In this title the following words have the meanings indicated. “Commission” means the Maryland Parole Commission. “Commissioner” means a member of the Maryland Parole Commission. “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. “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. “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. “Mandatory supervision” means a conditional release from confinement that is granted to an incarcerated individual under § 7–501 of this title. “Mandatory supervision” includes a conditional release granted before July 1, 1989 that was referred to as “mandatory release”. “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. “Parole” means a conditional release from confinement granted by the Commission to an incarcerated individual. “Parolee” means an incarcerated individual who has been released on parole. “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. “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. “Violent crime” means: a crime of violence as defined in § 14–101 of the Criminal Law Article; or burglary in the first, second, or third degree.

This title does not apply to: an incarcerated individual retained in the custody of Patuxent Institution for: examination to determine if the incarcerated individual is an eligible person, as defined in § 4–101 of this article; or confinement as an eligible person under Title 4 of this article; or a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.

In this section, “offender” has the meaning stated in § 6–101 of this article. The Department may issue a certificate of completion to an offender who: was supervised by the Department under conditions of: parole; probation; or mandatory release supervision; has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and is no longer under the jurisdiction of the Department.

The Department shall issue a certificate of rehabilitation to an individual who: was convicted of a misdemeanor or felony that is not: a crime of violence, as defined in § 14–101 of the Criminal Law Article; or a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; was supervised by the Division of Parole and Probation under conditions of: parole; probation; or mandatory release supervision; has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and is no longer under the jurisdiction of the Division of Parole and Probation. 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. 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: there is a direct relationship between the applicant’s previous conviction and the specific occupational license or certificate sought; or 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. In making a determination under subsection (c) of this section, the licensing board shall consider: the policy of the State expressed in subsection (b) of this section; the specific duties and responsibilities required of a licensee or certificate holder; 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; the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction; the seriousness of the offense for which the applicant was convicted; other information provided by the applicant or on the applicant’s behalf with regard to the applicant’s rehabilitation and good conduct; and the legitimate interest of the Department in protecting property and the safety and welfare of specific individuals or the general public. An individual may receive only one certificate of rehabilitation per lifetime. The Supreme Court of Maryland is not a licensing board for purposes of this section. 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.