There is a Maryland Parole Commission in the Department.

The Commission consists of ten members. With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the members of the Commission. Each commissioner shall: be appointed without regard to political affiliation; be a resident of the State; and have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology. Each commissioner: shall devote full time to the duties of the Commission; and may not have any other employment that conflicts with the commissioner’s devotion of full time to the duties of the Commission. The term of a commissioner is 6 years. At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies. 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. With the approval of the Governor, the Secretary may remove a commissioner for disability, neglect of duty, or misconduct in office. Before removing a commissioner, the Secretary shall: give the commissioner written notice of the charges against the commissioner; and hold a public hearing on the charges. 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. A hearing examiner appointed under this subsection is entitled to the same compensation as a commissioner. 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. With the approval of the Governor, the Secretary shall designate a chairperson of the Commission from among its members.

Each commissioner is entitled to: compensation in accordance with the State budget; and reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. 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.

The Commission shall appoint the staff necessary to perform the duties of the Commission. The activities of the staff may not duplicate or conflict with the functions and services of the Division of Parole and Probation. 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. 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. Each hearing examiner shall: be appointed without regard to political affiliation; be a resident of the State; and have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology. A hearing examiner is entitled to compensation in accordance with the State budget. 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 § 7-205(a)(3) of this subtitle.

The Commission has the exclusive power to: authorize the parole of an individual sentenced under the laws of the State to any correctional facility in the State; negotiate, enter into, and sign predetermined parole release agreements as provided under subsection (b) of this section; hear cases for parole or administrative release in which: the Commissioner of Correction, after reviewing the recommendation of the appropriate managing official, objects to a parole; the incarcerated individual was convicted of a homicide; the incarcerated individual is serving a sentence of life imprisonment; the parole hearing is open to the public under § 7–304 of this title; the incarcerated individual fails to meet the requirements of the administrative release process established under § 7–301.1 of this title; a victim requests a hearing as provided under § 7–301.1 of this title; or the Commission finds that a hearing for administrative release is necessary under § 7–301.1 of this title; hear exceptions to recommendations of a hearing examiner or a commissioner acting as a hearing examiner; review summarily all recommendations of a hearing examiner or a commissioner acting as a hearing examiner to which an exception has not been filed; 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; hear cases of parole revocation; if delegated by the Governor, hear cases involving an alleged violation of a conditional pardon; and determine conditions for administrative release under § 7–301.1 of this title. 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. 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. This subsection does not affect any diminution of an incarcerated individual’s term of confinement awarded under Title 3, Subtitle 7 and §§ 9–506 and 9–513 of this article or an incarcerated individual’s eligibility for administrative release under § 7–301.1 of this title. 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. As necessary to carry out its duties, the Commission may: issue subpoenas requiring the attendance and testimony of witnesses; administer oaths; and 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. 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. The fine imposed under paragraph (1) of this subsection shall be paid into the General Fund of the State. 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 § 9–101 of the Criminal Law Article.

The Commission shall: evaluate information on the activities of parolees that the Division of Parole and Probation reports; 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; review and make recommendations to the Governor: concerning parole of an incarcerated individual under a sentence of life imprisonment; and if requested by the Governor, concerning a pardon, commutation of sentence, or other clemency; establish and modify general policy governing the conduct of parolees; and 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.

Subject to the approval of the Secretary, the Commission shall adopt regulations governing its policies and activities under this title. Notwithstanding the provisions of § 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. The Commission may adopt regulations governing: the conduct of proceedings before it or the hearing examiners; and the review and disposition of written exceptions to the recommendation of a hearing examiner.

The Commission shall: maintain a record of its actions; make an annual report to the Governor of its work; and make appropriate recommendations for the improvement of its functions. The annual report required under subsection (a)(2) of this section shall include the following information, disaggregated by race of the relevant incarcerated individuals: the number of cases in which the Commission granted parole; the number of cases in which the Commission denied parole and the reason for each denial; the number of incarcerated individuals who were granted administrative release; the number of hearings held and the purpose of each hearing; the number of incarcerated individuals who are parole–eligible but have not been granted parole; the number of administrative reviews completed by the Commission; and the number of parole revocation hearings held and the outcome of each parole revocation hearing.