Guild

Minutes - May 8, 2000

Maryland State Commission on Criminal Sentencing Policy
House Judiciary Committee Room
Lowe Office Building
Annapolis, Maryland
May 8, 2000
 
 
Commission Members in Attendance:
Butler
Curran
Davis
Doory
Iamele
Kelley
Marshall
McLendon
Mitchell, D.
Sonner
Stanton
Themelis
Wellford
Ted Wieseman for Commissioner Harris
Robert Gibson for Secretary Simms
 
Staff Members in Attendance:
Michael Connelly
 
 
Judge Sonner called the meeting to order and had Dr. Connelly call the roll. Having established a quorum, Judge Sonner received from Senator Kelley a motion for adoption of the minutes of the April 2000 meeting, which were approved by unanimous consent.

Dr. Connelly gave the Executive Director=s report. He noted items in the meeting packet, including the revised membership directory, and announced that three people had been hired as staff, to be introduced at the June meeting. He announced that he had met with staff of the state Alternative Dispute Resolution agency concerning possible applications of ADR to corrections options; he also said that, unless Commissioners disapproved, staff would pursue possible research to determine if enough mediable felony offenses existed at the circuit court level to justify extension of ADR into current corrections options consideration.

Dr. Connelly informed the Commission of coming staff meetings with the state Conference of Circuit Judges, officials of the state Division of Parole & Probation, and Senator Van Hollen, as well as his and Senator Kelley=s upcoming participation in an NIJ sentencing conference in June. He further noted proposed contracting to upgrade the Commission web site and also the investigation of a Montgomery County newspaper into the current sentencing practices of individual judges. The Commission reaffirmed its intent not to address the latter issue at this time.

Under Sentencing Guidelines consideration, Dr. Wellford informed the Commission that the Sentencing Guidelines Subcommittee had reaffirmed that the guidelines were voluntary and not to be patterned after the federal system. Judge Themelis had raised the issue before the Sentencing Guidelines Subcommittee and argued that the guidelines should be completely descriptive. Dr. Wellford stated that the voluntary guidelines were to be guided by the past experiences of judges as the first grounds for sentencing recommendations and then by general principles previously developed by the Commission and by the legislature, such as concerns for prison capacity or corrections options. The Commission agreed with Dr. Wellford=s summary of guiding principles. Senator Kelley noted that the previous Sentencing Commission had carefully distinguished between descriptive, prescriptive, and presumptive guidelines and had pushed for descriptive guidelines influenced prescriptively by key general principles, as Dr. Wellford had described. Commissioner McLendon agreed with Senator Kelley that the voice of the guidelines was greater than simply descriptive.

The Commission accepted by consensus the Table B-1 of offense level classifications of new and unassigned existing offenses as recommended by the Sentencing Guidelines Subcommittee. It then moved to deliberation and vote on the offenses in Table B-2 on which the subcommittee had not reached consensus. The actions taken on each offense are detailed below:

 
 
Unassigned Offenses Speaking on: Motion on Seriousness Level Vote
5B Brennan, McLendon, Butler, Curran, Vallario, Iamele, Doory V
VI
6-7
8-5
26B   VI voice
27B Brennan, Butler, McLendon V voice
36B Butler, Brennan VI voice
42B   V consensus
51B McLendon, Kelley, Mitchell VII voice
55B Brennan, Mitchell, Vallario, Kelley II voice
57B   VII consensus
59B   VII consensus
65B Butler, Kelley, McLendon, Brennan VI, made Aperson@ voice
66B   VI, made Aperson@ voice
76B   VII consensus
79B Butler, Brennan, Iamele, McLendon III, made Aperson@ voice
84B McLendon, Butler VII 8-5
85B   VII consensus
88B   VII consensus
103B Butler, Brennan, Doory III, made Aperson@ voice
105B   VII consensus
 
 
The Commission agreed that Table B-2, as revised after the votes, should be added to Tables A and B-1 for dissemination for feedback from state practitioners (judges, prosecutors, public defenders, defense bar). Senator Kelley recommended that the dissemination include a cover letter explaining that the resulting Table was preliminary and would receive continuing work by the Commission on offenses needing correction or revision and offenses to be recommended to the Article 27 Committee for reconsideration of offense levels.

Under New Business, Commissioner Butler recommended that continued Commission review of offenses include consideration of proper offense designation into Aperson@ or Aproperty@ categories. Dr. Connelly noted that Sentencing Guidelines Subcommittee members had received with their packets of materials a table of existing offenses to be reconsidered. Dr. Connelly then verified that the next Commission meeting would be at the regularly scheduled June 5 date, pending action by the Sentencing Guidelines Subcommittee.

Without objection, Judge Sonner adjourned the meeting.

 

Back to Top  |  Minutes Index
 

 

 

Home News & Information Meetings Commission Guidelines Data Resources Reports Guidelines Offense Table Guidelines Manual Submit an order for Guidelines Worksheets FAQs COMAR Regulations Automated Sentencing guidelines System