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<section article="gcs" article_name="Correctional Services" number="7-205" title_number="7" title_name="Parole, Release on Mandatory Supervision, and Executive Clemency" subtitle_number="2" subtitle_name="Maryland Parole Commission">
  <level label="a">
    <text>The Commission has the exclusive power to:</text>
    <level label="1">
      <text>authorize the parole of an individual sentenced under the laws of the State to any correctional facility in the State;</text>
    </level>
    <level label="2">
      <text>negotiate, enter into, and sign predetermined parole release agreements as provided under subsection (b) of this section;</text>
    </level>
    <level label="3">
      <text>hear cases for parole or administrative release in which:</text>
      <level label="i">
        <text>the Commissioner of Correction, after reviewing the recommendation of the appropriate managing official, objects to a parole;</text>
      </level>
      <level label="ii">
        <text>the incarcerated individual was convicted of a homicide;</text>
      </level>
      <level label="iii">
        <text>the incarcerated individual is serving a sentence of life imprisonment;</text>
      </level>
      <level label="iv">
        <text>the parole hearing is open to the public under § 7–304 of this title;</text>
      </level>
      <level label="v">
        <text>the incarcerated individual fails to meet the requirements of the administrative release process established under § 7–301.1 of this title;</text>
      </level>
      <level label="vi">
        <text>a victim requests a hearing as provided under § 7–301.1 of this title; or</text>
      </level>
      <level label="vii">
        <text>the Commission finds that a hearing for administrative release is necessary under § 7–301.1 of this title;</text>
      </level>
    </level>
    <level label="4">
      <text>hear exceptions to recommendations of a hearing examiner or a commissioner acting as a hearing examiner;</text>
    </level>
    <level label="5">
      <text>review summarily all recommendations of a hearing examiner or a commissioner acting as a hearing examiner to which an exception has not been filed;</text>
    </level>
    <level label="6">
      <text>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;</text>
    </level>
    <level label="7">
      <text>hear cases of parole revocation;</text>
    </level>
    <level label="8">
      <text>if delegated by the Governor, hear cases involving an alleged violation of a conditional pardon; and</text>
    </level>
    <level label="9">
      <text>determine conditions for administrative release under § 7–301.1 of this title.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>As necessary to carry out its duties, the Commission may:</text>
    <level label="1">
      <text>issue subpoenas requiring the attendance and testimony of witnesses;</text>
    </level>
    <level label="2">
      <text>administer oaths; and</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The fine imposed under paragraph (1) of this subsection shall be paid into the General Fund of the State.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
</section>
