Section 11-402 - Victim impact statement in presentence investigation. - Maryland Statutes

§ 11-402. Victim impact statement in presentence investigation.
 

(a)  When required.- A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if: 

(1) the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or 

(2) the defendant caused serious physical injury or death to the victim in committing a misdemeanor. 

(b)  Absence of presentence investigation order.- If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules. 

(c)  Notification by prosecuting attorney.-  

(1) The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim's right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article. 

(2) This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court. 

(3) The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article. 

(d)  Consideration of statement.- The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title. 

(e)  Statement of contents.- A victim impact statement for a crime or delinquent act shall: 

(1) identify the victim; 

(2) itemize any economic loss suffered by the victim; 

(3) identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury; 

(4) describe any change in the victim's personal welfare or familial relationships; 

(5) identify any request for psychological services initiated by the victim or the victim's family; 

(6) identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent; and 

(7) contain any other information related to the impact on the victim or the victim's family that the court requires. 

(f)  Deceased or disabled victim.- If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim's representative. 
 

[An. Code 1957, art. 27, § 781(b), (c), (d), (e), (f), (g); 2001, ch. 10, § 2; ch. 415, § 6; 2003, ch. 53, § 4.]