminal Procedure Article, § 11-103 (e) for the right of a victim to file a motion requesting restitution.
Cross reference: See Mainor v. State, 475 Md. 487 (2021).
Cross reference: For factors related to drug and alcohol abuse treatment to be considered by the court in determining an appropriate sentence, see Code, Criminal Procedure Article, § 6-231 and Code, Criminal Law Article, § 5-601 (e). For procedures to commit a defendant who has a drug or alcohol dependency to a treatment program in the Maryland Department of Health as a condition of release after conviction, see Code, Health General Article, § 8-507. For procedures to be followed by the court to depart from a mandatory minimum sentence for certain drug-related offenses, see Code, Criminal Law Article, § 5-609.1.
(1) At the time of imposing sentence, the court shall cause the defendant to be advised of: (A) any right of appeal, (B) any right of review of the sentence under the Review of Criminal Sentences Act, (C) any right to move for modification or reduction of the sentence, (D) any right to be represented by counsel, and (E) the time allowed for the exercise of these rights.
(2) At the time of imposing a sentence of incarceration for a violent crime as defined in Code, Correctional Services Article, § 7-101 and for which a defendant will be eligible for parole as provided in § 7-301 (c) or (d) of the Correctional Services Article, the court shall state in open court the minimum time the defendant must serve for the violent crime before becoming eligible for parole or for conditional release under mandatory supervision pursuant to Code, Correctional Services Article, § 7-501.
Cross reference: Code, Criminal Procedure Article, §§ 8-102--8-109.
Committee note: Code, Criminal Procedure Article, § 6-217 provides that the court's statement of the minimum time the defendant must serve for the violent crime before becoming eligible for parole is for informational purposes only and may not be considered a part of the sentence, and the failure of a court to comply with this requirement does not affect the legality or efficacy of the sentence imposed.
(j) Restitution from a Parent. If restitution from a parent of the defendant is sought pursuant to Code, Criminal Procedure Article, § 11-604, the State shall serve the parent with notice of intention to seek restitution and file a copy of the notice with the court. The court may not enter a judgment of restitution against the parent unless the parent has been afforded a reasonable opportunity to be heard and to present evidence. The hearing on parental restitution may be part of the defendant's sentencing hearing.
(2) District Court. Upon the entry of a judgment of restitution in the District Court, the Clerk of the Court shall send the written notice required under Code, Criminal Procedure Article, § 11-610 (e). Recordation of a judgment of restitution in the District Court is governed by Code, Criminal Procedure Article, §§ 11-610 and 11-612 and Rule 3-621.
Cross reference: For procedures pertaining to collection of DNA samples from an individual convicted of a felony or a violation of Code, Criminal Law Article, §§ 6-205 or 6-206, see Code, Public Safety Article, § 2-504.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule 772 b and M.D.R. 772 a.
Section (c) is derived from former Rule 772 c and M.D.R. 772 b.
Section (d) is new.
Section (e) is derived from former Rule 772 d and M.D.R. 772 c.
Section (f) is derived from former Rule 772 e and M.D.R. 772 d.
Section (g) is derived from former Rule 772 f and M.D.R. 772 e.
Section (h) is in part derived from former Rule 772 h and M.D.R. 772 g and in part new.
Section (i) is new.
Section (j) is new.
Section (k) is new.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended July 27, 1987, eff. Aug. 17, 1987; June 28, 1988, eff. July 1, 1988; Nov. 22, 1989, eff. Jan. 1, 1990; Nov. 1, 1991, eff. Jan. 1, 1992; June 8, 1998, eff. Oct. 1, 1998; Oct. 4, 1999, eff. Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; April 5, 2005, eff. July 1, 2005; Nov. 8, 2005, eff. Jan. 1, 2006; May 8, 2007, eff. July 1, 2007; June 16, 2009, eff. June 17, 2009; Sept. 10, 2009, eff. Oct. 1, 2009; March 9, 2010, eff. July 1, 2010; Nov. 1, 2012, eff. Jan. 1, 2013; Dec. 7, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017; Oct. 10, 2017, eff. Jan. 1, 2018; April 9, 2018, eff. July 1, 2018; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 4-342, MD R CR Rule 4-342
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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