Md. Code Regs. 14.22.01.07

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

Section 14.22.01.07 - Case Information

A. The top section of the sentencing guidelines worksheet contains:

(1) The offender's name, State Identification (SID) number, sex, race, ethnicity, and birth date;

(2) Jurisdiction where the case was tried;

(3) Whether or not a PSI was available;

(4) Dates of offense and sentencing;

(5) Number of offenses and criminal events at the sentencing being reported;

(6) The number of the worksheet and criminal event;

(7) Disposition type, modification to COV sentences, and representation;

(8) The title of the instant offense and its seriousness category (I-VII), Maryland State Criminal Charge Code (commonly known as a "CJIS" code), and Annotated Code of Maryland article and section number or common law reference;

(9) Statutory maximum and mandatory minimum penalties;

(10) The case or docket number;

(11) Whether or not victim-related court costs were imposed.

B. Jurisdiction Code. The individual completing the worksheet shall use the following numeric codes for the jurisdiction in which the defendant was tried on the guidelines worksheet:

(1) Allegany County = 1;

(2) Anne Arundel County = 2;

(3) Baltimore City = 24;

(4) Baltimore County = 3;

(5) Calvert County = 4;

(6) Caroline County = 5;

(7) Carroll County = 6;

(8) Cecil County = 7;

(9) Charles County = 8;

(10) Dorchester County = 9;

(11) Frederick County = 10;

(12) Garrett County = 11;

(13) Harford County = 12;

(14) Howard County = 13;

(15) Kent County = 14;

(16) Montgomery County = 15;

(17) Prince George's County = 16;

(18) Queen Anne's County = 17;

(19) St. Mary's County = 18;

(20) Somerset County = 19;

(21) Talbot County = 20;

(22) Washington County = 21;

(23) Wicomico County = 22;

(24) Worcester County = 23.

C. Offenses

(1) The individual completing the worksheet shall record the total number of offenses for which a judge may impose a sentence in the space provided on the worksheet.

(2) Offenses considered as merged may not be placed on the worksheet and may not be considered in any of the worksheet computations.

D. Number of Criminal Events. The individual completing the worksheet shall write the total number of criminal events for which a defendant is being sentenced in the space for the number of criminal events at the sentencing.

E. Page Numbering of Worksheets.

(1) Multiple worksheets may be required for a single sentencing event. The individual completing the worksheets shall number each worksheet consecutively in the space provided for worksheet number.

(2) If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall maintain a separate count of worksheets for each criminal event.

(3) If a sentencing event consists of more than one criminal event, the individual completing the worksheets shall number the criminal events chronologically by date of offense.

F. Offense Title. The individual completing the worksheet shall write the offense titles and their corresponding Annotated Code of Maryland references or a reference to the common law in the space provided.

G. Signatures. The judge and the individual or individuals completing the worksheet shall sign at the bottom of the worksheet in the space provided.

H. Disposition Type.

(1) The disposition type refers to the nature and circumstances of the adjudication and sentencing.

(2) The individual completing the worksheet shall indicate on the worksheet whether the disposition resulted from:

(a) An MSCCSP binding plea agreement;

(b) Another plea with agreement;

(c) A plea without agreement from the prosecutor or judge regarding the terms of the plea;

(d) A court trial; or

(e) A trial by jury.

(3) The judge shall ensure that the disposition type box is marked.

I. Reconsideration or Review. The individual completing the worksheet shall indicate on the worksheet whether the sentence was a reconsideration for a crime of violence, as defined in Criminal Law Article, § 14-101, Annotated Code of Maryland, a three-judge panel review, or neither.

J. Representation. In the box labeled "Representation", the individual completing the worksheet shall indicate the type of legal representation the defendant received in the case.

K. Victim Information. The individual completing the worksheet shall provide the victim information requested in the designated space on the worksheet. The information requested includes:

(1) Whether there was a victim in this offense;

(2) Whether the victim participated in the sentencing process;

(3) Whether the victim filed a Crime Victim Notification and Demand for Rights form;

(4) Whether the victim was notified of a plea agreement;

(5) Whether the victim was notified of and present at the sentencing;

(6) Whether there was a written or an oral Victim Impact Statement (VIS);

(7) Whether the victim or State requested that the defendant have no contact with the victim; and

(8) Whether the judge ordered that the defendant have no contact with the victim.

L. Annotated Code of Maryland, Article and Section.

(1) The individual completing the worksheet shall identify the Annotated Code of Maryland reference for each offense. The reference shall include the name or number of the article, the section number, and any subsection letters or numbers. If the substantive offense and the penalty for the offense are in separate sections or subsections, they shall both be referenced.

(2) "Common Law" shall be written in this space if the source of the offense is the common law. Some common law offenses have penalty provisions in the Annotated Code of Maryland. In these cases, the Code reference shall also be included.

M. CJIS Code. The individual completing the worksheet shall record in the designated space the CJIS code that corresponds to the offense. The CJIS codes can be found in COMAR 14.22.02.02.I f there are multiple CJIS codes for a listed offense and it is not known which code corresponds to the specific offense conduct, the space can be left blank.

N. Statutory Maximum and Mandatory Minimum Penalties.

(1) The maximum penalty prescribed for each offense shall be recorded in the designated space on the worksheet.

(2) If the offense carries a nonsuspendable mandatory minimum penalty, that penalty shall be recorded in the designated space on the worksheet.

O. Economic Loss. In the area labeled "Actual Sentence", the individual completing the worksheet shall record in the designated space the dollar amount of the economic loss or mark "unknown amount" 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.

P. Record of Announcement. The court shall make a record of the statement in open court required under Criminal Procedure Article, § 6-217, Annotated Code of Maryland, of the minimum time the defendant must serve before becoming eligible for parole.

Md. Code Regs. 14.22.01.07

Regulation .07A amended and I_M adopted effective July 7, 2003 (30:13 Md. R. 854)
Regulation .07A, J amended effective November 1, 2010 (37:21 Md. R. 1437); November 1, 2012 (39:20 Md. R. 1307)
Regulation .07A, M amended effective March 1, 2008 (35:4 Md. R. 515)
Regulation .07H amended effective January 19, 2004 (31:1 Md. R. 31); September 1, 2009 (36:17 Md. R. 1313)
Regulation .07N, O adopted effective January 19, 2004 (31:1 Md. R. 31)
Regulation .07N amended effective March 28, 2005 (32:6 Md. R. 636); amended effective 46:11 Md. R. 516, eff. 7/1/2019; 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