EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0318*
SENATE BILL 318
E2 4lr0903
SB 295/23 – JPR CF 4lr0902
By: Senator West
Introduced and read first time: January 12, 2024
Assigned to: Judicial Proceedings
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 2023 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 SE RVING 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 THE PERIOD OF ACTIVE INCARCERATION 19
RECOMMENDING A LESSE R SENTENCE IF IT IS IN THE INTEREST OF J USTICE. 20
(C) THE INDIVIDUAL MAY FI LE A RESPONSE WITHIN 60 DAYS AFTER THE 21
FILING OF THE MOTION PROVIDING ANY ADDITI ONAL INFORMATIO N FOR THE 22
COURT’S CONSIDERATION . 23 2 SENATE BILL 318
(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 INTEREST OF JUSTICE 8
WILL BE BETTER SERVE D BY A REDUCED SENTE NCE. 9
(G) THE COURT MAY CONSIDE R THE FOLLOWING FACT ORS WHEN 10
DETERMINING WHETHER TO REDUCE A SENTENCE UNDER THIS SECTION : 11
(1) THE NATURE OF THE OF FENSE AND THE INDIVI DUAL’S ROLE IN IT; 12
(2) EVIDENCE THAT REFLEC TS WHETHER AGE , TIME SERVED , OR 13
DIMINISHED PHYSICAL CONDITION HAS REDUCE D THE INDIVIDUAL ’S RISK FOR 14
FUTURE OFFENSE ; 15
(3) THE INDIVIDUAL ’S DISCIPLINARY RECOR D; 16
(4) THE INDIVIDUAL ’S RECORD OF REHABILI TATION, EDUCATION, 17
AND VOCATIONAL ACTIVITIE S AND EVIDENCE OF MA TURITY WHILE INCARCE RATED; 18
(5) ANY REPORT OF PHYSIC AL, MENTAL, OR BEHAVIORAL 19
EXAMINATION ON THE I NDIVIDUAL CONDUCTED BY A HEALTH PROFESSI ONAL; 20
(6) THE INDIVIDUAL ’S FAMILY AND COMMUNI TY CIRCUMSTANCES AT 21
THE TIME OF THE OFFENSE AND DURING THE INDIVIDUA L’S INCARCERATION ; 22
(7) A STATEMENT OFFERED BY A VICTIM OR A VIC TIM’S 23
REPRESENTATIVE ; AND 24
(8) ANY OTHER FACTOR THA T THE COURT CONSIDER S RELEVANT. 25
(H) THE COURT SHALL EXPLA IN THE BASIS FOR ITS DECISION TO GRANT OR 26
DENY THE MOTION IN O PEN COURT OR IN A WR ITTEN OPINION. 27
SENATE BILL 318 3
(I) NOTICE OF THE HEARING UNDER SUBSECTION (D) OF THIS SECTION 1
SHALL BE GIVEN TO TH E VICTIM OR THE VICT IM’S REPRESENTATIVE AS PROVIDED 2
IN §§ 11–104 AND 11–503 OF THIS ARTICLE. 3
(J) IF THE COURT DENIES THE MOTI ON, THE STATE’S ATTORNEY MAY NOT 4
FILE A SUBSEQUENT MO TION UNDER THIS SECT ION FOR AT LEAST 3 YEARS. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2024. 7