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Rule 4-351 – Commitment Record

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Content. When a person is convicted of an offense and sentenced to imprisonment, the clerk shall deliver or transmit to the officer into whose custody the defendant has been placed a commitment record containing:

(1) The name and date of birth of the defendant;
(2) The docket reference of the action and the name of the sentencing judge;
(3) The offense and each count for which the defendant was sentenced;
(4) The sentence for each count, the date the sentence was imposed, the date from which the sentence runs, and any credit allowed to the defendant by law;
(5) A statement whether sentences are to run concurrently or consecutively and, if consecutively, when each term is to begin with reference to termination of the preceding term or to any other outstanding or unserved sentence;
(6) the details or a copy of any order or judgment of restitution; and
(7) the details or a copy of any request for victim notification.

Cross reference: See Code, Criminal Procedure Article, § 6-216(c) concerning Maryland Sentencing Guidelines Worksheets prepared by a court. See Code, Criminal Procedure Article, § 11-104(g) for notification procedures for victims. See Code, Criminal Procedure Article, § 11-607 for procedures concerning compliance with restitution judgments.

(b) Effect of Error. An omission or error in the commitment record or other failure to comply with this Rule does not invalidate imprisonment after conviction.

Md. Crim. Causes. 4-351

This Rule is derived from former Rule 777 and M.D.R. 777.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 20, 1999, eff. July 1, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Sept. 10, 2009, eff. Oct. 1, 2009; Oct. 10, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order amended the cross reference following section (a).

The October 31, 2002, order added subsec. (a)(6), related to restitution orders and judgments.

2009 Orders

The September 10, 2009, order amended the cross reference following section (a)(6).

2018 Orders

The October 10, 2018 order added the language “or transmit to section (a), corrected a cross reference after subsection (a)(6), and added a new subsection (a)(7) pertaining to delivery to the custodial officer of any request for victim notification.