2019 Maryland Code
Criminal Procedure
Title 11 - Victims and Witnesses
Subtitle 4 - Sentencing Procedures
§ 11-402. Victim impact statement in presentence investigation

    (a)    A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if:

        (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.