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§ 5-609.1. Modification or reduction of mandatory minimum sentence imposed on or before Septemb...

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)
Part I. Primary Crimes
Effective: October 1, 2017
MD Code, Criminal Law, § 5-609.1
§ 5-609.1. Modification or reduction of mandatory minimum sentence imposed on or before September 30, 2017
In general
(a) 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.
Factors for retention of mandatory minimum sentence
(b) 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:
(1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and
(2) the mandatory minimum sentence is necessary for the protection of the public.
Application for hearing
(c)(1) 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.
(2) The court may consider an application after September 30, 2018, only for good cause shown.
(3) The court shall notify the State's Attorney of a request for a hearing.
(4) 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.

Credits

Added by Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.
MD Code, Criminal Law, § 5-609.1, MD CRIM LAW § 5-609.1
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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