Maryland SCCSP: Commission > Origin & Purpose

Origin and Purpose

In the spring of 1996 the Maryland legislature created the Commission on Criminal Sentencing Policy and charged it with the important task of evaluating the state's sentencing and correctional laws and policies. Chapter 563 of the 1996 laws directed the Commission to make recommendations to the Governor and the General Assembly regarding key aspects of sanctioning policy in a report to be submitted on or before September 30, 1997. Specific directives to the Commission were the following:

Recommend whether descriptive sentencing guidelines should be retained by the state as a sentencing structure, either in their current form or in a modified form;
Recommend whether the state should adopt guided discretion sentencing guidelines and, if so, what type of guided discretion sentencing guidelines should be adopted;
Recommend whether the state should retain parole as a correctional option or eliminate parole for all inmates or any particular category of inmates;
Recommend whether the state should increase the minimum portion of a sentence that must be served by all inmates or any particular category of inmates;
Recommend whether the state should eliminate good time credits or otherwise alter the manner in which an inmate may obtain release on mandatory supervision;
Recommend whether the state needs to take action to ensure that there is a coordinated system of correctional option programs at the state and county levels and, if so, what action should be taken; and
Recommend whether modifications to other matters relating to state and local laws and policies governing sentencing, parole, mandatory supervision, and correctional options programs should be taken, and, if so, what action should be taken.

The Commission held its initial meeting in July of 1996, and reviewed relevant research and policy initiatives from other states, as well as researched Maryland's existing laws and policy related to sentencing and corrections. The Commission also heard testimony from a variety of experts from Maryland and other jurisdictions. Preliminary information was assessed regarding prison capacity utilization, sentencing disparity and the public's perception of sentencing, Maryland's existing sentencing guidelines, and a range of sentencing guideline systems in use elsewhere. The Commission developed a detailed work plan for on-going research and policy review.

Starting in July 1999, The Permanent Commission (MSCCSP)

The Maryland General Assembly created the State Commission on Criminal Sentencing Policy (MSCCSP) in May, 1999, under Chapter 648 of the Laws of Maryland 1999. In July 1999, the MSCCSP formally replaced its predecessor advisory commission, the Maryland Commission on Criminal Sentencing Policy (MCCSP). The General Assembly authorized the MSCCSP to "adopt existing sentencing guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of crimes in a circuit court." The MSCCSP was also authorized to "adopt guidelines to identify defendants who would be appropriate for participation in corrections options programs."

Furthermore, the MSCCSP was empowered to collect and automate the state sentencing guidelines worksheets with assistance from the Maryland Administrative Office of the Courts. Using the data collected, the MSCCSP was to monitor circuit court sentencing practice and to adopt changes to the guidelines consistent with legislative intent. The data collected would also support the legislatively mandated use of a correctional population simulation model designed to forecast prison bedspace and resource requirements. Forecasts exceeding available state resources would have to include alternative guidelines recommendations to bring prison populations into balance with state resources.

The MSCCSP was authorized to conduct guidelines training and orientation for system participants and other interested parties in a timely manner. The MSCCSP was to administer the guidelines system in consultation with the General Assembly and to provide formal fiscal and statistical information on proposed legislation concerning sentencing and correctional practice.