{"data":{"id":"us-md/md.-code-criminal-procedure-11-402","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 11–402","heading":"","body":"(a) 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:\n(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\n(2) the defendant caused serious physical injury or death to the victim in committing a misdemeanor.\n(b) 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.\n(c) (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.\n(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.\n(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.\n(d) 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.\n(e) A victim impact statement for a crime or delinquent act shall:\n(1) identify the victim;\n(2) itemize any economic loss suffered by the victim;\n(3) identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;\n(4) describe any change in the victim’s personal welfare or familial relationships;\n(5) identify any request for psychological services initiated by the victim or the victim’s family;\n(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, including a request for electronic monitoring or electronic monitoring with victim stay–away alert technology; and\n(7) contain any other information related to the impact on the victim or the victim’s family that the court requires.\n(f) 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.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=11-402","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"b27b0f9edca3b6f8ac38c350d65426a9b97f14a98db6e1cbd0ca5ed4274eb01a","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-11-401","next":"us-md/md.-code-criminal-procedure-11-403"},"notice":"GroundRules: Original legal text. Not legal advice."}