Maryland 2025 Regular Session

Maryland Senate Bill SB141 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0141
6	6
7	7	SENATE BILL 141
8	8	E2 5lr1255
9	9	SB 389/24 – JPR (PRE–FILED)
10	10	By: Senator West
11	11	Requested: October 17, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Criminal Procedure – Incarcerated Seniors – Motion to Reduce the Duration of 2
20	20	a Sentence 3
21	21
22	22	FOR the purpose of authorizing a certain individual to file a motion to reduce the duration 4
23	23	of the individual’s sentence; requiring the court to conduct a hearing on a motion to 5
24	24	reduce the duration of a sentence, subject to a certain exception; requiring a court to 6
25	25	consider certain factors in determining whether to grant a motion to reduce the 7
26	26	duration of a sentence; and generally relating to motions to reduce the duration of 8
27	27	an individual’s sentence. 9
28	28
29	29	BY adding to 10
30	30	Article – Criminal Procedure 11
31	31	Section 8–111 12
32	32	Annotated Code of Maryland 13
33	33	(2018 Replacement Volume and 2024 Supplement) 14
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36	36	That the Laws of Maryland read as follows: 16
37	37
38	38	Article – Criminal Procedure 17
39	39
40	40	8–111. 18
41	41
42	42	(A) THIS SECTION APPLIES ONLY TO AN INDIVIDUAL W HO: 19
43	43
44	44	(1) IS AT LEAST 60 YEARS OLD; AND 20
45	45
46	46	(2) HAS BEEN IMPRISONED FOR AT LEAST 20 YEARS. 21
47	47	2 SENATE BILL 141
48	48
49	49
50	50	(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION MAY 1
51	51	FILE A MOTION WITH T HE COURT TO REDUCE T HE DURATION OF ANY S ENTENCE 2
52	52	THAT THE INDIVIDUAL IS CURREN TLY SERVING AND ANY CONSECUTIVE SENTENCE . 3
53	53
54	54	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , A 4
55	55	COURT SHALL CONDUCT A HEARING ON A MOTIO N TO REDUCE THE DURA TION OF A 5
56	56	SENTENCE. 6
57	57
58	58	(2) (I) THE INDIVIDUAL SHALL BE PRESENT AT THE HEARING , 7
59	59	UNLESS THE INDIVIDUA L WAIVES THE RIGHT T O BE PRESENT. 8
60	60
61	61	(II) THE REQUIREMENT THAT THE INDIVIDUAL BE PR ESENT AT 9
62	62	THE HEARING IS SATIS FIED IF THE HEARING IS CONDUCTED BY VIDE O CONFERENCE . 10
63	63
64	64	(3) (I) THE INDIVIDUAL MAY IN TRODUCE EVIDENCE IN SUPPORT 11
65	65	OF THE MOTION AT THE HEARING. 12
66	66
67	67	(II) THE STATE MAY INTRODUCE E VIDENCE IN SUPPORT O F OR 13
68	68	IN OPPOSITION TO THE MOTION AT THE HEARIN G. 14
69	69
70	70	(4) NOTICE OF THE HEARING UNDER THIS SUBSECTIO N SHALL BE 15
71	71	GIVEN TO THE VICTIM OR THE VICTIM ’S REPRESENTATIVE AS PROVIDED IN §§ 16
72	72	11–104 AND 11–503 OF THIS ARTICLE. 17
73	73
74	74	(5) IF THE COURT HAS PREV IOUSLY CONDUCTED A H EARING AND 18
75	75	RULED ON A PRIOR MOT ION UNDER THIS SECTI ON OR § 8–110 OF THIS SUBTITLE 19
76	76	WITHIN THE PRECEDING 5 YEARS, THE COURT MAY : 20
77	77
78	78	(I) IF GOOD CAUSE IS SHO WN, CONDUCT A HEARING ; OR 21
79	79
80	80	(II) IF GOOD CAUSE IS NOT SHOWN, DENY THE MOTION WITH OUT 22
81	81	CONDUCTING A HEARING . 23
82	82
83	83	(D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AFTER A HEARING 24
84	84	UNDER SUBSECTION (C) OF THIS SECTION, THE COURT MAY REDUCE THE DURATION 25
85	85	OF A SENTENCE OF AN INDIVIDUAL DESCRIBED IN SUBSECT ION (A) OF THIS SECTION 26
86	86	IF THE COURT DETERMI NES THAT: 27
87	87
88	88	(1) THE INDIVIDUAL IS NO T A DANGER TO THE PU BLIC; AND 28
89	89
90	90	(2) THE INTERESTS OF JUS TICE WILL BE BETTER SERVED BY A 29
91	91	REDUCED SENTENCE . 30
92	92	SENATE BILL 141 3
93	93
94	94
95	95	(E) IF APPLICABLE TO THE INDIVIDUAL AND PRESEN TED TO THE COURT , A 1
96	96	COURT SHALL CONSIDER THE FOLLOWING FACTOR S WHEN DETERMINING W HETHER 2
97	97	TO REDUCE THE DURATI ON OF A SENTENCE UND ER THIS SECTION: 3
98	98
99	99	(1) THE INDIVIDUAL ’S AGE AT THE TIME TH E MOTION IS FILED; 4
100	100
101	101	(2) THE NATURE OF THE OF FENSE AND THE HISTORY A ND 5
102	102	CHARACTERISTICS OF T HE INDIVIDUAL; 6
103	103
104	104	(3) WHETHER THE INDIVIDU AL HAS SUBSTANTIALLY COMPLIED WITH 7
105	105	THE RULES OF THE INS TITUTION IN WHICH TH E INDIVIDUAL HAS BEE N CONFINED; 8
106	106
107	107	(4) WHETHER THE INDIVIDU AL HAS COMPLETED AN EDUCATIONAL , 9
108	108	VOCATIONAL, OR OTHER PROGRAM ; 10
109	109
110	110	(5) WHETHER THE INDIVIDU AL HAS DEMONSTRATED MATURITY, 11
111	111	REHABILITATION , AND FITNESS TO REENT ER SOCIETY SUFFICIEN T TO JUSTIFY A 12
112	112	SENTENCE REDUCTION ; 13
113	113
114	114	(6) ANY STATEMENT OFFERE D BY A VICTIM OR A V ICTIM’S 14
115	115	REPRESENTATIVE ; 15
116	116
117	117	(7) ANY REPORT OF A PHYSICAL , MENTAL, OR BEHAVIORAL 16
118	118	EXAMINATION OF THE I NDIVIDUAL CONDUCTED BY A HEALTH PROFESSI ONAL; 17
119	119
120	120	(8) THE INDIVIDUAL ’S FAMILY AND COMMUNI TY CIRCUMSTANCES AT 18
121	121	THE TIME OF THE OFFE NSE, INCLUDING ANY HISTOR Y OF TRAUMA; 19
122	122
123	123	(9) THE REDUCTION IN R ECIDIVISM THAT GENER ALLY OCCURS AS 20
124	124	PEOPLE AGE; AND 21
125	125
126	126	(10) ANY OTHER FACTOR THAT THE COURT DEEMS RELE VANT. 22
127	127
128	128	(F) (1) IF THE COURT HOLDS A HEARING ON A MOTION UNDER THIS 23
129	129	SECTION, THE COURT SHALL ISSU E ITS DECISION TO GR ANT OR DENY THE MOTI ON 24
130	130	IN WRITING OR ON THE RECORD IN OPE N COURT. 25
131	131
132	132	(2) (I) THE DECISION SHALL AD DRESS THE FACTORS LI STED IN 26
133	133	SUBSECTION (E) OF THIS SECTION. 27
134	134
135	135	(II) IF THE COURT DETERMIN ES THAT A FACTOR LIS TED IN 28
136	136	SUBSECTION (E) OF THIS SECTION IS N OT APPLICABLE TO THE INDIVIDUAL OR 29 4 SENATE BILL 141
137	137
138	138
139	139	EVIDENCE SUPPORTING THE FACTO R IS NOT PRESENTED T O THE COURT , THE 1
140	140	COURT SHALL MAKE NOT E OF THE FACTORS NOT CONSIDERED IN ITS DECISION. 2
141	141
142	142	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
143	143	October 1, 2025. 4
144	144