Md. Code Regs. 14.22.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.22.01.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adjudication" includes a:

(a) Finding of guilt by a judge or jury;

(b) Plea of guilt by the offender;

(c) Plea of nolo contendere (no contest) by the offender;

(d) Sentence to probation before judgment (PBJ) pursuant to Criminal Procedure Article, § 6-220(b) or 6-220(c), Annotated Code of Maryland; or

(e) Finding of guilt by a general or special court-martial if the elements of the offense constitute an offense under Maryland law and do not require the defendant's service in a military force.

(2) "Adjudication as delinquent" means subsequent to a disposition hearing, a finding that a child has committed a delinquent act and is in need of or requires treatment, guidance, or rehabilitation, pursuant to the definitions and procedures set forth in Courts and Judicial Proceedings Article, §§ 3-8A-01 and 3-8A-19, Annotated Code of Maryland.

(3) "Cell" means the intersection of the offense score (or seriousness category) and the offender score on a two-variable guideline matrix.

(4) Correctional Options.

(a) "Correctional options" means:

(i) Home detention;

(ii) A corrections options program established under law which requires the individual to participate in home detention, inpntieat/residential treatment, or other similar programs involving terms and conditions that constitute the equivalent of confinement;

(iii) Inpatient drug or alcohol counseling under Health General Article, Title 8, Subtitle 5, Annotated Code of Maryland;

(iv) Participation in a problem-solving court, including a drug court, mental health court, family/dependency court, veterans court, or other problem-solving court as defined by the Administrative Office of the Courts' Office of Problem Solving Courts;

(v) A sentence, with required substance abuse treatment, for the possession, administration, obtainment, etc., of controlled dangerous substances (CDS) currently outlined in Criminal Law Article, § 5-601(c), Annotated Code of Maryland, and pursuant to Criminal Law Article, § 5-601(e)(3), Annotated Code of Mary land;

(vi) Work release; or

(vii) Weekend (or other discontinuous) incarceration.

(b) "Corrections options" includes programs established by the Department of Public Safety and Correctional Services (DPSCS) and/or local correctional agencies, if the program meets the Commission's criteria, as described in §B(4)(a) of this regulation.

(5) Departure.

(a) "Departure" means a judicially imposed sentence that falls outside of the recommended sentencing guidelines range.

(b) "Departure" does not include any sentence that complies with at least one of the requirements that deems a sentence to be within the guidelines as set forth in Regulation .17 of this chapter.

(6) "Drug offense" means an offense involving controlled dangerous substances or paraphernalia.

(7) "Economic loss" means for all offenses involving theft and related crimes under Criminal Law Article, Title 7, or fraud and related crimes under Criminal Law Article, Title 8, Annotated Code of Maryland, the amount of restitution ordered by a circuit court judge or, if not ordered, the full amount of restitution that could have been ordered.

(8) "Feigned weapon" means that an individual intentionally created the false impression that there is an actual weapon present, including a finger used to simulate a gun, a written note stating that there is a dangerous weapon present, or a verbal statement that there is a dangerous weapon present.

(9) "Finding of a delinquent act" means a finding of facts sustained at a juvenile adjudicatory hearing, pursuant to the definitions and procedures set forth in Courts and Judicial Proceedings Article, §§ 3-8A-01 and 3-8A-18, Annotated Code of Maryland.

(10) Guidelines Offense.

(a) "Guidelines offense" means an offense prosecuted in a circuit court.

(b) "Guidelines offense" includes the following types of cases:

(i) New trials ordered by appellate courts; and

(ii) Reconsiderations/modifications and three-judge panel reviews involving a crime of violence, as defined in Criminal Law Article, § 14-101, Annotated Code of Maryland, if an adjustment was made to the active, original sentence. Guidelines-eligible reconsiderations/modifications include sentence adjustments imposed pursuant to Maryland Rule 4-345 or a Health-General Article, §8-507, Annotated Code of Maryland, order.

(c) "Guidelines offense" does not include the following types of cases:

(i) Prayers for jury trial from District Court, unless a PSI is ordered;

(ii) Appeals from District Court, unless a PSI is ordered;

(iii) Offenses which carry no possible penalty of incarceration;

(iv) Public local laws and municipal ordinances;

(v) Sentencing hearings in response to a violation of probation;

(vi) Criminal nonsupport and criminal contempt; and

(vii) Cases adjudicated in a juvenile court.

(11) "Guidelines range" means the recommended sentencing range for offenders who fall within a particular cell of the person, drug, and property offense sentencing matrices.

(12) "Judge" means:

(a) The trial judge who imposes or alters a sentence; or

(b) A panel of trial judges who alter a sentence.

(13) "MSCCSP binding plea agreement" means a plea agreement that:

(a) Is presented to the court in agreement by an attorney for the government and the defendant's attorney, or the defendant when proceeding pro se, that a court has approved relating to a particular sentence and disposition;

(b) Includes agreement to a specific amount of active time (if any), not merely a sentence cap or range;

(c) The court has the discretion to accept or reject; and

(d) Is binding on the court under Maryland Rule 4-243 (c) if the court accepts the plea.

(14) "Multiple criminal events" means more than one criminal transaction committed over a period of time. Multiple criminal events being sentenced together may have occurred on the same or different dates. Offenses which occur on different dates are almost always multiple criminal events.

(15) "Offender score" means a summary score ranging from 0 to 9 which:

(a) Measures an offender's prior criminal history; and

(b) Is calculated for use in the person, drug, and property offense sentencing matrices.

(16) "Offense score" means a summary score ranging from 1 to 15 which:

(a) Measures the seriousness of a person offense; and

(b) Is calculated for use in the person offense sentencing matrix.

(17) "Person offense" means:

(a) An offense involving confrontation between the offender and the victim, including offenses with bodily harm or the threat of bodily harm to a victim; or

(b) A weapons offense.

(18) "Property offense" means an offense where property is unlawfully damaged or taken.

(19) "PSI" means a presentence investigation prepared in accordance with Correctional Services Article, § 6-112, Annotated Code of Maryland.

(20) "Sentencing event" means a sentencing disposition or hearing for an individual defendant conducted in front of one judge on the same day.

(21) "Sentencing guidelines worksheet" means the form:

(a) Issued by the Commission on Criminal Sentencing Policy; and

(b) Used to determine the recommended sentence outcome and to record sentencing data.

(22) "Seriousness category" means an offense ranking ranging from I to VII, where I designates the most serious criminal offenses and VII designates the least serious criminal offenses.

(23) "Single criminal event" means one or more crimes committed in the course of the same transaction.

(24) "Special vulnerability of victim" means cases in which the relative status of the victim tends to render the actions of the perpetrator more serious. A vulnerable victim is anyone:

(a) Younger than 11 years old;

(b) 65 years old or older; or

(c) Having a temporary or permanent physical or mental disability, including an individual who is physically or mentally limited in a material way. Examples of a temporary physical or mental limitation include, but are not limited to, instances when the offender knew or should have known the victim was pregnant, unconscious, asleep, or intoxicated.

(25) "Victim injury" means physical or psychological injury to the crime victim, the cause of which is directly linked to the conduct of the defendant in the commission of the offense.

(26) "Weapon presence" means the presence of an article or device which reasonably appears capable of causing injury or the presence of an article that could result in conviction under Criminal Law Article, § 4-101, Annotated Code of Maryland.

(27) "White collar offense" means a property offense, identified as an illegal act or series of illegal acts committed by other than physical means and by concealment or guile to:

(a) Obtain money or property;

(b) Avoid payment or loss of money or property; or

(c) Obtain business or professional advantage.

Md. Code Regs. 14.22.01.02

Regulation .02B amended effective December 24, 2001 (28:25 Md. R. 2193); January 19, 2004 (31:1 Md. R. 31); March 28, 2005 (32:6 Md. R. 636); August 14, 2006 (33:16 Md. R. 1365); January 1, 2008 (34:24 Md. R. 2159); September 1, 2009 (36:17 Md. R. 1313); May 1, 2010 (37:7 Md. R. 575);40:21 Md. R. 1780, eff. 11/1/2013 ; amended effective 43:21 Md. R. 1169, eff. 11/1/2016; amended effective 44:18 Md. R. 866, eff. 10/1/2017; amended effective 45:11 Md. R. 578, eff. 7/1/2018; amended effective 46:11 Md. R. 516, eff. 7/1/2019; amended effective 47:11 Md. R. 560, eff. 7/1/2020; amended effective 48:1 Md. R. 10, eff. 2/1/2021; amended effective 48:6 Md. R. 238, eff. 4/1/2021; amended effective 49:23 Md. R. 997, eff. 11/14/2022; amended effective 51:1 Md. R. 1-62, eff. 2/1/2024