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2017 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia
Part I - Primary Crimes
§ 5-609.1. Departure from mandatory minimum sentencing.
Universal Citation: MD Crim Law Code § 5-609.1 (2017)
- (a) Application for modification of sentence. -- Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of §§ 5-602 through 5-606 of this subtitle may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4-345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.
- (b) Conditions for modification. -- The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant's chances of successful rehabilitation:
- (1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and
- (2) the mandatory minimum sentence is necessary for the protection of the public.
- (c) Procedure for application for hearing. --
- (1) Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018.
- (2) The court may consider an application after September 30, 2018, only for good cause shown.
- (3) The court shall notify the State's Attorney of a request for a hearing.
- (4) A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5-602 through 5-606 of this subtitle.
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