The Maryland sentencing guidelines give a circuit court judge an advisory range of punishment for each case by matching two scores on a matrix: how serious the offense is and how extensive the defendant’s record is. The cell where those scores meet is the recommended sentence. Judges are required to consider it, but the final sentence is theirs to choose within the statutory maximum, and in some cases a mandatory minimum overrides the range entirely.
How the Matrix Produces a Range
Maryland does not use a single grid. The Maryland State Commission on Criminal Sentencing Policy publishes three separate matrices, one each for person offenses, drug offenses, and property offenses.1Maryland State Commission on Criminal Sentencing Policy. Guidelines Scoring Matrices Every matrix has two axes. One measures offense seriousness. The other measures offender history. The cell where the two scores intersect is the guidelines range, expressed as a span such as “3Y–8Y” (three to eight years) or “P–18M” (probation to eighteen months).
That span is the starting point for negotiations and for the judge’s decision. It is not a ceiling on punishment and not a floor. It is the range the commission believes fits similar cases based on statewide sentencing data.
Scoring the Offense
The person-offense matrix uses a numerical offense score from 1 through 15, with 15 the most serious. First-degree murder sits at the top of that scale; a minor assault sits near the bottom.2Maryland State Commission on Criminal Sentencing Policy. Sentencing Matrix for Offenses Against Persons The drug and property matrices use Roman-numeral seriousness categories, Category I through Category VII, with Category I the most severe.1Maryland State Commission on Criminal Sentencing Policy. Guidelines Scoring Matrices
Every chargeable offense in Maryland is assigned to a specific seriousness level in the MSCCSP’s offense table, most recently updated in January 2026.3Maryland State Commission on Criminal Sentencing Policy. Sentencing Guidelines Offense Table Category I includes first-degree murder, first-degree rape, and child abuse resulting in death when the victim is under 13. Middle categories cover offenses like armed robbery and second-degree assault. The lowest categories cover minor drug possession and low-value property crimes.
Getting an offense into the correct category matters more than any other single scoring decision, because moving one level can shift the recommended range by years. This is often the first thing a defense attorney checks on a completed worksheet.
Scoring the Offender
The other axis reflects the defendant’s history with the justice system. Maryland regulations divide the offender score into four components:4Library of Maryland Regulations. COMAR 14.22.01.10 – Computation of the Offender Score
- Relationship to the criminal justice system when the offense occurred, meaning whether the defendant was already on probation, parole, or pretrial release at the time of the new crime.
- Juvenile delinquency record.
- Prior adult criminal record.
- Prior adult parole or probation violations.
The juvenile-record rules are narrower than many defendants expect. That component only counts if the defendant is younger than 23 at the time of the current offense and had at least one delinquency finding within the previous five years. A defendant 23 or older automatically scores zero on that piece. Only adjudications that actually resulted in a delinquency disposition count. Multiple findings from a single hearing count as one. And adjudications based on conduct that is no longer a crime are excluded entirely.4Library of Maryland Regulations. COMAR 14.22.01.10 – Computation of the Offender Score
When Mandatory Minimums Override the Range
The guidelines only matter where a judge has discretion. Certain Maryland offenses carry mandatory minimum sentences that cannot be suspended, and where a mandatory floor exceeds the guidelines range, the floor controls. The MSCCSP publishes the current list, updated January 2026.5Maryland State Commission on Criminal Sentencing Policy. Guidelines Offenses with Non-Suspendable Mandatory Minimum Penalties Some of the significant ones:
- Repeat violent offenders: a second conviction for a crime of violence, after a prior term of confinement, carries a 10-year mandatory minimum. A third carries 25 years. A fourth carries life.
- Firearms in drug offenses: 5-year mandatory minimum on the first offense, 10 years on a subsequent offense.
- First-degree rape of a child under 13 by an adult offender: 25 years.
- Drug kingpin, non-cannabis: 20 years.
- Manufacturing or distributing large amounts of Schedule I or II controlled substances: 5 years.
These minimums can stack, and no judge can suspend them regardless of mitigation. When one is on the table, the practical question shifts from what the guidelines recommend to whether the prosecution will pursue the charge that triggers the floor.
When a Judge Can Sentence Outside the Range
Because the guidelines are advisory, a judge who thinks the recommended range does not fit the case can go higher or lower. The one hard requirement is documentation. COMAR 14.22.01.05 requires the judge to record the specific reason for any departure on the guidelines worksheet.6Legal Information Institute. COMAR 14.22.01.05 – Sentences Outside the Guidelines The MSCCSP then reviews those departures to track patterns.
Most sentences land inside the range. Departures below it are more common than departures above and typically reflect plea agreements, cooperation with law enforcement, or strong mitigating circumstances. Departures above the range tend to involve aggravating facts the offense score does not fully capture, such as exceptional cruelty or a large number of victims.
What Else the Judge Weighs
The worksheet produces a starting point. The judge looks at more before choosing a final sentence. Circumstances of the offense come into it: whether the defendant played a lead role or a peripheral one, whether a weapon was involved, whether the victim was particularly vulnerable.
Personal history matters too. Age, mental health, substance use, employment, and family obligations all provide context that can push a sentence toward or away from incarceration. Under Maryland’s Justice Reinvestment Act, courts are required to consider substance abuse assessments and, in many drug-driven cases, to order treatment as a condition of a suspended sentence rather than imposing prison time.7Maryland General Assembly. Fiscal and Policy Note for Senate Bill 1005
Victim Impact Statements
Maryland law gives victims, or their representatives if the victim is deceased or unable to participate, the right to submit a victim impact statement for the sentencing court to consider. The statement can describe economic losses, physical injuries and their lasting effects, changes to personal welfare or family relationships, and any request for no-contact conditions on probation or parole. The court must consider the statement when deciding both the sentence and any restitution order.8Maryland General Assembly. Maryland Code Criminal Procedure Section 11-402
Restitution
Restitution is separate from any fine. It compensates the victim for documented losses that resulted directly from the crime, including medical expenses, property damage, and lost earnings.9Maryland General Assembly. Maryland Criminal Procedure Code Section 11-603 The court must base the order on competent evidence tying the loss to the offense, and a restitution order does not prevent the victim from also suing in civil court for further damages.
Credit for Time Already Served
Time spent in custody before sentencing is not lost. Maryland law requires the sentencing court to credit all custody time attributable to the charge or the underlying conduct against the final sentence.10Maryland General Assembly. Maryland Criminal Procedure Code Section 6-218 – Credit Against Sentence for Time Spent in Custody The credit is mandatory and must be awarded at sentencing. The judge is required to state the amount of the credit and the facts supporting it on the record.
If a charge is dismissed or ends in acquittal, custody time that would have been credited toward that charge gets applied to any other sentence tied to a warrant filed during the same custody period. The court also has discretion in some situations to apply credit for time spent in custody on an unrelated charge, though that is not automatic.
Changing a Sentence After It Is Imposed
Maryland provides two main routes for challenging a sentence after the fact, and both have short deadlines.
Three-Judge Panel Review
Under the Review of Criminal Sentences Act, a defendant sentenced in circuit court to more than two years of imprisonment can ask a panel of three circuit court judges to review whether the sentence was appropriate. The request must be filed within 30 days of sentencing, and the panel has 30 days to decide. This route is not available if the original sentence was imposed by more than one judge.
Motion to Modify Under Rule 4-345
Separately, a defendant can ask the sentencing judge to modify or reduce the sentence. The motion must be filed within 90 days of sentencing, and the court loses power to revise the sentence entirely after five years from the original sentencing date. The court cannot increase the sentence on a motion to modify. Any hearing must be held in open court, and the judge must hear from the defendant, the prosecution, and any victim who wants to speak before deciding.
One important exception cuts through both deadlines: a court can commit a defendant to substance abuse treatment at any time, even after the 90-day window has closed, if the defendant voluntarily agrees to participate.
Recent Changes That Affect the Sentencing Picture
Several reforms over the past decade have reshaped how the guidelines operate in practice.
The Justice Reinvestment Act (2016)
The Justice Reinvestment Act grew out of data showing that while prison admissions had declined by nearly 20%, more than half of those still being admitted had nonviolent underlying offenses, and almost 60% of all admissions were people who failed on probation or parole, often for technical violations like missing an appointment or failing a drug test.7Maryland General Assembly. Fiscal and Policy Note for Senate Bill 1005 The Act directed courts to order substance abuse assessments, prioritized treatment over incarceration for drug-driven offenses, and created a grant fund to reinvest correctional savings into community-based programs.
Removing the Governor From Life-Sentence Parole (2021)
SB 202, effective October 1, 2021, eliminated the Governor’s role in approving parole for people serving life sentences. Under the old system, the Governor could reject a Parole Commission recommendation of release. Now a panel of at least six parole commissioners makes the final decision by a vote of at least six in favor.11Maryland General Assembly. Senate Bill 202 Enrolled – Correctional Services Parole The change applies to crimes committed on or after that date.
The Second Look Act
Building on the earlier Juvenile Restoration Act, the Second Look Act allows a person who has served at least 20 years to petition a judge to reevaluate the sentence. The petitioner must show rehabilitation and that release would not threaten public safety. People sentenced to life without parole are excluded.
2024 Worksheet Update
On July 1, 2024, the MSCCSP deployed Version 12.0 of the sentencing guidelines worksheet. The primary change was removing references to the word “conviction” throughout the form to improve clarity.12Maryland State Commission on Criminal Sentencing Policy. Sentencing Guidelines Worksheet Changes, 2024 Worksheet language matters because ambiguity in how a field is interpreted can produce scoring errors that shift the recommended range.