Md. Code Regs. 14.22.01.14

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

Section 14.22.01.14 - Mandatory Sentences

A. Statutory Maximums. If the guidelines sentence range exceeds the statutory maximum for a given offense, the statutory maximum is the upper limit of the guidelines range.

B. Mandatory Minimums. If the guidelines range is below the nonsuspendable mandatory minimum, that minimum is the lower limit of the guidelines range.

C. First Degree Murder. The adjusted guidelines range for first degree murder is always a term of "life to life" and should replace the calculated guidelines range.

D. Mandatory Consecutive Sentences. When there is a criminal event with multiple offenses, no more than one seriousness category I or II offense, and the sentence for one of the offenses is statutorily required to run consecutive to the sentence for another offense in the same criminal event, the person completing the sentencing guidelines worksheet shall add the upper limit of the guidelines range for the offense whose sentence is required to run consecutive to another offense to the upper limit of the guidelines range for the eligible other offense to obtain the upper limit of the overall guidelines range. Whenever the sentence for an offense is statutorily required to run consecutive to the sentence for more than one other offense in the criminal event, the person filling out the worksheet shall add the upper limit of the guidelines range for that offense to the upper limit of the guidelines range for the eligible offense with the highest upper guidelines limit. When there is a criminal event with multiple offenses with mandatory consecutive sentences, the upper limit of the overall guidelines range shall equal the sum of the upper limits of the one pair of offenses whose sum is the greatest.

Md. Code Regs. 14.22.01.14

Regulation .14 amended effective March 1, 2008 (35:4 Md. R. 515); amended effective 48:1 Md. R. 10, eff. 2/1/2021; amended effective 50:17 Md. R. 761-784, eff. 2/1/2024; amended effective 51:21 Md. R. 927, eff. 11/1/2024.