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Rule 4-342 – Sentencing-Procedure

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Statutory Sentencing Procedure. When a defendant has been found guilty of murder in the first degree and the State has given timely notice of intention to seek a sentence of imprisonment for life without the possibility of parole, the court shall conduct a sentencing proceeding, separate from the proceeding at which the defendant’s guilt was adjudicated, as soon as practicable after the trial to determine whether to impose a sentence of imprisonment for life or imprisonment for life without parole.

Cross reference: Code, Criminal Law Article, §§ 2-201, 2-203, and 2-304.

(b) Judge. If the defendant’s guilt is established after a trial has commenced, the judge who presided shall sentence the defendant. If a defendant enters a plea of guilty or nolo contendere before trial, any judge may sentence the defendant except that, the judge who directed entry of the plea shall sentence the defendant if that judge has received any matter, other than a statement of the mere facts of the offense, which would be relevant to determining the proper sentence. This section is subject to the provisions of Rule 4-361.
(c) Presentence Disclosures by the State’s Attorney. Sufficiently in advance of sentencing to afford the defendant a reasonable opportunity to investigate, the State’s Attorney shall disclose to the defendant or counsel any information that the State expects to present to the court for consideration in sentencing. If the court finds that the information was not timely provided, the court shall postpone sentencing.
(d) Notice and Right of Victim to Address the Court.

(1)Notice and Determination. Notice to a victim or a victim’s representative of proceedings under this Rule is governed by Code, Criminal Procedure Article, § 11-104(e). The court shall determine whether the requirements of that section have been satisfied.
(2)Right to Address the Court. The right of a victim or a victim’s representative to address the court during a sentencing hearing under this Rule is governed by Code, Criminal Procedure Article, § 11-403.

Cross reference: See Code, Criminal Procedure Article, §§ 11-103(b) and 11-403(e) concerning the right of a victim or victim’s representative to file an application for leave to appeal under certain circumstances. See Code, Criminal Procedure Article, § 11-103(e) for the right of a victim to file a motion requesting restitution.

(e) Allocution and Information in Mitigation. Before imposing sentence, the court shall afford the defendant the opportunity, personally and through counsel, to make a statement and to present information in mitigation of punishment.
(f) Reasons. The court ordinarily shall state on the record its reasons for the sentence imposed.

Cross reference: For factors related to drug and alcohol abuse treatment to be considered by the court in determining an appropriate sentence, see Code, Criminal Procedure Article, § 6-231. For procedures to commit a defendant who has a drug or alcohol dependency to a treatment program in the Maryland Department of Health as a condition of release after conviction, see Code, Health General Article, § 8-507. For procedures to be followed by the court to depart from a mandatory minimum sentence for certain drug-related offenses, see Code, Criminal Law Article, § 5-609.1.

(g) Credit for Time Spent in Custody. Time spent in custody shall be credited against a sentence pursuant to Code, Criminal Procedure Article, § 6-218.
(h) Advice to the Defendant.

(1) At the time of imposing sentence, the court shall cause the defendant to be advised of:

(A) any right of appeal,
(B) any right of review of the sentence under the Review of Criminal Sentences Act,
(C) any right to move for modification or reduction of the sentence,
(D) any right to be represented by counsel, and
(E) the time allowed for the exercise of these rights.
(2) At the time of imposing a sentence of incarceration for a violent crime as defined in Code, Correctional Services Article, § 7-101 and for which a defendant will be eligible for parole as provided in § 7-301(c) or (d) of the Correctional Services Article, the court shall state in open court the minimum time the defendant must serve for the violent crime before becoming eligible for parole or for conditional release under mandatory supervision pursuant to Code, Correctional Services Article, § 7-501.
(3) The circuit court shall cause the defendant who was sentenced in circuit court to be advised that within ten days after filing an appeal, the defendant must order in writing a transcript from the court reporter.

Cross reference: Code, Criminal Procedure Article, §§ 8-102 –8-109.

Committee note: Code, Criminal Procedure Article, § 6-217 provides that the court’s statement of the minimum time the defendant must serve for the violent crime before becoming eligible for parole is for informational purposes only and may not be considered a part of the sentence, and the failure of a court to comply with this requirement does not affect the legality or efficacy of the sentence imposed.

(i) Terms for Release. On request of the defendant, the court shall determine the defendant’s eligibility for release under Rule 4-349 and the terms for any release.
(j) Restitution from a Parent. If restitution from a parent of the defendant is sought pursuant to Code, Criminal Procedure Article, § 11-604, the State shall serve the parent with notice of intention to seek restitution and file a copy of the notice with the court. The court may not enter a judgment of restitution against the parent unless the parent has been afforded a reasonable opportunity to be heard and to present evidence. The hearing on parental restitution may be part of the defendant’s sentencing hearing.
(k) Recordation of Restitution.

(1)Circuit Court. Recordation of a judgment of restitution in the circuit court is governed by Code, Criminal Procedure Article, §§ 11-608 and 11-609 and Rule 2-601.
(2)District Court. Upon the entry of a judgment of restitution in the District Court, the Clerk of the Court shall send the written notice required under Code, Criminal Procedure Article, § 11-610(e). Recordation of a judgment of restitution in the District Court is governed by Code, Criminal Procedure Article, §§ 11-610 and 11-612 and Rule 3-621.

Cross reference: For procedures pertaining to collection of DNA samples from an individual convicted of a felony or a violation of Code, Criminal Law Article, §§ 6-205 or 6-206, see Code, Public Safety Article, § 2-504.

Md. Crim. Causes. 4-342

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rule 772 b and M.D.R. 772 a.

Section (c) is derived from former Rule 772 c and M.D.R. 772 b.

Section (d) is new.

Section (e) is derived from former Rule 772 d and M.D.R. 772 c.

Section (f) is derived from former Rule 772 e and M.D.R. 772 d.

Section (g) is derived from former Rule 772 f and M.D.R. 772 e.

Section (h) is in part derived from former Rule 772 h and M.D.R. 772 g and in part new.

Section (i) is new.

Section (j) is new.

Section (k) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended July 27, 1987, eff. Aug. 17, 1987; June 28, 1988, eff. July 1, 1988; Nov. 22, 1989, eff. Jan. 1, 1990; Nov. 1, 1991, eff. Jan. 1, 1992; June 8, 1998, eff. Oct. 1, 1998; Oct. 4, 1999, eff. Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; April 5, 2005, eff. July 1, 2005; Nov. 8, 2005, eff. Jan. 1, 2006; May 8, 2007, eff. July 1, 2007; June 16, 2009, eff. June 17, 2009; Sept. 10, 2009, eff. Oct. 1, 2009; March 9, 2010, eff. July 1, 2010; Nov. 1, 2012, eff. Jan. 1, 2013; Dec. 7, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017; Oct. 10, 2017, eff. Jan. 1, 2018.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order amended section (h) to include a new statutory provision requiring advice to a defendant regarding the minimum sentence for conviction of a violent crime; added a committee note following section (h); and amended the source note.

2002 Orders

The January 8, 2002, order, in section (g), substituted “Criminal Procedure Article, § 6-218 ” for “Article 27, § 638C “; amended the cross reference following section (h); amended the committee note following section (h); and, in section (j), in the first sentence, substituted “Criminal Procedure Article, § 11-604 ” for “Article 27, § 807 “.

The October 31, 2002, order, amended the cross reference following section (b); inserted section (e); inserted the cross reference following section (e); redesignated former sections (e) to (j) as sections (f) to (k), respectively; and amended the source note.

2003 Orders

The November 12, 2003, order added section (l), relating to recordation of restitution; deleted the cross reference following section (k); and amended the source note.

2005 Orders

The April 5, 2005, order inserted the cross reference following section (g).

The November 8, 2005, order inserted the cross reference following section (a).

2007 Orders

The May 8, 2007, order amended the cross reference following section (g).

2009 Orders

The June 16, 2009, order, added a statutory reference in section (l)(1).

The September 10, 2009, order, in section (i), substituted “reporter” for “stenographer”.

2010 Orders

The March 9, 2010, order, made stylistic changes to subsec. (i); in subsec. (i)(1)(D), inserted “any right to be represented by counsel,”; and, in subsec. (i)(2), inserted “or for conditional release under mandatory supervision pursuant to Code, Correctional Services Article, § 7-501 “.

2012 Orders

The November 1, 2012, order added a cross reference at the end of section (e).

2015 Orders

The December 7, 2015, order added a cross reference after section (g).

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the “Department of Health and Mental Hygiene” to the “Maryland Department of Health.”

The October 10, 2017, order changed the title of the Rule, deleted section (a), moved the cross reference following section (a) to the end of the Rule, deleted language from new section (a), deleted part of a cross reference after new section (a), made a stylistic correction in section (b), and relettered the Rule.

2018 Orders

The April 9, 2018, order added language to the cross reference following section (f) to conform to Chapter 515, Laws of 2016.