- (a) A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located.
- (b) Notwithstanding any Maryland Rule, the sentencing judge may not be a member of the review panel, but on request of the sentencing judge, the sentencing judge may sit with the review panel only in an advisory capacity.
(c)
- (1) A review panel shall consider each application for review of a sentence.
- (2) A review panel may require the Division of Parole and Probation to make investigations, reports, and recommendations.
(3) A review panel:
- (i) with or without a hearing, may decide that the sentence under review should remain unchanged; or
(ii) after a hearing, may order a different sentence to be imposed or served, including:
- 1. an increased sentence;
- 2. subject to § 8-107(c) of this subtitle, a decreased sentence;
- 3. a suspended sentence to be served wholly or partly; or
- 4. a sentence to be suspended with or without probation.
- (4) In deciding to order a different sentence, the review panel may impose conditions that the review panel considers just and that could have been imposed lawfully by the sentencing court when the sentence was imposed.
- (d) If the review panel orders a different sentence, the review panel shall resentence and notify the defendant in accordance with the order of the panel.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 19, § 1, eff. April 9, 2002.
Formerly Art. 27, §§ 645JA, 645JC.