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:
has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and
has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.
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.
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:
is not serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article;
is not serving a sentence for a violation of Title 3, Subtitle 6, § 5–608(d), § 5–609(d), § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; and
has been determined to be amenable to treatment.
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.
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:
one–fourth of the incarcerated individual’s aggregate sentence; or
a period equal to the term during which the incarcerated individual is not eligible for parole.
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:
one–half of the incarcerated individual’s aggregate sentence for violent crimes; or
one–fourth of the incarcerated individual’s total aggregate sentence.
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:
one–half of the incarcerated individual’s aggregate sentence for violent crimes;
one–fourth of the incarcerated individual’s total aggregate sentence; or
a period equal to the term during which the incarcerated individual is not eligible for parole.
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:
one–fourth of the incarcerated individual’s aggregate sentence; or
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.
Except as provided in paragraphs (2) and (3) of this subsection:
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 § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and
an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under § 2–203 or § 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.
This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7–601 of this title.
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.
In this section the following words have the meanings indicated.
“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.
“Eligible incarcerated individual” means an incarcerated individual who:
has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility;
is serving a sentence for which the most serious offense is:
a violation of §§ 5–601 through 5–606 of the Criminal Law Article; or
a violation involving a value of $1,500 or less of § 7–104, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, § 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article;
does not have a prior conviction for:
a violent crime; or
a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;
does not have two or more convictions for a violation of §§ 5–602 through 5–606 of the Criminal Law Article; and
if serving a sentence with a term of confinement that includes a mandatory minimum sentence, has served the mandatory portion of the sentence.
“Victim” means:
a person who is the victim of a crime committed by an eligible incarcerated individual; or
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.
For an incarcerated individual in a correctional facility, the Commission shall:
conduct an investigation to determine the incarcerated individual’s eligibility for administrative release;
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
calculate a tentative release eligibility date for an eligible incarcerated individual.
The investigations required under paragraph (1) of this subsection shall be completed and submitted to the Commission within 60 days of commitment.
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.
The individual case plans developed under subsection (c) of this section and § 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.
An individual case plan may include conditions that apply after an incarcerated individual is released on administrative release.
The Division of Correction and each local correctional facility shall:
review the progress of an eligible incarcerated individual’s case plan every 8 weeks from the date the case plan was developed;
send a progress report on each eligible incarcerated individual’s case plan to the Commission every 4 months; and
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.
The Commission may provide written input on the eligible incarcerated individual’s progress toward completion of the case plan.
Notwithstanding the limitations on who is considered a victim in § 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.
As provided in § 7–801 of this title, the Commission shall notify a victim of:
the eligible incarcerated individual’s administrative release eligibility date;
the victim’s right to request an open hearing under § 7–304 of this subtitle; and
the victim’s right to submit written testimony concerning the crime and the impact of the crime on the victim.
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:
the incarcerated individual has complied with the case plan developed under subsection (c) of this section or § 3–601(d) of this article;
the incarcerated individual has not committed a category 1 rule violation, as defined in 12.02.27.04 of the Code of Maryland Regulations;
a victim has not requested a hearing under subsection (f) of this section; and
the Commission finds a hearing unnecessary considering the incarcerated individual’s history, progress, and compliance.
An individual on administrative release is subject to:
the jurisdiction of the Commission in the same manner as a parolee; and
all laws and conditions that apply to parolees.
An eligible incarcerated individual who is not released on administrative release under this section is otherwise eligible for release as provided under this subtitle.
The Commission or the Commission’s hearing examiners shall hear cases for parole release:
at least once each month at each correctional facility in the Division of Correction; and
as often as necessary at other correctional facilities in the State at which incarcerated individuals eligible for parole consideration are confined.
Before any hearing on parole release, the Commission shall give the incarcerated individual and the incarcerated individual’s representative:
adequate and timely written notice of:
the date, time, and place of the hearing; and
the factors that the Commission or hearing examiner will consider in determining whether the incarcerated individual is suitable for parole; and
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:
the case plan;
the pre–parole summary;
the full report of any risk assessment completed in preparation for the hearing on parole release; and
the case manager’s recommendation.
A document, or a portion of it, is not available for examination if the Commission determines that:
the document or portion contains a diagnostic opinion and the diagnosing clinician has determined in writing that disclosure of the diagnostic opinion is contraindicated;
the incarcerated individual’s knowledge of the document or portion would disrupt seriously a program of rehabilitation;
the document or portion contains sources of information obtained on a promise of confidentiality; or
the document or portion is otherwise privileged.
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:
the document or portion is not available for examination; and
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.
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.
A parole hearing shall be open to the public if:
a victim, as defined in § 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
a victim or a victim’s representative files a notification request form under § 11–104 of the Criminal Procedure Article; and
within a reasonable amount of time before a scheduled hearing, the victim makes a written request that the hearing be open to the public.
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.
Subject to subsection (d) of this section, the victim or victim’s representative has the right to attend an open parole hearing.
The Commission or a panel of commissioners may:
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;
deny admission or continued attendance at a parole hearing to an individual who:
threatens or presents a danger to the security of the facility in which the hearing is being held;
threatens or presents a danger to other attendees or participants; or
disrupts the hearing;
close a parole hearing to deliberate on the evidence and any other relevant information received at the hearing; or
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.
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.
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:
the circumstances surrounding the crime;
the physical, mental, and moral qualifications of the incarcerated individual;
the progress of the incarcerated individual during confinement, including the academic progress of the incarcerated individual in the mandatory education program required under § 22–102 of the Education Article;
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;
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;
whether release of the incarcerated individual on parole is compatible with public safety;
any victim’s original or subsequently filed victim impact statement, an updated victim impact statement, or any recommendation prepared under § 7–801 of this title;
any recommendation made by the sentencing judge at the time of sentencing;
any information that is presented to a commissioner at a meeting with the victim;
any testimony presented to the Commission by the victim or the victim’s designated representative under § 7–801 of this title; and
compliance with the case plan developed under § 7–301.1 of this subtitle or § 3–601 of this article.
The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.
Each proceeding before a hearing examiner shall be conducted in accordance with this section.
The Commission shall keep a record of each hearing conducted by a hearing examiner.
A hearing examiner shall determine if an incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
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.
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.
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.
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.
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.
The Commission or panel shall render a written decision on the appeal.
The decision of the Commission or panel is final.
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.
The Commission shall promptly give the incarcerated individual written notice of its final decision under this section.
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 § 7–307.1 of this subtitle.
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.
Each proceeding before a Commission panel shall be conducted in accordance with this section.
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 § 7–305 of this subtitle.
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.
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 § 7–305 of this subtitle.
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 § 7–305 of this subtitle.
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.
If parole is denied, the Commission shall, within 14 days after the hearing, give the incarcerated individual:
a written report of its findings, including the reasoning and justifications for the decision; and
written notice of the date of the incarcerated individual’s next parole hearing, in accordance with § 7–307.1 of this subtitle.
The Commission does not have the authority to permanently deny parole.
An incarcerated individual is entitled to a subsequent parole hearing:
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;
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
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.
The Commission shall record each hearing.
Each hearing recording shall be:
redacted of all personally identifiable information of the victim;
made readily available at no cost to the incarcerated individual; and
subject to the disclosure provisions of § 3–602 of this article.
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.
At the conclusion of each hearing, the presiding commissioner shall state the findings, reasoning, and justifications of the Commission on the record.
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.
A parole shall be evidenced by a written order.
Parole entitles the recipient:
to leave the correctional facility in which the recipient was confined; and
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.
A parolee remains in legal custody until the expiration of the parolee’s full, undiminished term.
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.
In this section the following words have the meanings indicated.
“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.
“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.
“Terminal illness” means a disease or condition with an end–of–life trajectory.
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.
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 § 7–301 of this subtitle if a licensed physician has determined that the incarcerated individual:
is chronically debilitated or incapacitated; or
suffers from a terminal illness; and
requires extended medical management with health care needs that would be better met by community services; and
has been rendered physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or
is no longer a danger to public safety.
The information to be considered by the Commission before granting medical parole shall, at a minimum, include:
a recommendation by the medical professional treating the incarcerated individual under contract with the Department or local correctional facility; or
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;
the incarcerated individual’s medical information, including:
a description of the incarcerated individual’s condition, disease, or syndrome;
a prognosis concerning the likelihood of recovery from the condition, disease, or syndrome;
a description of the incarcerated individual’s physical incapacity; and
a mental health evaluation, where relevant;
discharge information, including:
availability of treatment or professional services within the community;
family support within the community; and
housing availability, including hospital or hospice care; and
case management information, including:
the circumstances of the current offense;
institutional history;
pending charges, sentences in other jurisdictions, and any other detainers; and
criminal history information.
If a medical evaluation is requested under paragraph (1)(i)2 of this subsection:
the evaluation shall consist of an in–person examination of the incarcerated individual; and
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.
A request for a medical parole under this section may be filed with the Maryland Parole Commission by:
the incarcerated individual seeking the medical parole;
an attorney;
a prison official or employee;
a medical professional;
a family member; or
any other person.
The request shall be in writing and shall articulate the grounds that support the appropriateness of granting the medical parole.
The incarcerated individual or the incarcerated individual’s representative may request a meeting with the Commission.
If a request for a meeting is made under paragraph (1) of this subsection:
the Commission shall grant the request for a meeting for any incarcerated individual:
housed in an infirmary of a correctional facility;
currently hospitalized outside a correctional facility; or
who has been frequently housed in an infirmary of a correctional facility or hospitalized outside a correctional facility in the preceding 6 months; and
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.
Following review of the request, the Commission may:
find the request to be inconsistent with the best interests of public safety and take no further action; or
request that Department or local correctional facility personnel provide information for formal consideration of parole release.
The Commission may require as a condition of release on medical parole that:
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
the parolee forward authentic copies of applicable medical records to indicate that the particular medical condition giving rise to the release continues to exist.
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:
is no longer chronically debilitated or incapacitated; or
no longer suffers from a terminal illness; and
no longer requires extended medical management with health care needs that would be better met by community services; and
is no longer physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or
is a danger to society.
In this subsection, “imminent death” means death that is likely to occur within 6 months.
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.
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.
The Commission shall adopt regulations to implement the provisions of this section.
This section applies only to an incarcerated individual who:
is at least 65 years old;
has served at least 20 years of incarceration;
is not a sex offender, as defined in § 11–701 of the Criminal Procedure Article;
is serving a term of confinement for which all sentences being served, including any life sentence, are with the possibility of parole; and
has had no category 1A disciplinary infractions within the previous 3–year period.
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.
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 § 14–101 of the Criminal Law Article, with an aggregate term of confinement of 40 years or more.
The Commission may order a risk assessment for any other incarcerated individual eligible for parole under this section.
The Commission shall conduct a parole release hearing under § 7–306 or § 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.
The hearing under this subsection shall be conducted:
as soon as possible, if no risk assessment is ordered; or
on completion of any risk assessment ordered.
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.
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.
In addition to the factors specified under § 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.
Any savings realized by the Department as a result of this section shall be used for the purpose of:
conducting risk assessments for incarcerated individuals;
conducting parole hearings for incarcerated individuals; and
providing prerelease and reentry case management and resources for incarcerated individuals who are released on parole.
Every year, the Commission shall report to the Justice Reinvestment Oversight Board on the outcomes of parole considerations made under this section, including:
the number of incarcerated individuals who are subject to this section who are denied parole and released on parole;
the reason for each decision to release an incarcerated individual on parole;
the reason for each decision to deny parole to an incarcerated individual;
of the number of incarcerated individuals who are released on parole, the number of individuals who are convicted of an offense committed after release;
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
the average time between parole hearings for incarcerated individuals who are subject to this section.
The Commission shall adopt regulations to implement the provisions of this section.
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.