When prosecutors and defense attorneys discuss potential plea agreements, there are established sentencing guidelines they strive to follow based on the circumstances of the case.To be accepted, their agreement must pass muster with a judge who always asks to see suggested guidelines documented on worksheets. Although voluntary, the sentencing guidelines consider a defendant's criminal history and offense, according to the Maryland State Commission on Criminal Sentencing Policy. The guidelines help judges decide whether to incarcerate a convicted person, and if so, for how long. Judges who deviate from the guidelines must give reasons behind their decisions. Created in 1999, the Maryland State Commission on Criminal Sentencing Policy was established to ensure fair and proportional sentences for defendants convicted, to encourage equity in sentencing practices and to help the public understand the sentencing process, according to the commission's website. In fiscal 2008, the commission received 11,658 sentencing worksheets for defendants sentenced in Maryland's Circuit Courts. Eighty percent of the worksheets pertained to plea agreements. Frederick , part of the sixth judicial circuit along with Montgomery County, submitted 665 worksheets for 5.7 percent of the state's total. The circuit encompassing Baltimore city contributed the most: 3,979 for 34.1 percent. Proposed revisions to the state's sentencing guidelines are detailed in the June 19 edition of the Maryland Register. Public comment on the proposed changes may be offered through July 20.
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