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§ 8-110. Minor convicted as an adult; procedure to reduce duration of sentence

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2021

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 8. Other Postconviction Review (Refs & Annos)
Subtitle 1. In General (Refs & Annos)
Effective: October 1, 2021
MD Code, Criminal Procedure, § 8-110
§ 8-110. Minor convicted as an adult; procedure to reduce duration of sentence
Application of section
(a) This section applies only to an individual who:
(1) was convicted as an adult for an offense committed when the individual was a minor;
(2) was sentenced for the offense before October 1, 2021; and
(3) has been imprisoned for at least 20 years for the offense.
In general
(b)(1) An individual described in subsection (a) of this section may file a motion with the court to reduce the duration of the sentence.
(2) A court shall conduct a hearing on a motion to reduce the duration of a sentence.
(3)(i) The individual shall be present at the hearing, unless the individual waives the right to be present.
(ii) The requirement that the individual be present at the hearing is satisfied if the hearing is conducted by video conference.
(4)(i) The individual may introduce evidence in support of the motion at the hearing.
(ii) The State may introduce evidence in support of or in opposition to the motion at the hearing.
(5) Notice of the hearing under this subsection shall be given to the victim or the victim's representative as provided in §§ 11-104 and 11-503 of this article.
Considerations before court determines to reduce sentence
(c) Notwithstanding any other provision of law, after a hearing under subsection (b) of this section, the court may reduce the duration of a sentence imposed on an individual for an offense committed when the individual was a minor if the court determines that:
(1) the individual is not a danger to the public; and
(2) the interests of justice will be better served by a reduced sentence.
Factors to consider when determining whether to reduce sentence
(d) A court shall consider the following factors when determining whether to reduce the duration of a sentence under this section:
(1) the individual's age at the time of the offense;
(2) the nature of the offense and the history and characteristics of the individual;
(3) whether the individual has substantially complied with the rules of the institution in which the individual has been confined;
(4) whether the individual has completed an educational, vocational, or other program;
(5) whether the individual has demonstrated maturity, rehabilitation, and fitness to reenter society sufficient to justify a sentence reduction;
(6) any statement offered by a victim or a victim's representative;
(7) any report of a physical, mental, or behavioral examination of the individual conducted by a health professional;
(8) the individual's family and community circumstances at the time of the offense, including any history of trauma, abuse, or involvement in the child welfare system;
(9) the extent of the individual's role in the offense and whether and to what extent an adult was involved in the offense;
(10) the diminished culpability of a juvenile as compared to an adult, including an inability to fully appreciate risks and consequences; and
(11) any other factor the court deems relevant.
Court’s decision in writing; contents
(e)(1) The court shall issue its decision to grant or deny a motion to reduce the duration of a sentence in writing.
(2) The decision shall address the factors listed in subsection (d) of this section.
Timing of second and third motion to reduce sentence
(f)(1) If the court denies or grants, in part, a motion to reduce the duration of a sentence under this section, the individual may not file a second motion to reduce the duration of that sentence for at least 3 years.
(2) If the court denies or grants, in part, a second motion to reduce the duration of a sentence, the individual may not file a third motion to reduce the duration of that sentence for at least 3 years.
(3) With regard to any specific sentence, an individual may not file a fourth motion to reduce the duration of the sentence.

Credits

Added by Acts 2021, c. 61, § 1, eff. Oct. 1, 2021.
MD Code, Criminal Procedure, § 8-110, MD CRIM PROC § 8-110
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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