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Terms Used In Maryland Code, CRIMINAL PROCEDURE 6-216

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
(a) (1) A circuit court shall consider:

(i) the sentencing guidelines for ordinary sentences in deciding on the proper sentence; and

(ii) the sentencing guidelines for corrections options in deciding whether to sentence a defendant to a corrections options program or to impose an ordinary sentence.

(2) In deciding whether to sentence a defendant to a corrections options program, the court primarily shall consider the public safety.

(b) The sentencing guidelines may not:

(1) allow for a sentence exceeding the maximum sentence provided by law; or

(2) be used in violation of any mandatory minimum sentence required by law.

(c) (1) If a court prepares a Maryland sentencing guidelines worksheet, the clerk of court shall deliver a copy of the Maryland sentencing guidelines worksheet to the unit that has been ordered by the court to retain custody of the defendant.

(2) The copy shall be delivered with the commitment order or as soon as practicable after issuance of the commitment order.

(3) The Parole Commission shall review a Maryland sentencing guidelines worksheet to ensure compliance with the requirements of Title 7 of the Correctional Services Article.