The Director may request that the Commissioner refer an incarcerated individual to the Institution for evaluation as to whether the incarcerated individual is an eligible person if the incarcerated individual: is serving a sentence of imprisonment following conviction of a crime; has more than 3 years remaining to serve on a sentence; has not been evaluated by or confined at the Institution within the preceding 3 years; is not disqualified from being an eligible person under § 4–101(e)(2) of this title; and meets the eligibility criteria that the Secretary establishes under § 4–208(b) of this title. The request that the Commissioner refer an incarcerated individual to the Institution shall be based: on recommendation of the sentencing court; on application by the incarcerated individual or the State’s Attorney of the county in which the incarcerated individual was last convicted; or on the Commissioner’s own initiative. The Commissioner shall promptly refer any incarcerated individual requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk. Within 6 months after an incarcerated individual is referred to the Institution, an evaluation team shall examine the incarcerated individual. Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the incarcerated individual provided for in § 4–209 of this title. Based on the information reviewed under subsection (b)(2) of this section and an examination of the incarcerated individual, the evaluation team shall determine whether, in the opinion of a majority of the team, the incarcerated individual is an eligible person. The evaluation team shall submit to the Director a written report that states its findings. The report shall state in detail the reasoning supporting the team’s conclusion with respect to each of the criteria for an eligible person set forth in § 4–101(e) of this title.

If the evaluation team determines under § 4–301(c) of this subtitle that an incarcerated individual is not an eligible person, the Director shall notify the Commissioner and send to the Commissioner a copy of the evaluation team’s report. Within 30 days after the Director sends the notice, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates. If the evaluation team determines under § 4–301(c) of this subtitle that the incarcerated individual is an eligible person, the Director shall notify the Commissioner and the incarcerated individual shall be admitted to the eligible person remediation program if the admission does not exceed the program capacity specified in § 4–202(c) of this title. The evaluation team shall prepare, file with the Director, and implement an individualized written remediation plan for each eligible person. The Director or an associate director for treatment shall review the remediation plan and the eligible person’s progress under it at appropriate intervals not exceeding every 6 months. At least once a year, following a new evaluation by an evaluation team, the Board of Review shall review an incarcerated individual’s status as an eligible person and the incarcerated individual’s progress under the remediation plan. After its review, the Board of Review shall make appropriate written recommendations for the future remediation and status of the eligible person. The Institution shall maintain a copy of these recommendations as part of the incarcerated individual’s file. An incarcerated individual transferred to the Institution for evaluation or treatment remains in the custody of the Division of Correction and under the sentence imposed on the incarcerated individual, but the incarcerated individual is subject to the immediate control of the Institution and its staff.

Subject to § 4–305 of this subtitle, incarcerated individuals transferred to the Institution for treatment are eligible for the work release and leave of absence programs provided for in §§ 3–801 through 3–806 and 3–808 through 3–811 of this article. The Board of Review shall perform the functions of the warden and the Commissioner under §§ 3–801 through 3–806 and 3–808 through 3–811 of this article with respect to incarcerated individuals confined in the Institution. The Board of Review may not grant an eligible person work release or leave under this section until the Board of Review mails written notice to the victim that the Board of Review intends to decide whether to grant work release or leave to the eligible person. Before the Board of Review decides whether to grant work release or leave to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment in writing on work release or leave or to present oral testimony in the manner that the Board of Review establishes by regulation. The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding work release or leave. The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim. The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.

Unless previously released on parole or mandatory supervision, an incarcerated individual confined at the Institution shall be released on expiration of sentence.

After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before expiration of the incarcerated individual’s sentence, the Board of Review may grant a parole from the Institution for a period not exceeding 1 year if the Board of Review concludes that the parole: will not impose an unreasonable risk on society; and will assist in the remediation of the eligible person. Except as provided in paragraph (2) of this subsection: an incarcerated individual sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article; and an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article. An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article. The Board of Review may: attach reasonable conditions to parole granted under this section; make reasonable and appropriate modifications of the conditions at any time; and revoke the parole if the Board of Review finds that the individual has violated a condition of the parole. The Board of Review: shall review an individual’s status before the expiration of the parole period; and may extend the parole. The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing. Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation. The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole. The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim. The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative. The Board of Review may not release an eligible person on parole until the Secretary approves the parole decision. If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to: suspend the individual’s remaining sentence and terminate parole supervision on the conditions the court considers appropriate; or vacate the individual’s remaining sentence. The Director shall serve notice of the petition on the victim and the State’s Attorney who last prosecuted the individual. The State’s Attorney shall be a party to the proceeding. After a hearing, the court may either grant or deny the relief requested in the petition.

After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before the incarcerated individual’s sentence expires, on review of the incarcerated individual, the Board of Review may take any of the actions specified in subsection (b) of this section. If an incarcerated individual submits a written request for a transfer to the Division of Correction, the Director shall notify the Commissioner and send the Commissioner a copy of any evaluation team’s report that has been completed. If the Board of Review concludes that an incarcerated individual is no longer an eligible person but should remain confined in the Division of Correction subject to the authority of the Maryland Parole Commission until release on expiration of sentence or mandatory supervision, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team’s report. Within 90 days after notice is provided under paragraph (1) or (2) of this subsection, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates. A transfer under this subsection does not affect any right to parole consideration that the incarcerated individual may have at the time of transfer. In this subsection, “major violation” includes: escape from parole, work release, or leave; failure to return from parole, work release, or leave within 1 hour of the time due, unless the failure to return was due to causes beyond the control of the eligible person; commission of a new crime, other than a minor traffic violation, while on parole, work release, or leave; commission of a Category I violation of the Department’s disciplinary rules; and use of a controlled dangerous substance that the eligible person is not entitled to use under the laws of the State. Except as provided in paragraph (3) of this subsection, if an incarcerated individual in the Eligible Person Program or the Patuxent Youth Program commits a major violation while on parole, work release, or leave, the Board of Review may impose appropriate sanctions consistent with the best interests of public safety. If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence. If an eligible person commits a second major violation while on parole, work release, or leave, the eligible person shall be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.

If a court has ordered that an eligible person make restitution as part of a sentence or as a condition of probation, the Board of Review shall require the eligible person to make restitution payments while on parole or work release as a condition of parole or work release.

An incarcerated individual who is transferred to the Institution for evaluation or treatment shall receive full credit against a sentence for the time spent at the Institution, including allowances or disallowances for diminution of the incarcerated individual’s term of confinement under Title 3, Subtitle 7 of this article as the Director determines.