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§ 11-402. Inclusion of victim impact statement in presentence investigation

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

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 4. Sentencing Procedures (Refs & Annos)
Effective: October 1, 2017
MD Code, Criminal Procedure, § 11-402
§ 11-402. Inclusion of victim impact statement in presentence investigation
Actions causing physical, psychological, economic injury, or death to victim
(a) A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if:
(1) the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or
(2) the defendant caused serious physical injury or death to the victim in committing a misdemeanor.
Preparation of victim impact statement separate from presentence or predisposition investigation
(b) If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules.
Submission of victim impact statement to court in transfer hearing
(c)(1) The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim's right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article.
(2) This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court.
(3) The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article.
Court consideration of victim impact statement
(d) The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title.
Contents of victim impact statement
(e) A victim impact statement for a crime or delinquent act shall:
(1) identify the victim;
(2) itemize any economic loss suffered by the victim;
(3) identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
(4) describe any change in the victim's personal welfare or familial relationships;
(5) identify any request for psychological services initiated by the victim or the victim's family;
(6) identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent, including a request for electronic monitoring or electronic monitoring with victim stay-away alert technology; and
(7) contain any other information related to the impact on the victim or the victim's family that the court requires.
Deceased or disabled victims
(f) If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim's representative.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001; Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2017, c. 643, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, § 781.
MD Code, Criminal Procedure, § 11-402, MD CRIM PROC § 11-402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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