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§ 8-105. Review panel

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 8. Other Postconviction Review (Refs & Annos)
Subtitle 1. In General (Refs & Annos)
MD Code, Criminal Procedure, § 8-105
§ 8-105. Review panel
Composition of review panel
(a) A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located.
Sentencing judge prohibited from being on review panel
(b) Notwithstanding any Maryland Rule, the sentencing judge may not be a member of the review panel, but on request of the sentencing judge, the sentencing judge may sit with the review panel only in an advisory capacity.
Duty of review panel to consider each application for review
(c)(1) A review panel shall consider each application for review of a sentence.
(2) A review panel may require the Division of Parole and Probation to make investigations, reports, and recommendations.
(3) A review panel:
(i) with or without a hearing, may decide that the sentence under review should remain unchanged; or
(ii) after a hearing, may order a different sentence to be imposed or served, including:
1. an increased sentence;
2. subject to § 8-107(c) of this subtitle, a decreased sentence;
3. a suspended sentence to be served wholly or partly; or
4. a sentence to be suspended with or without probation.
(4) In deciding to order a different sentence, the review panel may impose conditions that the review panel considers just and that could have been imposed lawfully by the sentencing court when the sentence was imposed.
Different sentence ordered by review panel
(d) If the review panel orders a different sentence, the review panel shall resentence and notify the defendant in accordance with the order of the panel.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 19, § 1, eff. April 9, 2002.
Formerly Art. 27, §§ 645JA, 645JC.
MD Code, Criminal Procedure, § 8-105, MD CRIM PROC § 8-105
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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