Maryland Code, CRIMINAL PROCEDURE 11-402
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-402
- Adult: means an individual at least 18 years old. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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.
(1) the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or
(2) the defendant caused serious physical injury or death to the victim in committing a misdemeanor.
(b) If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules.
(c) (1) The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim’s right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article.
(2) This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court.
(3) The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article.
(d) The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title.
(e) A victim impact statement for a crime or delinquent act shall:
(1) identify the victim;
(2) itemize any economic loss suffered by the victim;
(3) identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
(4) describe any change in the victim’s personal welfare or familial relationships;
(5) identify any request for psychological services initiated by the victim or the victim’s family;
(6) identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent, including a request for electronic monitoring or electronic monitoring with victim stay-away alert technology; and
(7) contain any other information related to the impact on the victim or the victim’s family that the court requires.
(f) If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim’s representative.