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under subsection (e)(4)(B). A third alternative is to make no
change to subsection (e)(4).
The alternatives presented to the Court reflect the position
of the Pretrial Release Advisory Committee that judicial officers
should rely to the extent practicable on criminal sanctions,
rather than financial loss, to ensure both the defendant’s
appearance and the safety of the alleged victim, other persons,
and the community. “Criminal sanctions” include both the
sanction for the offense for which released and the sanction for
a separate charge of “failure to appear” if the defendant does
not appear.
The proposed amendment to section (i), relettered section
(h), makes clear that a judge may alter not only the pretrial
conditions set by a commissioner, but also conditions that had
been set by another judge.
The amendment to the text of section (k), relettered section
(j), is stylistic, only. The phrase “alleged to have violated”
is believed to provide a more accurate statement of the
defendant’s status than the current text. A new cross reference
to Rules 1-361 and 4-347 is proposed to be added following the
section.
Additionally, because Chapter 26, Acts of 2002 (HB 11),
created a new Criminal Law Article which contains many of the
provisions formerly in Article 27 of the Annotated Code of
Maryland, the references to Article 27 in Rule 4-216 are
corrected to reflect their new placement.
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