EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0958*
HOUSE BILL 958
E2 2lr2404
CF 2lr3236
By: Delegate Williams
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Postconviction Review – Motion for Reduction of 2
Sentence 3
FOR the purpose of authorizing a State’s Attorney to file a certain motion for a reduction 4
of sentence at a certain time; establishing procedures for a proceeding under this 5
Act; and generally relating to postconviction review. 6
BY adding to 7
Article – Criminal Procedure 8
Section 8–111 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Procedure 14
8–111. 15
(A) THIS SECTION APPLIES TO ANY INDIVIDUAL S ERVING A SENTENCE OF 16
INCARCERATION . 17
(B) THE STATE’S ATTORNEY MAY FILE A M OTION FOR REDUCTION OF 18
SENTENCE AT ANY TIME DURING T HE PERIOD OF ACTIVE INCARCERATION 19
RECOMMENDING A LESSE R SENTENCE IF IT IS IN THE INTEREST OF J USTICE. 20
(C) THE INDIVIDUAL MAY FILE A RESPONSE WITHIN 60 DAYS AFTER THE 21
FILING OF THE MOTION PROVIDING ANY ADDITI ONAL INFORMATION FOR THE 22
COURT’S CONSIDERATION . 23 2 HOUSE BILL 958
(D) THE COURT SHALL HOLD A TIMELY HEARING ON THE MOTION. 1
(E) (1) THE INDIVIDUAL SHALL BE PRESENT AT THE HE ARING, UNLESS 2
THE INDIVIDUAL WAIVE S THE RIGHT TO BE PR ESENT. 3
(2) THE REQUIREMENT THAT THE INDIVIDUAL BE PR ESENT AT THE 4
HEARING IS SATISFIED IF THE HEARING IS CO NDUCTED BY VIDEO CON FERENCE. 5
(F) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AFTER A HEARING 6
UNDER SUBSECTION (D) OF THIS SECTION, THE COURT MAY REDUCE THE DURATION 7
OF THE SENTENCE IF T HE COURT DETERMINES THAT THE INTERESTS OF JUSTICE 8
WILL BE BETTER SERVE D BY A REDUCED SENTE NCE. 9
(G) THE COURT MAY CONSIDER TH E FOLLOWING FACTORS WHEN 10
DETERMINING WHETHER TO REDUCE A SENTENCE UNDER THIS SECTION : 11
(1) THE INMATE ’S DISCIPLINARY RECOR D AND RECORD OF 12
REHABILITATION AND MATURITY WHILE INCAR CERATED; 13
(2) EVIDENCE THAT REFLEC TS WHETHER AGE , TIME SERVED , OR 14
DIMINISHED PHYSICAL CONDITION HA S REDUCED THE INMATE ’S RISK FOR FUTURE 15
VIOLENCE; AND 16
(3) EVIDENCE THAT REFLEC TS THAT CIRCUMSTANCE S HAVE 17
CHANGED SINCE THE IN MATE’S ORIGINAL CONVICTION A ND SENTENCING SUCH 18
THAT THE INMATE ’S CONTINUED INCARCER ATION IS NO LONGER I N THE INTEREST 19
OF JUSTICE. 20
(H) THE COURT SHALL EXPLAIN THE BASIS FOR ITS DE CISION TO GRANT OR 21
DENY THE MOTION IN O PEN COURT OR IN A WR ITTEN OPINION. 22
(I) NOTICE OF THE HEARING UNDER THIS SUBSECTIO N SHALL BE GIVEN TO 23
THE VICTIM OR THE VI CTIM’S REPRESENTATIVE AS PROVIDED IN §§ 11–104 AND 24
11–503 OF THIS ARTICLE. 25
(J) IF THE COURT DENIES THE MOT ION, THE STATE’S ATTORNEY MAY NOT 26
FILE A SUBSEQUENT MO TION UNDER THIS SECTION FOR AT LEAST 3 YEARS. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2022. 29