Md. Code Ann., Crim. Proc. § 8-110
Minor convicted as an adult; procedure to reduce duration of sentence
Effective Oct 1, 2025Added by Acts 2021, c. 61, § 1, eff. Oct. 1, 2021. Amended by Acts 2025, c. 96, § 1, eff. Oct. 1, 2025.State of Maryland
(a) This section applies only to an individual who:
(1)
- (i) was convicted as an adult for an offense committed when the individual was a minor;
- (ii) was sentenced for the offense before October 1, 2021; and
- (iii) has been imprisoned for at least 20 years for the offense; or
(2)
- (i) was convicted of an offense committed when the individual was at least 18 years old but younger than 25 years old;
- (ii) was not sentenced to life without the possibility of parole;
- (iii) is not a sex offender, as defined in § 11-701 of this article;
- (iv) has been imprisoned for at least 20 years for the offense; and
- (v) was not convicted of murder involving a victim who was a first responder, as defined in § 18-213.2 of the Health--General Article, who was killed in the line of duty.
(b)
- (1) An individual described in subsection (a) of this section may file a motion with the court to reduce the duration of the sentence.
- (2) A court shall conduct a hearing on a motion to reduce the duration of a sentence.
(3)
- (i) The individual shall be present at the hearing, unless the individual waives the right to be present.
- (ii) The requirement that the individual be present at the hearing is satisfied if the hearing is conducted by video conference.
(4)
- (i) The individual may introduce evidence in support of the motion at the hearing.
- (ii) The State may introduce evidence in support of or in opposition to the motion at the hearing.
(5)
- (i) Notice of the hearing under this subsection shall be given to the victim or the victim's representative as provided in §§ 11-104 and 11-503 of this article.
- (ii) A victim or victim's representative may submit a victim impact statement to the court regarding the impact of the crime and the proposed sentence reduction.
- (iii) A victim may not be cross-examined when presenting a victim impact statement under this section.
(c) Notwithstanding any other provision of law, after a hearing under subsection (b) of this section, the court may reduce the duration of the sentence if the court determines that:
- (1) the individual is not a danger to the public; and
- (2) the interests of justice will be better served by a reduced sentence.
(d) A court shall consider the following factors when determining whether to reduce the duration of a sentence under this section:
- (1) the individual's age at the time of the offense;
- (2) the nature of the offense and the history and characteristics of the individual;
- (3) whether the individual has substantially complied with the rules of the institution in which the individual has been confined;
- (4) whether the individual has completed an educational, vocational, or other program;
- (5) whether the individual has demonstrated maturity, rehabilitation, and fitness to reenter society sufficient to justify a sentence reduction;
- (6) any statement offered by a victim or a victim's representative;
- (7) any report of a physical, mental, or behavioral examination of the individual conducted by a health professional;
- (8) the individual's family and community circumstances at the time of the offense, including any history of trauma, abuse, or involvement in the child welfare system;
- (9) the extent of the individual's role in the offense and, if the individual was a minor at the time of the offense, whether and to what extent an adult was involved in the offense;
- (10) the diminished culpability of a juvenile as compared to an adult, including an inability to fully appreciate risks and consequences, if applicable; and
- (11) any other factor the court deems relevant.
(e)
- (1) The court shall issue its decision to grant or deny a motion to reduce the duration of a sentence in writing.
- (2) The decision shall address the factors listed in subsection (d) of this section.
(3)
- (i) The court shall order an individual to stay away from and refrain from contact with a victim and victim's family if the individual is released, unless the victim requests otherwise.
- (ii) The court may impose any other conditions of release necessary to promote victim safety and peace of mind.
(f)
- (1) If the court denies or grants, in part, a motion to reduce the duration of a sentence under this section, the individual may not file a second motion to reduce the duration of that sentence for at least 3 years.
- (2) If the court denies or grants, in part, a second motion to reduce the duration of a sentence, the individual may not file a third motion to reduce the duration of that sentence for at least 3 years.
- (3) With regard to any specific sentence, an individual may not file a fourth motion to reduce the duration of the sentence.
Added by Acts 2021, c. 61, § 1, eff. Oct. 1, 2021. Amended by Acts 2025, c. 96, § 1, eff. Oct. 1, 2025.