§ 11-402. Inclusion of victim impact statement in presentence investigation
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Criminal Procedure, § 11-402
§ 11-402. Inclusion of victim impact statement in presentence investigation
(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:
(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.
(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.
(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.
(e) A victim impact statement for a crime or delinquent act shall:
(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
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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