Maryland Code, CORRECTIONAL SERVICES 6-112
Terms Used In Maryland Code, CORRECTIONAL SERVICES 6-112
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(i) provide the court with a presentence investigation report;
(ii) conduct other investigations; and
(iii) perform other probationary services.
(2) Except on court order, a presentence investigation report is confidential and is not available for public inspection.
(3) On request, a presentence investigation report shall be made available to:
(i) the defendant;
(ii) the defendant’s attorney;
(iii) the State’s Attorney;
(iv) a correctional facility;
(v) a parole, probation, or pretrial release official of this State, any other state, or the United States;
(vi) a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or
(vii) a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation.
(b) (1) If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before:
(i) sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or
(ii) referring a defendant to the Patuxent Institution.
(2) The party that requests the report has the burden of establishing that the investigation should be ordered.
(3) If required under § 11-402 of the Criminal Procedure Article, the report shall include a victim impact statement.
(4) If the defendant has been convicted of a felony or misdemeanor that is related to the defendant’s membership in a criminal organization, as defined in § 9-801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant.
(c) (1) The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2-203 of the Criminal Law Article.
(2) The report shall include a victim impact statement as provided under § 11-402 of the Criminal Procedure Article.
(3) The court or jury before which the separate sentencing proceeding is conducted under § 2-304 of the Criminal Law Article shall consider the report.