14.22.01.01

.01 Scope.

A. The Maryland sentencing guidelines apply to criminal cases prosecuted in a circuit court. The following sentencing matters handled by judges in a circuit court are excluded from guidelines coverage:

(1) Prayers for jury trial from District Court, unless a PSI is ordered;

(2) Appeals from District Court, unless a PSI is ordered;

(3) Crimes which carry no possible penalty of incarceration;

(4) Public local laws and municipal ordinances;

(5) Sentencing hearings in response to a violation of probation;

(6) Criminal nonsupport and criminal contempt; and

(7) Cases adjudicated in a juvenile court.

B. Under Criminal Procedure Article, §6-211(b), Annotated Code of Maryland, the sentencing guidelines are voluntary and may not be construed to require a court to sentence a defendant as prescribed by this chapter.