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: is serving a term of confinement of more than 18 months; was sentenced on or after July 2, 1970, to the jurisdiction of the Division of Correction; and has served the term or terms, less diminution credit awarded under Title 3, Subtitle 7 and Title 11, Subtitle 5 of this article. 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 § 7–301(c) or (d) of this title.

An individual on mandatory supervision remains in legal custody until the expiration of the individual’s full term. An individual on mandatory supervision is subject to: all laws, rules, regulations, and conditions that apply to parolees; and any special conditions established by a commissioner. 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.

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

In this section the following words have the meanings indicated. “Technical violation” has the meaning stated in § 6–101 of this article. “Term of confinement” has the meaning stated in § 3–701 of this article. 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: not more than 15 days for a first technical violation; not more than 30 days for a second technical violation; not more than 45 days for a third technical violation; and up to all remaining days for a fourth or subsequent technical violation or a violation that is not a technical violation. Nothing in this section affects the prohibition against the application of diminution credits under § 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. 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. 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: the nature of the mandatory supervision violation; the facts and circumstances of the crime for which the incarcerated individual was convicted; and the incarcerated individual’s history. 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: direct that a greater number of diminution credits be revoked than provided in paragraph (1) of this subsection; or commit the incarcerated individual to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article. 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.

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. If an incarcerated individual is released on mandatory supervision and the victim made a written request for notification under § 7–801(b)(1)(ii) of this title or if the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or victim’s representative: if a warrant or subpoena is issued by the Commission for an alleged violation of a condition of mandatory supervision; if the individual has been found in violation or not in violation of a condition of mandatory supervision; and of any punishment imposed for the individual’s violation of a condition of mandatory supervision.

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