# Correctional Services (GCS)

## Title 7. Parole, Release on Mandatory Supervision, and Executive Clemency

### Subtitle 1. Definitions; General Provisions

#### Section 7-101

(a) In this title the following words have the meanings indicated.

(b) "Commission" means the Maryland Parole Commission.

(c) "Commissioner" means a member of the Maryland Parole Commission.

(d) "Commutation of sentence" means an act of clemency in which the Governor, by order, substitutes a lesser penalty for the grantee's offense for the penalty imposed by the court in which the grantee was convicted.

(e) "Conditional commutation of sentence" means a commutation of sentence that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the commutation.

(f) "Conditional pardon" means a pardon that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the pardon.

(g)

  (1) "Mandatory supervision" means a conditional release from confinement that is granted to an incarcerated individual under Sec. 7-501 of this title.

  (2) "Mandatory supervision" includes a conditional release granted before July 1, 1989 that was referred to as "mandatory release".

(h) "Pardon" means an act of clemency in which the Governor, by order, absolves the grantee from the guilt of the grantee's criminal acts and exempts the grantee from any penalties imposed by law for those criminal acts.

(i) "Parole" means a conditional release from confinement granted by the Commission to an incarcerated individual.

(j) "Parolee" means an incarcerated individual who has been released on parole.

(k) "Partial pardon" means a pardon that has been limited by the terms of the order granting the pardon to be of less effect than a full pardon.

(l) "Predetermined parole release agreement" means an agreement among the Commissioner of Correction, the Commission, and an incarcerated individual for the parole of the incarcerated individual at a predetermined time if, during the incarcerated individual's term of confinement, the incarcerated individual fulfills the conditions specified in the agreement.

(m) "Violent crime" means:

  (1) a crime of violence as defined in Sec. 14-101 of the Criminal Law Article; or

  (2) burglary in the first, second, or third degree.

#### Section 7-102

This title does not apply to:

(1) an incarcerated individual retained in the custody of Patuxent Institution for:

  (i) examination to determine if the incarcerated individual is an eligible person, as defined in Sec. 4-101 of this article; or

  (ii) confinement as an eligible person under Title 4 of this article; or

(2) a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.

#### Section 7-103

(a) In this section, "offender" has the meaning stated in Sec. 6-101 of this article.

(b) The Department may issue a certificate of completion to an offender who:

  (1) was supervised by the Department under conditions of:

    (i) parole;

    (ii) probation; or

    (iii) mandatory release supervision;

  (2) has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and

  (3) is no longer under the jurisdiction of the Department.

#### Section 7-104

(a) The Department shall issue a certificate of rehabilitation to an individual who:

  (1) was convicted of a misdemeanor or felony that is not:

    (i) a crime of violence, as defined in Sec. 14-101 of the Criminal Law Article; or

    (ii) a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;

  (2) was supervised by the Division of Parole and Probation under conditions of:

    (i) parole;

    (ii) probation; or

    (iii) mandatory release supervision;

  (3) has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and

  (4) is no longer under the jurisdiction of the Division of Parole and Probation.

(b) It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(c) A licensing board may not deny an occupational license or certificate to an applicant who has been issued a certificate of rehabilitation solely on the basis that the applicant has previously been convicted of the crime that is the subject of the certificate of rehabilitation, unless the licensing board determines that:

  (1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or

  (2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(d) In making a determination under subsection (c) of this section, the licensing board shall consider:

  (1) the policy of the State expressed in subsection (b) of this section;

  (2) the specific duties and responsibilities required of a licensee or certificate holder;

  (3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

  (4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

  (5) the seriousness of the offense for which the applicant was convicted;

  (6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and

  (7) the legitimate interest of the Department in protecting property and the safety and welfare of specific individuals or the general public.

(e) An individual may receive only one certificate of rehabilitation per lifetime.

(f) The Supreme Court of Maryland is not a licensing board for purposes of this section.

(g) The Department shall adopt regulations establishing an application and review process for a certificate of rehabilitation that allows the State's Attorney and the victim to object to the issuance of the certificate of rehabilitation.

### Subtitle 2. Maryland Parole Commission

#### Section 7-201

There is a Maryland Parole Commission in the Department.

#### Section 7-202

(a)

  (1) The Commission consists of ten members.

  (2) With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the members of the Commission.

(b) Each commissioner shall:

  (1) be appointed without regard to political affiliation;

  (2) be a resident of the State; and

  (3) have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.

(c) Each commissioner:

  (1) shall devote full time to the duties of the Commission; and

  (2) may not have any other employment that conflicts with the commissioner's devotion of full time to the duties of the Commission.

(d)

  (1) The term of a commissioner is 6 years.

  (2) At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.

  (3) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e)

  (1) With the approval of the Governor, the Secretary may remove a commissioner for disability, neglect of duty, or misconduct in office.

  (2) Before removing a commissioner, the Secretary shall:

    (i) give the commissioner written notice of the charges against the commissioner; and

    (ii) hold a public hearing on the charges.

(f)

  (1) If a commissioner is unable to perform the commissioner's duties because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing examiner to the Commission to perform those duties until that commissioner is able to resume those duties or until a new commissioner is appointed and qualifies.

  (2) A hearing examiner appointed under this subsection is entitled to the same compensation as a commissioner.

  (3) A hearing examiner appointed under this subsection may not participate in a proceeding before the Commission in which the hearing examiner participated as a hearing examiner.

(g) With the approval of the Governor, the Secretary shall designate a chairperson of the Commission from among its members.

#### Section 7-203

(a) Each commissioner is entitled to:

  (1) compensation in accordance with the State budget; and

  (2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(b) The General Assembly may provide for an increase in the compensation of commissioners during their terms in the same proportion as any average compensation increase awarded to State employees generally.

#### Section 7-204

(a)

  (1) The Commission shall appoint the staff necessary to perform the duties of the Commission.

  (2) The activities of the staff may not duplicate or conflict with the functions and services of the Division of Parole and Probation.

  (3) Except as otherwise provided by law, the staff is subject to the provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article.

(b)

  (1)

    (i) The Secretary may appoint the hearing examiners necessary to conduct parole release hearings under paragraph (2) of this subsection, as provided in the State budget.

    (ii) Each hearing examiner shall:

      (1) be appointed without regard to political affiliation;

      (2) be a resident of the State; and

      (3) have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.

    (iii) A hearing examiner is entitled to compensation in accordance with the State budget.

  (2) A hearing examiner or a commissioner acting as a hearing examiner may hear cases for parole release that are not required to be heard by the Commission under Sec. 7-205(a)(3) of this subtitle.

#### Section 7-205

(a) The Commission has the exclusive power to:

  (1) authorize the parole of an individual sentenced under the laws of the State to any correctional facility in the State;

  (2) negotiate, enter into, and sign predetermined parole release agreements as provided under subsection (b) of this section;

  (3) hear cases for parole or administrative release in which:

    (i) the Commissioner of Correction, after reviewing the recommendation of the appropriate managing official, objects to a parole;

    (ii) the incarcerated individual was convicted of a homicide;

    (iii) the incarcerated individual is serving a sentence of life imprisonment;

    (iv) the parole hearing is open to the public under Sec. 7-304 of this title;

    (v) the incarcerated individual fails to meet the requirements of the administrative release process established under Sec. 7-301.1 of this title;

    (vi) a victim requests a hearing as provided under Sec. 7-301.1 of this title; or

    (vii) the Commission finds that a hearing for administrative release is necessary under Sec. 7-301.1 of this title;

  (4) hear exceptions to recommendations of a hearing examiner or a commissioner acting as a hearing examiner;

  (5) review summarily all recommendations of a hearing examiner or a commissioner acting as a hearing examiner to which an exception has not been filed;

  (6) hear a case for parole in absentia when an individual who was sentenced in this State to serve a term of imprisonment is in a correctional facility of a jurisdiction other than this State;

  (7) hear cases of parole revocation;

  (8) if delegated by the Governor, hear cases involving an alleged violation of a conditional pardon; and

  (9) determine conditions for administrative release under Sec. 7-301.1 of this title.

(b)

  (1)

    (i) The Commission may negotiate, enter into, and sign a predetermined parole release agreement with the Commissioner of Correction and an incarcerated individual under the jurisdiction of the Commission.

    (ii) The agreement may provide for the release of the incarcerated individual on parole at a predetermined time if, during the incarcerated individual's term of confinement, the incarcerated individual participates in the programs designated by the Commission and fulfills any other conditions specified in the agreement.

  (2) This subsection does not affect any diminution of an incarcerated individual's term of confinement awarded under Title 3, Subtitle 7 and Sec.Sec. 9-506 and 9-513 of this article or an incarcerated individual's eligibility for administrative release under Sec. 7-301.1 of this title.

(c) Each commissioner has visitorial powers over any correctional facility in which an individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.

(d) As necessary to carry out its duties, the Commission may:

  (1) issue subpoenas requiring the attendance and testimony of witnesses;

  (2) administer oaths; and

  (3) examine witnesses under oath, including any incarcerated individual who is confined in a correctional facility operated by the State or by a county or municipal corporation of the State.

(e)

  (1) A person who is personally served with a subpoena and who fails to appear or refuses to testify before the Commission is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.

  (2) The fine imposed under paragraph (1) of this subsection shall be paid into the General Fund of the State.

(f) A witness who makes a false statement relating to a matter that is material to the Commission's inquiry while testifying before the Commission is guilty of perjury and on conviction is subject to the penalty of Sec. 9-101 of the Criminal Law Article.

#### Section 7-206

The Commission shall:

(1) evaluate information on the activities of parolees that the Division of Parole and Probation reports;

(2) issue warrants or delegate to the Director of the Division of Parole and Probation the authority to issue warrants to retake parolees who are charged with violating a condition of parole;

(3) review and make recommendations to the Governor:

  (i) concerning parole of an incarcerated individual under a sentence of life imprisonment; and

  (ii) if requested by the Governor, concerning a pardon, commutation of sentence, or other clemency;

(4) establish and modify general policy governing the conduct of parolees; and

(5) arrange for psychiatric or psychological examination of applicants for parole whenever the Commission believes that an examination will better enable it to decide on the advisability of parole, and include the expense for the examination in its annual budget.

#### Section 7-207

(a)

  (1) Subject to the approval of the Secretary, the Commission shall adopt regulations governing its policies and activities under this title.

  (2) Notwithstanding the provisions of Sec. 10-101(g)(2)(i) of the State Government Article, regulations adopted under paragraph (1) of this subsection shall comply with Title 10, Subtitle 1 of the State Government Article.

(b) The Commission may adopt regulations governing:

  (1) the conduct of proceedings before it or the hearing examiners; and

  (2) the review and disposition of written exceptions to the recommendation of a hearing examiner.

#### Section 7-208

(a) The Commission shall:

  (1) maintain a record of its actions;

  (2) make an annual report to the Governor of its work; and

  (3) make appropriate recommendations for the improvement of its functions.

(b) The annual report required under subsection (a)(2) of this section shall include the following information, disaggregated by race of the relevant incarcerated individuals:

  (1) the number of cases in which the Commission granted parole;

  (2) the number of cases in which the Commission denied parole and the reason for each denial;

  (3) the number of incarcerated individuals who were granted administrative release;

  (4) the number of hearings held and the purpose of each hearing;

  (5) the number of incarcerated individuals who are parole-eligible but have not been granted parole;

  (6) the number of administrative reviews completed by the Commission; and

  (7) the number of parole revocation hearings held and the outcome of each parole revocation hearing.

### Subtitle 3. Eligibility for Parole; Parole Hearings

#### Section 7-301

(a)

  (1) Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for incarcerated individuals in a local correctional facility and the Division of Correction make an investigation for incarcerated individuals in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an incarcerated individual who:

    (i) has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and

    (ii) has served in confinement one-fourth of the incarcerated individual's aggregate sentence.

  (2) Except as provided in paragraph (3) of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an incarcerated individual is not eligible for parole until the incarcerated individual has served in confinement one-fourth of the incarcerated individual's aggregate sentence.

  (3) An incarcerated individual may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an incarcerated individual's expected or newborn child if the incarcerated individual:

    (i) is not serving a sentence for a crime of violence, as defined in Sec. 14-101 of the Criminal Law Article;

    (ii) is not serving a sentence for a violation of Title 3, Subtitle 6, Sec. 5-608(d), Sec. 5-609(d), Sec. 5-612, Sec. 5-613, Sec. 5-614, Sec. 5-621, Sec. 5-622, or Sec. 5-628 of the Criminal Law Article; and

    (iii) has been determined to be amenable to treatment.

  (4) The Division of Parole and Probation shall complete and submit to the Commission each investigation of an incarcerated individual in a local correctional facility required under paragraph (1) of this subsection within 60 days of commitment.

(b) Except as provided in subsection (c) of this section, if an incarcerated individual has been sentenced to a term of imprisonment during which the incarcerated individual is eligible for parole and a term of imprisonment during which the incarcerated individual is not eligible for parole, the incarcerated individual is not eligible for parole consideration under subsection (a) of this section until the incarcerated individual has served the greater of:

  (1) one-fourth of the incarcerated individual's aggregate sentence; or

  (2) a period equal to the term during which the incarcerated individual is not eligible for parole.

(c)

  (1)

    (i) Except as provided in subparagraph (ii) of this paragraph, an incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the incarcerated individual has served the greater of:

      (1) one-half of the incarcerated individual's aggregate sentence for violent crimes; or

      (2) one-fourth of the incarcerated individual's total aggregate sentence.

    (ii) An incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the incarcerated individual is eligible for parole and a term during which the incarcerated individual is not eligible for parole, is not eligible for parole until the incarcerated individual has served the greater of:

      (1) one-half of the incarcerated individual's aggregate sentence for violent crimes;

      (2) one-fourth of the incarcerated individual's total aggregate sentence; or

      (3) a period equal to the term during which the incarcerated individual is not eligible for parole.

  (2) An incarcerated individual who is serving a term of imprisonment for a violent crime committed on or after October 1, 1994, shall receive an administrative review of the incarcerated individual's progress in the correctional facility after the incarcerated individual has served the greater of:

    (i) one-fourth of the incarcerated individual's aggregate sentence; or

    (ii) if the incarcerated individual is serving a term of imprisonment that includes a mandatory term during which the incarcerated individual is not eligible for parole, a period equal to the term during which the incarcerated individual is not eligible for parole.

(d)

  (1) Except as provided in paragraphs (2) and (3) of this subsection:

    (i) an incarcerated individual who has been 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 considering the allowances for diminution of the incarcerated individual's term of confinement under Sec. 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and

    (ii) 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 considering the allowances for diminution of the incarcerated individual's term of confinement under Sec. 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

  (2) An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former Sec. 2-303 or Sec. 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 considering the allowances for diminution of the incarcerated individual's term of confinement under Sec. 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

  (3)

    (i) If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under Sec. 2-203 or Sec. 2-304 of the Criminal Law Article, the incarcerated individual is not eligible for parole consideration and may not be granted parole at any time during the incarcerated individual's sentence.

    (ii) This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under Sec. 7-601 of this title.

(e) An incarcerated individual who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the incarcerated individual has served in confinement one-half of the incarcerated individual's aggregate sentence.

#### Section 7-301.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Administrative release" means release of an eligible incarcerated individual who has served one-fourth of the incarcerated individual's sentence and met the requirements established under this section.

  (3) "Eligible incarcerated individual" means an incarcerated individual who:

    (i) has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility;

    (ii) is serving a sentence for which the most serious offense is:

      (1) a violation of Sec.Sec. 5-601 through 5-606 of the Criminal Law Article; or

      (2) a violation involving a value of $1,500 or less of Sec. 7-104, Sec. 8-103, Sec. 8-206, Sec. 8-207, Sec. 8-209, Sec. 8-301, Sec. 8-509, Sec. 8-510, Sec. 8-511, Sec. 8-512, Sec. 8-513, Sec. 8-514, Sec. 8-515, Sec. 8-611, or Sec. 8-801 of the Criminal Law Article;

    (iii) does not have a prior conviction for:

      (1) a violent crime; or

      (2) a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;

    (iv) does not have two or more convictions for a violation of Sec.Sec. 5-602 through 5-606 of the Criminal Law Article; and

    (v) if serving a sentence with a term of confinement that includes a mandatory minimum sentence, has served the mandatory portion of the sentence.

  (4) "Victim" means:

    (i) a person who is the victim of a crime committed by an eligible incarcerated individual; or

    (ii) if the person described in item (i) of this paragraph is deceased, disabled, or a minor, a designated family member, guardian ad litem, or other representative of the person.

(b)

  (1) For an incarcerated individual in a correctional facility, the Commission shall:

    (i) conduct an investigation to determine the incarcerated individual's eligibility for administrative release;

    (ii) determine the conditions under which an eligible incarcerated individual may be released after having served one-fourth of the incarcerated individual's term of confinement; and

    (iii) calculate a tentative release eligibility date for an eligible incarcerated individual.

  (2) The investigations required under paragraph (1) of this subsection shall be completed and submitted to the Commission within 60 days of commitment.

(c) For an incarcerated individual in a local correctional facility, the Commission, in collaboration with the local correctional facility, shall consider the results of the investigation conducted under subsection (b)(1) of this section and develop an individual case plan with which an eligible incarcerated individual must comply in order to be released on administrative release.

(d)

  (1) The individual case plans developed under subsection (c) of this section and Sec. 3-601(d) of this article shall include conditions that an incarcerated individual will be able to complete before the incarcerated individual's administrative release date.

  (2) An individual case plan may include conditions that apply after an incarcerated individual is released on administrative release.

(e)

  (1) The Division of Correction and each local correctional facility shall:

    (i) review the progress of an eligible incarcerated individual's case plan every 8 weeks from the date the case plan was developed;

    (ii) send a progress report on each eligible incarcerated individual's case plan to the Commission every 4 months; and

    (iii) send a progress report to the Commission of an eligible incarcerated individual's compliance or noncompliance with the case plan at least 30 days before the incarcerated individual's tentative administrative release eligibility date.

  (2) The Commission may provide written input on the eligible incarcerated individual's progress toward completion of the case plan.

(f)

  (1) Notwithstanding the limitations on who is considered a victim in Sec. 7-801 of this title, for purposes of this section, a victim has all the rights under this section that are granted to a victim under this title for a parole hearing.

  (2) As provided in Sec. 7-801 of this title, the Commission shall notify a victim of:

    (i) the eligible incarcerated individual's administrative release eligibility date;

    (ii) the victim's right to request an open hearing under Sec. 7-304 of this subtitle; and

    (iii) the victim's right to submit written testimony concerning the crime and the impact of the crime on the victim.

(g) The Commission shall authorize the release of an eligible incarcerated individual on administrative release, without a hearing before the Commission, at the incarcerated individual's release eligibility date if:

  (1) the incarcerated individual has complied with the case plan developed under subsection (c) of this section or Sec. 3-601(d) of this article;

  (2) the incarcerated individual has not committed a category 1 rule violation, as defined in 12.02.27.04 of the Code of Maryland Regulations;

  (3) a victim has not requested a hearing under subsection (f) of this section; and

  (4) the Commission finds a hearing unnecessary considering the incarcerated individual's history, progress, and compliance.

(h) An individual on administrative release is subject to:

  (1) the jurisdiction of the Commission in the same manner as a parolee; and

  (2) all laws and conditions that apply to parolees.

(i) An eligible incarcerated individual who is not released on administrative release under this section is otherwise eligible for release as provided under this subtitle.

#### Section 7-302

The Commission or the Commission's hearing examiners shall hear cases for parole release:

(1) at least once each month at each correctional facility in the Division of Correction; and

(2) as often as necessary at other correctional facilities in the State at which incarcerated individuals eligible for parole consideration are confined.

#### Section 7-303

(a) Before any hearing on parole release, the Commission shall give the incarcerated individual and the incarcerated individual's representative:

  (1) adequate and timely written notice of:

    (i) the date, time, and place of the hearing; and

    (ii) the factors that the Commission or hearing examiner will consider in determining whether the incarcerated individual is suitable for parole; and

  (2) except as provided in subsection (b) of this section, copies of all documents that the Commission or hearing examiner will use in determining whether the incarcerated individual is suitable for parole, including:

    (i) the case plan;

    (ii) the pre-parole summary;

    (iii) the full report of any risk assessment completed in preparation for the hearing on parole release; and

    (iv) the case manager's recommendation.

(b)

  (1) A document, or a portion of it, is not available for examination if the Commission determines that:

    (i) the document or portion contains a diagnostic opinion and the diagnosing clinician has determined in writing that disclosure of the diagnostic opinion is contraindicated;

    (ii) the incarcerated individual's knowledge of the document or portion would disrupt seriously a program of rehabilitation;

    (iii) the document or portion contains sources of information obtained on a promise of confidentiality; or

    (iv) the document or portion is otherwise privileged.

  (2) If the Commission determines that a document or a portion of it is not available for examination, the Commission shall notify the incarcerated individual that:

    (i) the document or portion is not available for examination; and

    (ii) on request and if appropriate, the Commission will provide the incarcerated individual or the incarcerated individual's representative with the substance of any information contained in the document or portion.

(c) The Commission shall delete the address and phone number of the victim or the victim's designated representative from a document before the incarcerated individual or the incarcerated individual's representative examines the document.

#### Section 7-304

(a) A parole hearing shall be open to the public if:

  (1)

    (i) a victim, as defined in Sec. 7-801 of this title, makes a written request to the Department for notification and maintains a current address on file with the Department; or

    (ii) a victim or a victim's representative files a notification request form under Sec. 11-104 of the Criminal Procedure Article; and

  (2) within a reasonable amount of time before a scheduled hearing, the victim makes a written request that the hearing be open to the public.

(b) The vote of each commissioner when acting collectively or in a panel, to approve or deny parole, the panel's reasoning and justifications for the panel's decision, and a vote to close or restrict access to a parole hearing under subsection (d) of this section, shall be made available to the public.

(c) Subject to subsection (d) of this section, the victim or victim's representative has the right to attend an open parole hearing.

(d) The Commission or a panel of commissioners may:

  (1) restrict the number of individuals allowed to attend a parole hearing in accordance with physical limitations or security requirements of the facility where the hearing is held;

  (2) deny admission or continued attendance at a parole hearing to an individual who:

    (i) threatens or presents a danger to the security of the facility in which the hearing is being held;

    (ii) threatens or presents a danger to other attendees or participants; or

    (iii) disrupts the hearing;

  (3) close a parole hearing to deliberate on the evidence and any other relevant information received at the hearing; or

  (4) close a parole hearing on written request of the chief law enforcement official responsible for an ongoing criminal investigation related to the incarcerated individual, if the ongoing investigation could be compromised.

(e) This section does not limit the authority of the Commission to hold a parole hearing through the use of a video conference or other means of electronic transmission.

#### Section 7-305

Each hearing examiner and commissioner determining whether an incarcerated individual is suitable for parole, and the Commission before entering into a predetermined parole release agreement, shall consider:

(1) the circumstances surrounding the crime;

(2) the physical, mental, and moral qualifications of the incarcerated individual;

(3) the progress of the incarcerated individual during confinement, including the academic progress of the incarcerated individual in the mandatory education program required under Sec. 22-102 of the Education Article;

(4) a report on a drug or alcohol evaluation that has been conducted on the incarcerated individual, including any recommendations concerning the incarcerated individual's amenability for treatment and the availability of an appropriate treatment program;

(5) whether, taking into account the totality of the circumstances including the age of the incarcerated individual, there is reasonable probability that the incarcerated individual, if released on parole, will not recidivate;

(6) whether release of the incarcerated individual on parole is compatible with public safety;

(7) any victim's original or subsequently filed victim impact statement, an updated victim impact statement, or any recommendation prepared under Sec. 7-801 of this title;

(8) any recommendation made by the sentencing judge at the time of sentencing;

(9) any information that is presented to a commissioner at a meeting with the victim;

(10) any testimony presented to the Commission by the victim or the victim's designated representative under Sec. 7-801 of this title; and

(11) compliance with the case plan developed under Sec. 7-301.1 of this subtitle or Sec. 3-601 of this article.

#### Section 7-306

(a)

  (1) The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.

  (2) Each proceeding before a hearing examiner shall be conducted in accordance with this section.

(b) The Commission shall keep a record of each hearing conducted by a hearing examiner.

(c) A hearing examiner shall determine if an incarcerated individual is suitable for parole in accordance with the factors and other information specified in Sec. 7-305 of this subtitle.

(d)

  (1) At the conclusion of the hearing, the hearing examiner shall inform the incarcerated individual of the hearing examiner's recommendation for parole or denial of parole.

  (2) Within 14 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the incarcerated individual a written report of the hearing examiner's findings and recommendation for parole or denial of parole, including the reasoning and justifications for the recommendation.

  (3) The Commissioner of Correction or the incarcerated individual may file with the Commission written exceptions to the report of a hearing examiner no later than 30 days after the report is received.

(e)

  (1) Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner.

  (2)

    (i) The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission.

    (ii) The Commission or panel shall render a written decision on the appeal.

    (iii) The decision of the Commission or panel is final.

  (3) If an exception is not filed and the Commission does not act on its own initiative within the 30-day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved.

  (4)

    (i) The Commission shall promptly give the incarcerated individual written notice of its final decision under this section.

    (ii) If the Commission's final decision under this section is to deny parole, the notice required under subparagraph (i) of this paragraph shall include the date of the incarcerated individual's next parole hearing, in accordance with Sec. 7-307.1 of this subtitle.

#### Section 7-307

(a)

  (1) Except as provided in subsection (c) of this section, the chairperson of the Commission shall assign at least two commissioners to hear cases for parole release as a panel.

  (2) Each proceeding before a Commission panel shall be conducted in accordance with this section.

(b)

  (1)

    (i) A Commission panel that consists of two commissioners shall determine, by unanimous vote, whether the incarcerated individual is suitable for parole in accordance with the factors and other information specified in Sec. 7-305 of this subtitle.

    (ii) If the two-commissioner panel is unable to reach a unanimous decision, the chairperson of the Commission shall convene a three-commissioner panel as soon as practicable to rehear the case.

  (2) A Commission panel that consists of three commissioners shall determine, by majority vote, whether the incarcerated individual is suitable for parole in accordance with the factors and other information specified in Sec. 7-305 of this subtitle.

(c) For an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, at least six affirmative votes are required to approve the incarcerated individual for parole, based on consideration of the factors specified in Sec. 7-305 of this subtitle.

(d)

  (1) The Commission panel shall inform the incarcerated individual and the appropriate correctional authority of the Commission's final decision as soon as possible, but not later than 12 months after the date of the parole hearing, including any subsequent information gathering or review.

  (2) If parole is denied, the Commission shall, within 14 days after the hearing, give the incarcerated individual:

    (i) a written report of its findings, including the reasoning and justifications for the decision; and

    (ii) written notice of the date of the incarcerated individual's next parole hearing, in accordance with Sec. 7-307.1 of this subtitle.

#### Section 7-307.1

(a) The Commission does not have the authority to permanently deny parole.

(b) An incarcerated individual is entitled to a subsequent parole hearing:

  (1) for an incarcerated individual sentenced to a period of incarceration of 10 years or less, not later than 2 years after each parole hearing that results in a denial of parole;

  (2) except as provided in item (3) of this subsection, for an incarcerated individual sentenced to a period of incarceration exceeding 10 years, not later than 3 years after each parole hearing that results in a denial of parole; and

  (3) for an incarcerated individual sentenced to a period of incarceration exceeding 20 years for a crime against an individual, not later than 3 years after the first parole hearing that results in a denial of parole and not later than 5 years thereafter.

#### Section 7-307.2

(a) The Commission shall record each hearing.

(b) Each hearing recording shall be:

  (1) redacted of all personally identifiable information of the victim;

  (2) made readily available at no cost to the incarcerated individual; and

  (3) subject to the disclosure provisions of Sec. 3-602 of this article.

(c) Each hearing recording shall be retained electronically until 3 years after the incarcerated individual is released from incarceration, all postincarceration supervision is completed, and all appeals are exhausted, whichever happens last.

(d) At the conclusion of each hearing, the presiding commissioner shall state the findings, reasoning, and justifications of the Commission on the record.

(e) Any statements, recommendations, and other materials considered by the Commission shall be incorporated into the recording of the hearing, unless confidentiality is necessary to preserve institutional security or the security of persons who might be endangered by disclosure.

#### Section 7-308

(a) A parole shall be evidenced by a written order.

(b) Parole entitles the recipient:

  (1) to leave the correctional facility in which the recipient was confined; and

  (2) if the recipient satisfactorily complies with all the terms and conditions provided in the parole order, to serve the remainder of the recipient's term of confinement outside the confines of the correctional facility.

(c) A parolee remains in legal custody until the expiration of the parolee's full, undiminished term.

(d) The chairperson of the Commission shall file a copy of the parole order with the clerk of the court in which the parolee was sentenced.

#### Section 7-309

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Chronically debilitated or incapacitated" means having a diagnosable medical condition that is unlikely to improve in the future and substantially diminishes the ability of the individual to provide self-care.

    (ii) "Chronically debilitated or incapacitated" includes conditions such as dementia or a severe, permanent medical or cognitive disability if the condition substantially diminishes the ability of the individual to provide self-care.

  (3) "Terminal illness" means a disease or condition with an end-of-life trajectory.

(b) This section applies to any incarcerated individual who is sentenced to a term of incarceration for which all sentences being served, including any life sentence, are with the possibility of parole.

(c) An incarcerated individual may be released on medical parole at any time during the term of that incarcerated individual's sentence, without regard to the eligibility standards specified in Sec. 7-301 of this subtitle if a licensed physician has determined that the incarcerated individual:

  (1)

    (i) is chronically debilitated or incapacitated; or

    (ii) suffers from a terminal illness; and

  (2)

    (i) requires extended medical management with health care needs that would be better met by community services; and

    (ii)

      (1) has been rendered physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or

      (2) is no longer a danger to public safety.

(d)

  (1) The information to be considered by the Commission before granting medical parole shall, at a minimum, include:

    (i)

      (1) a recommendation by the medical professional treating the incarcerated individual under contract with the Department or local correctional facility; or

      (2) if requested by an individual identified in subsection (e)(1) of this section, one medical evaluation conducted at no cost to the incarcerated individual by a licensed physician who is independent from the Division of Correction or local correctional facility;

    (ii) the incarcerated individual's medical information, including:

      (1) a description of the incarcerated individual's condition, disease, or syndrome;

      (2) a prognosis concerning the likelihood of recovery from the condition, disease, or syndrome;

      (3) a description of the incarcerated individual's physical incapacity; and

      (4) a mental health evaluation, where relevant;

    (iii) discharge information, including:

      (1) availability of treatment or professional services within the community;

      (2) family support within the community; and

      (3) housing availability, including hospital or hospice care; and

    (iv) case management information, including:

      (1) the circumstances of the current offense;

      (2) institutional history;

      (3) pending charges, sentences in other jurisdictions, and any other detainers; and

      (4) criminal history information.

  (2) If a medical evaluation is requested under paragraph (1)(i)2 of this subsection:

    (i) the evaluation shall consist of an in-person examination of the incarcerated individual; and

    (ii) the Commission shall give equal consideration to the findings of the evaluation and any medical condition detailed in the evaluation in considering whether to grant medical parole.

(e)

  (1) A request for a medical parole under this section may be filed with the Maryland Parole Commission by:

    (i) the incarcerated individual seeking the medical parole;

    (ii) an attorney;

    (iii) a prison official or employee;

    (iv) a medical professional;

    (v) a family member; or

    (vi) any other person.

  (2) The request shall be in writing and shall articulate the grounds that support the appropriateness of granting the medical parole.

(f)

  (1) The incarcerated individual or the incarcerated individual's representative may request a meeting with the Commission.

  (2) If a request for a meeting is made under paragraph (1) of this subsection:

    (i) the Commission shall grant the request for a meeting for any incarcerated individual:

      (1) housed in an infirmary of a correctional facility;

      (2) currently hospitalized outside a correctional facility; or

      (3) who has been frequently housed in an infirmary of a correctional facility or hospitalized outside a correctional facility in the preceding 6 months; and

    (ii) the Commission may, at its discretion, grant the request for a meeting for any incarcerated individual who does not meet the requirements of item (i) of this paragraph.

(g) Following review of the request, the Commission may:

  (1) find the request to be inconsistent with the best interests of public safety and take no further action; or

  (2) request that Department or local correctional facility personnel provide information for formal consideration of parole release.

(h) The Commission may require as a condition of release on medical parole that:

  (1) the parolee agree to placement for a definite or indefinite period of time under the care of a medical provider and in a housing accommodation suitable to the parolee's medical condition, including the family home of the parolee, as specified by the Commission or the supervising agent; and

  (2) the parolee forward authentic copies of applicable medical records to indicate that the particular medical condition giving rise to the release continues to exist.

(i) A parolee shall be returned to the custody of the Division of Correction or the local correctional facility from which the parolee was released if a licensed physician has determined that the parolee:

  (1)

    (i) is no longer chronically debilitated or incapacitated; or

    (ii) no longer suffers from a terminal illness; and

  (2)

    (i) no longer requires extended medical management with health care needs that would be better met by community services; and

    (ii)

      (1) is no longer physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or

      (2) is a danger to society.

(j)

  (1) In this subsection, "imminent death" means death that is likely to occur within 6 months.

  (2) Subject to paragraph (3) of this subsection, provisions of law relating to victim notification and opportunity to be heard shall apply to proceedings relating to medical parole.

  (3) In cases of imminent death, time limits relating to victim notification and opportunity to be heard may be reduced or waived in the discretion of the Commission.

(k) The Commission shall adopt regulations to implement the provisions of this section.

#### Section 7-310

(a) This section applies only to an incarcerated individual who:

  (1) is at least 65 years old;

  (2) has served at least 20 years of incarceration;

  (3) is not a sex offender, as defined in Sec. 11-701 of the Criminal Procedure Article;

  (4) is serving a term of confinement for which all sentences being served, including any life sentence, are with the possibility of parole; and

  (5) has had no category 1A disciplinary infractions within the previous 3-year period.

(b) On an ongoing basis, the Department shall submit to the Commission the name of each incarcerated individual who meets the qualifications under subsection (a) of this section.

(c)

  (1) Within 60 days after receipt of a name under subsection (b) of this section, the Commission shall order a risk assessment for the incarcerated individual if the individual is serving sentences for multiple crimes of violence, as defined in Sec. 14-101 of the Criminal Law Article, with an aggregate term of confinement of 40 years or more.

  (2) The Commission may order a risk assessment for any other incarcerated individual eligible for parole under this section.

(d)

  (1) The Commission shall conduct a parole release hearing under Sec. 7-306 or Sec. 7-307 of this subtitle for each individual whose name is submitted under subsection (b) of this section and determine whether the incarcerated individual is suitable for parole.

  (2) The hearing under this subsection shall be conducted:

    (i) as soon as possible, if no risk assessment is ordered; or

    (ii) on completion of any risk assessment ordered.

(e)

  (1) Except as provided in paragraph (2) of this subsection, an incarcerated individual who has been denied parole under this section may not have a subsequent parole hearing for 5 years.

  (2) An incarcerated individual who has been denied parole under this section may have a subsequent parole hearing at any time if the Commission determines that extraordinary and compelling circumstances justify the subsequent parole hearing.

(f) In addition to the factors specified under Sec. 7-305 of this subtitle, each Commission panel determining whether an incarcerated individual is suitable for parole shall consider and give weight to the age of the incarcerated individual and the impact that the age of the incarcerated individual has on the risk that the incarcerated individual will recidivate.

(g) Any savings realized by the Department as a result of this section shall be used for the purpose of:

  (1) conducting risk assessments for incarcerated individuals;

  (2) conducting parole hearings for incarcerated individuals; and

  (3) providing prerelease and reentry case management and resources for incarcerated individuals who are released on parole.

(h) Every year, the Commission shall report to the Justice Reinvestment Oversight Board on the outcomes of parole considerations made under this section, including:

  (1) the number of incarcerated individuals who are subject to this section who are denied parole and released on parole;

  (2) the reason for each decision to release an incarcerated individual on parole;

  (3) the reason for each decision to deny parole to an incarcerated individual;

  (4) of the number of incarcerated individuals who are released on parole, the number of individuals who are convicted of an offense committed after release;

  (5) the average time between when an incarcerated individual becomes eligible for parole consideration under this section and when the incarcerated individual receives the first parole hearing required by this section; and

  (6) the average time between parole hearings for incarcerated individuals who are subject to this section.

(i)

  (1) The Commission shall adopt regulations to implement the provisions of this section.

  (2) The regulations required by this subsection shall include a requirement that the Department provide any incarcerated individual subject to this section with information on the regulations at least once every year.

### Subtitle 4. Revocation of Parole; Modification of Parole; Conviction of Crime Committed While on Parole

#### Section 7-401

(a) If a parolee is alleged to have violated a condition of parole, one commissioner shall hear the case on revocation of the parole at the time and place that the Commission designates.

(b)

  (1) Each individual charged with a parole violation is entitled to be represented by counsel of the individual's choice or, if eligible, counsel provided by the Public Defender's office.

  (2) The Commission shall keep a record of the hearing.

(c) If the commissioner finds from the evidence that the parolee has violated a condition of parole, the commissioner may take any action that the commissioner considers appropriate, including:

  (1)

    (i) subject to subsection (d)(1) of this section, revoking the order of parole;

    (ii) setting a future hearing date for consideration for reparole; and

    (iii) remanding the individual to the Division of Correction or local correctional facility from which the individual was paroled; or

  (2) continuing parole:

    (i) without modification of its conditions; or

    (ii) with modification of its conditions, including a requirement that the parolee spend all or part of the remaining parole period in a home detention program.

(d)

  (1) Subject to paragraph (4) of this subsection, if an order of parole is revoked due to a technical violation, as defined in Sec. 6-101 of this article, the commissioner hearing the parole revocation may require the individual to serve a period of imprisonment of:

    (i) for a first violation, not more than 15 days;

    (ii) for a second violation, not more than 30 days; and

    (iii) for a third violation, not more than 45 days.

  (2) Subject to paragraph (3) of this subsection and further action by the Commission, if the order of parole is revoked for a fourth or subsequent technical violation or a violation that is not a technical violation, the commissioner hearing the parole revocation, in the commissioner's discretion, may require the incarcerated individual to serve any unserved portion of the sentence originally imposed.

  (3) An incarcerated individual may not receive credit for time between release on parole and revocation of parole if:

    (i) the incarcerated individual was serving a sentence for a violent crime when parole was revoked; and

    (ii) the parole was revoked due to a finding that the incarcerated individual committed a violent crime while on parole.

  (4)

    (i) There is a rebuttable presumption that the limits on the period of imprisonment that may be imposed for a technical violation established in paragraph (1) of this subsection are applicable.

    (ii) The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the period of imprisonment established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:

      (1) the nature of the parole violation;

      (2) the facts and circumstances of the crime for which the parolee was convicted; and

      (3) the parolee's history.

    (iii) On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:

      (1) direct imposition of a longer period of imprisonment than provided in paragraph (1) of this subsection, but no more than the time remaining on the original sentence; or

      (2) commit the parolee to the Maryland Department of Health for treatment under Sec. 8-507 of the Health - General Article.

    (iv) A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Subtitle 4 of the Courts Article.

(e) Subject to subsection (d) of this section, if a sentence has commenced as provided under Sec. 9-202(c)(2) of this article and the incarcerated individual is serving that sentence when the order of parole is revoked, any reimposed portion of the sentence originally imposed shall begin at the expiration of any sentences which were begun under Sec. 9-202(c)(2) of this article.

(f)

  (1) The incarcerated individual may seek judicial review in the circuit court within 30 days after receiving the written decision of the Commission.

  (2) The court shall hear the action on the record.

#### Section 7-402

(a)

  (1) On recommendation of the Division of Parole and Probation or on the Commission's own initiative, the Commission may modify the conditions of parole at any time for good cause.

  (2) The modification may include imposing home detention as a condition of parole.

(b)

  (1) The Commission shall adopt procedures for the modification of conditions of parole that give a parolee an opportunity to show why the conditions should not be modified.

  (2) This section does not require a hearing or establish a right of judicial review.

#### Section 7-403

(a)

  (1) If a parolee is convicted of a crime committed while on parole and is sentenced to an additional term of imprisonment in any correctional facility in this State, the court shall determine if the new sentence is to run concurrently or consecutively, as required under Maryland Rule 4-351(a)(5).

  (2) If the new sentence is to run consecutively:

    (i) the new sentence shall begin as provided in Sec. 9-202(c) of this article; and

    (ii) any reimposition of the original sentence on parole shall begin as provided in Sec. 7-401 of this subtitle.

(b) If a parolee is convicted in another state of a crime committed while on parole and is sentenced to serve a term of imprisonment in a correctional facility in the other state, the Commission shall file with the managing official of the correctional facility in the other state a declaration of violation of parole to serve as a detainer on the parolee's release from the correctional facility.

### Subtitle 5. Mandatory Supervision

#### Section 7-501

(a) Except as provided in subsection (b) of this section, the Division of Correction shall grant a conditional release from confinement to an incarcerated individual who:

  (1) is serving a term of confinement of more than 18 months;

  (2) was sentenced on or after July 2, 1970, to the jurisdiction of the Division of Correction; and

  (3) has served the term or terms, less diminution credit awarded under Title 3, Subtitle 7 and Title 11, Subtitle 5 of this article.

(b) An incarcerated individual convicted of a violent crime committed on or after October 1, 2009, is not eligible for a conditional release under this section until after the incarcerated individual becomes eligible for parole under Sec. 7-301(c) or (d) of this title.

#### Section 7-502

(a) An individual on mandatory supervision remains in legal custody until the expiration of the individual's full term.

(b) An individual on mandatory supervision is subject to:

  (1) all laws, rules, regulations, and conditions that apply to parolees; and

  (2) any special conditions established by a commissioner.

(c) If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on mandatory supervision and the mandatory supervision is revoked, diminution credits that were awarded before the incarcerated individual's release on mandatory supervision may not be applied toward the incarcerated individual's term of confinement on return to the Division.

#### Section 7-503

(a)

  (1) Subject to paragraph (2) of this subsection, the Division of Correction shall issue a written order before an incarcerated individual is released on mandatory supervision that specifies the terms and conditions that must be met by the incarcerated individual in order for the incarcerated individual to serve the remainder of the incarcerated individual's term outside a correctional facility.

  (2) Paragraph (1) of this subsection does not apply in the case of an incarcerated individual who is released to a detainer.

(b) If a court previously ordered an individual to pay restitution as a part of a sentence or as a condition of probation, the individual shall be required to make restitution payments while under mandatory supervision as a condition of mandatory supervision.

#### Section 7-504

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Technical violation" has the meaning stated in Sec. 6-101 of this article.

  (3) "Term of confinement" has the meaning stated in Sec. 3-701 of this article.

(b)

  (1) Subject to paragraph (3) of this subsection, the commissioner presiding at an individual's mandatory supervision revocation hearing may revoke diminution credits previously earned by the individual on the individual's term of confinement in accordance with the following schedule:

    (i) not more than 15 days for a first technical violation;

    (ii) not more than 30 days for a second technical violation;

    (iii) not more than 45 days for a third technical violation; and

    (iv) up to all remaining days for a fourth or subsequent technical violation or a violation that is not a technical violation.

  (2) Nothing in this section affects the prohibition against the application of diminution credits under Sec. 7-502 of this subtitle to the term of confinement of an incarcerated individual convicted and sentenced to imprisonment for a crime committed while on mandatory supervision.

  (3)

    (i) There is a rebuttable presumption that the limits on the revocation of diminution credits for a technical violation established in paragraph (1) of this subsection are applicable.

    (ii) The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the revocation of diminution credits established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:

      (1) the nature of the mandatory supervision violation;

      (2) the facts and circumstances of the crime for which the incarcerated individual was convicted; and

      (3) the incarcerated individual's history.

    (iii) On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:

      (1) direct that a greater number of diminution credits be revoked than provided in paragraph (1) of this subsection; or

      (2) commit the incarcerated individual to the Maryland Department of Health for treatment under Sec. 8-507 of the Health - General Article.

    (iv) A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Title 12, Subtitle 4 of the Courts Article.

#### Section 7-505

(a) At least 60 days before the day that an incarcerated individual is scheduled to be released on mandatory supervision, the Division of Parole and Probation and the Division of Correction shall perform the same duties that are performed for a parole release.

(b) If an incarcerated individual is released on mandatory supervision and the victim made a written request for notification under Sec. 7-801(b)(1)(ii) of this title or if the victim or the victim's representative filed a notification request form under Sec. 11-104 of the Criminal Procedure Article, the Department shall notify the victim or victim's representative:

  (1) if a warrant or subpoena is issued by the Commission for an alleged violation of a condition of mandatory supervision;

  (2) if the individual has been found in violation or not in violation of a condition of mandatory supervision; and

  (3) of any punishment imposed for the individual's violation of a condition of mandatory supervision.

#### Section 7-506

This subtitle does not prevent the delivery of an incarcerated individual to a State or federal authority that is entitled to the incarcerated individual.

### Subtitle 6. Commutation of Sentence; Pardon

#### Section 7-601

(a) On giving the notice required by the Maryland Constitution, the Governor may:

  (1) change a sentence of death into a sentence of life without the possibility of parole;

  (2) pardon an individual convicted of a crime subject to any conditions the Governor requires; or

  (3) remit any part of a sentence of imprisonment subject to any conditions the Governor requires, without the remission operating as a full pardon.

(b)

  (1) A pardon or commutation of sentence shall be evidenced by a written executive order signed by the Governor under the great seal.

  (2) An order granting a pardon or conditional pardon shall clearly indicate on its face whether it is a partial or full pardon.

(c) There is a presumption that the grantee of a pardon was lawfully and properly convicted of a crime against the State unless the order granting the pardon states that the grantee has been shown conclusively to have been convicted in error.

#### Section 7-602

(a) Unless the order granting a pardon provides otherwise, the Governor is the sole judge of whether a condition of a conditional pardon has been violated.

(b) A determination by the Governor that a condition of a conditional pardon has been violated by the grantee is final and not subject to review by any court of the State.

#### Section 7-603

Unless the Governor orders otherwise, if the Governor revokes a conditional pardon for a breach of any of its conditions, the individual released on the conditional pardon:

(1) shall serve the unserved portion of the sentence originally imposed; and

(2) may not be granted credit for serving any portion of the original sentence during the time that the individual was released under the conditional pardon.

### Subtitle 7. Payment of Restitution and Fees

#### Section 7-701

(a) If the Commission grants parole to an individual whom a court has ordered to make restitution as part of a sentence or as a condition of probation, the Commission shall require the individual to make restitution payments while on parole as a condition of parole.

(b) Except as provided in subsection (c) of this section, a pardon, partial pardon, conditional pardon, commutation of sentence, or parole does not affect any judgment entered under Title 11, Subtitle 6 of the Criminal Procedure Article.

(c) If the Governor orders a pardon and states as a part of the order that the defendant was convicted in error, the order discharges any judgment against the defendant under Title 11, Subtitle 6 of the Criminal Procedure Article.

### Subtitle 8. Victims' Rights; Notice to Sentencing Judge

#### Section 7-801

(a)

  (1) In this subtitle the following words have the meanings indicated.

  (2) "Victim" has the meaning stated in Sec. 11-104 of the Criminal Procedure Article.

  (3) "Victim's representative" has the meaning stated in Sec. 11-104 of the Criminal Procedure Article.

(b)

  (1) At least 90 days before an incarcerated individual's parole release hearing, the Department shall notify the victim or the victim's representative in writing, directed to the most current address on file, that the parole release hearing has been scheduled if:

    (i) the victim or the victim's representative filed a notification request form under Sec. 11-104 of the Criminal Procedure Article; or

    (ii) the victim makes a written request to the Department for notification and maintains a current address on file with the Department.

  (2) The victim may designate in writing to the Department the name and address of a representative who is a resident of the State to receive notice for the victim.

(c)

  (1) Not later than 30 days after the date of the Department's notice under subsection (b) of this section, the victim of a crime may submit to the Department a written request that the Division of Parole and Probation be required to complete an updated victim impact statement.

  (2) If the victim submits a request as authorized by paragraph (1) of this subsection, the Department shall direct the Division of Parole and Probation to:

    (i) complete the updated statement at least 30 days before the parole release hearing; and

    (ii) send promptly the updated victim impact statement to the Commission.

(d) A victim may:

  (1) at least 30 days before the parole release hearing:

    (i) make a written recommendation to the Commission on the advisability of releasing the incarcerated individual on parole; and

    (ii) request that the incarcerated individual be prohibited from having any contact with the victim as a condition of parole, mandatory supervision, work release, or other administrative release; and

  (2) request a meeting with a commissioner.

(e) The Commission shall make an updated victim impact statement and a victim's written recommendation available for review by the incarcerated individual or the incarcerated individual's representative under Sec. 7-303(b) of this title.

(f) The Commission shall consider an updated victim impact statement or victim's written recommendation at the parole release hearing.

(g) If a victim requested an open hearing under Sec. 7-304 of this title, the victim may present oral testimony at the incarcerated individual's parole release hearing in a manner established in regulations adopted by the Commission.

(h) The Department shall notify promptly the victim or the victim's representative of the decision of the Commission regarding parole for the incarcerated individual.

#### Section 7-802

(a) If an incarcerated individual is sentenced to the Division of Correction and, at the time of sentencing, the sentencing judge makes a written request for notification, the Commission shall:

  (1) at least 90 days before the parole release hearing, notify the sentencing judge in writing that a parole release hearing is scheduled for the incarcerated individual; and

  (2) promptly notify the sentencing judge of the Commission's final decision regarding parole for the incarcerated individual.

(b) The Commission shall make any recommendation made by the sentencing judge at the time of sentencing available for review by the incarcerated individual or the incarcerated individual's representative under Sec. 7-303(b) of this title.

#### Section 7-803

(a) If a victim made a written request for notification under Sec. 7-801(b)(1)(ii) of this subtitle or if a victim or a victim's representative has filed a notification request form under Sec. 11-104 of the Criminal Procedure Article, the Commission, if practicable, shall notify the victim in writing at least 90 days before entering into or signing a predetermined parole release agreement with an incarcerated individual.

(b) The Commission may not enter into a predetermined parole release agreement unless the Commission has notified the victim under subsection (a) of this section.

#### Section 7-804

If an individual was convicted of a crime and the victim made a written request for notification under Sec. 7-801(b)(1)(ii) of this subtitle or if the victim or the victim's representative filed a notification request form under Sec. 11-104 of the Criminal Procedure Article, the Department shall notify the victim or the victim's representative:

(1) that a warrant or subpoena was issued by the Commission for the individual's alleged violation of a condition of parole;

(2) that the individual has been found in violation or not in violation of a condition of parole; and

(3) of the punishment imposed on the individual for violating a condition of parole.

#### Section 7-805

(a) If the victim made a written request to the Department for notification and maintains a current address on file with the Department or the victim or the victim's representative filed a notification request form under Sec. 11-104 of the Criminal Procedure Article, the Department shall notify the victim or the victim's representative in writing that an incarcerated individual sentenced to the Division of Correction is being considered for a:

  (1) commutation of sentence;

  (2) pardon; or

  (3) remission of sentence.

(b)

  (1) The victim may submit to the Commission a victim impact statement and recommendation.

  (2) The Commission shall make the victim impact statement and recommendation available for review by the incarcerated individual or the incarcerated individual's representative subject to Sec. 7-303(b) of this title.

(c) If a victim impact statement or recommendation is submitted under this section, the Commission shall consider the victim impact statement or recommendation.

(d) A victim may request a meeting with a commissioner.

(e) The Department shall notify promptly the victim or the victim's designated representative of the Commission's decision.

(f) The victim may designate in writing to the Department the name and address of a representative to receive notice for the victim.

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Md. Code Ann., Corr. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)