Patuxent Institution

• Jurisdiction: Maryland

X. Patuxent Institution

Patuxent Institution treats and provides programs and services to (a) youthful offenders; (b) other "eligible persons"; and (c) mentally ill inmates. Md. Code Ann., Corr. Serv. § 4-202(a). To be eligible for Patuxent Institution, the defendant must be (a) under age 21; (b) have at least three years remaining on his sentence; (c) have intellectual impairment or emotional imbalance; (d) be likely to respond favorably to Patuxent programs and services; and (e) meet eligibility criteria that the Secretary of Department of Public Safety & Correctional Services establishes. Md. Code Ann., Corr. Serv. §§ 4-101 and 4-208(a) and (b).

To be eligible for Patuxent Institution, the defendant cannot be serving a life sentence, or be convicted of life offense, i.e., first degree murder, first degree rape, or first degree sexual offense, unless the sentencing judge specifically recommends Patuxent. A three-judge sentence review panel has the authority to review a recommendation that a defendant be evaluated at Patuxent Institution. In Resper v. State, 354 Md. 611, 619-21 (1999), the Court of Appeals held that a three-judge panel may review the trial court's recommendation that the defendant be evaluated for the...