The law establishing the Parole Commission of the State of Maryland provides for a separate agency within the Department of Public Safety and Correctional Services with exclusive power to hear cases for parole release and revocation and to authorize the parole of persons sentenced under the laws of this State from any penal or correctional institution. The Commission also has the power to issue warrants for the return to custody of alleged violators of parole and to revoke a parole upon a showing of a violation of the conditions of parole. In addition, the Commission evaluates information on the activities of parolees as reported by the Division of Parole and Probation and makes recommendations to the Governor with respect to life cases, pardons, and commutations of sentences. These regulations are promulgated by the Parole Commission pursuant to Correctional Services Article, §7-207, Annotated Code of Maryland, as amended, and may not be construed as waiving or abrogating any existing statutes or laws. The definitions as set forth in Correctional Services Article, §7-101, Annotated Code of Maryland, are hereby adopted by this Commission and incorporated by reference in these regulations. The Parole Commission consists of seven members (a chairman and six associate members), appointed by the Secretary of Public Safety and Correctional Services, with the approval of the Governor and with the advice and consent of the Senate, for staggered terms of 6 years. The Chairman, from time to time designated by the Secretary of Public Safety and Correctional Services, with the approval of the Governor, is the executive and administrative head, coordinating the assignments and duties of the other members, and directing the duties of the employees and other personnel. Regular. The Commission shall sit en banc in general session not less than once each month, at the call of the chairman, to discuss and settle questions of policy and procedure, to arrange the schedule of institutional hearings, and to review such other matters as may be within the Commission's jurisdiction. Reasonable notice of these meetings shall be given each member of the Commission. Special. Special meetings shall be held when called by the Chairman or any two members of the Commission and reasonable notice of these meetings shall be given to each member of the Commission. Executive Sessions. The Commission, for good cause, may meet in private in executive session, and shall do so as provided in Regulation .24G, below. The Commission shall cause hearings to be conducted at least once each month, at the penal or correctional institutions under the supervision and control of the Division of Correction, and, as often as may be required, at jails or other places of penal confinement or detention in this State in which inmates eligible for parole consideration are confined. All official files, reports, documents, evaluations, and records pertaining to any individual which are kept in normal course of the conduct of the business of the Parole Commission are declared confidential. Except as otherwise provided by law, they may not be inspected by, items withdrawn from, or items furnished to any person or entity other than the Secretary of Public Safety and Correctional Services, the Commissioner of Correction, the Director of the Division of Parole and Probation, and members and employees of the Commission of the Departments mentioned. The Commission may not be bound by common law or statutory rules of evidence or by any technical or formal rules or procedures other than as provided in these regulations. Attorneys may practice before the Commission subject to the limitations delineated in Regulation .18C. They may request a conference with the Commission and submit letters or other data relative to an inmate's parole consideration. Parolees or mandatory releasees may be represented by counsel at parole revocation hearings. If a parolee or mandatory releasee is indigent, the Commission will make an effort to obtain counsel to represent the parolee or mandatory releasee without cost. Relatives or other interested and responsible individuals may request a conference with the Commission, submit letters, or other pertinent data relative to an inmate's parole consideration at any time before the hearing. They may not appear at parole hearings. Parole hearings may not be held for inmates confined in a State mental hospital, unless the Commission, in its discretion, and upon the recommendation of the Maryland Department of Health, elects to hold a parole hearing at the State mental hospital where the inmate resides. Whenever an inmate is transferred back to the Department of Correction by the Maryland Department of Health, a hearing will be scheduled on the date set by the Commission at any prior parole hearing. If there has been no prior parole hearing, a hearing will be scheduled at the expiration of one-fourth of the sentence. If the transfer occurs subsequent to this date, the hearing shall be held at the next meeting of the Commission at the place of confinement. An individual serving a sentence in a foreign jurisdiction who was sentenced in Maryland to a term to run concurrently with the foreign sentence may be considered for parole in absentia by the Commission at the same time he is being considered for parole in the foreign institution. Whenever an inmate sentenced to a Maryland institution is in the custody of federal or out-of-State authorities other than for the purpose of serving a concurrent sentence, the inmate shall have his parole hearing continued until such time as he is returned to one of the State penal institutions. Persons sentenced to the custody of the Commissioner of Corrections who are serving their sentence in a foreign jurisdiction under the Interstate Compact of Corrections shall receive consideration for parole in any manner permitted in this compact which, in the discretion of the Commission, seems expedient and appropriate. The Commission, in its discretion, may arrange psychiatric or psychological examinations, or both, for applicants for parole whenever it deems these examinations will better enable it to decide the advisability of parole. A prisoner may shorten the period of his incarceration, even in the absence of parole, if he maintains a satisfactory institutional adjustment. “Good time and industrial time credits” serve to decrease the length of incarceration. These prisoners are released by action of the Division of Correction upon termination of sentence less credit for good conduct and industrial time earned, but by statute, are supervised “as if on parole” and are subject to the jurisdiction of the Parole Commission after release and bound by the rules and conditions of parole until the legal expiration date of their sentence. A violation of any rules and conditions of parole shall subject the releasee to parole revocation procedures. All inmates who, in the discretion of the Commission, may benefit by special treatment by virtue of their addiction to or use of narcotic or dangerous drugs may be paroled with the special condition that they actively participate in approved treatment programs. Methadone Maintenance Programs. A presumably drug-free inmate will not be paroled with the special condition of methadone treatment unless he is evaluated and a report is submitted to the commission by a qualified physician that, not withstanding the inmate's drug-free status, a methadone maintenance program would be best suited to the treatment needs of the inmate. Civil Commitment--Drug Abuse Administration. Any inmate who deems himself a drug addict shall, with the approval of the Commission, be eligible for civil commitment to an in-patient treatment facility under the auspices of the Drug Abuse Administration, providing he has no other criminal charges pending and the conviction is for a crime not punishable by more than 10 years imprisonment (larceny excepted). Any inmate may request of the Commission a recommendation to the Governor that the sentence be commuted when all legal remedies are exhausted and the circumstances of the case are unusual. The Commission may entertain these requests at a parole hearing, and in its discretion may deny the request or submit it to the Governor with a recommendation. A sentence can be commuted to time served and the inmate released, or to a number of years. Once commuted, the Commission, in its discretion, may release the inmate on parole. If the Governor denies the request, it may again be resubmitted after a reasonable time. Life Cases. The Commission will recommend to the Governor a commutation of a life sentence where the case warrants special consideration or where the facts and circumstances of the crime justify special consideration, or both. Pardons are awarded by the Governor upon recommendation by the Parole Commission, and may be full, conditional, or partial. If pardon is denied, the petitioner may reapply after a reasonable time. Before making its recommendation to the Governor, the Commission shall cause a comprehensive investigation of the individual to be prepared by the Division of Parole and Probation for submission to it and to the Governor. Request for pardon may be initiated by petition or letter directed to the Parole Commission. Proof of successful completion of any parole or probation, or both, which may have been imposed, plus a reasonable length of satisfactory adjustment in the community beyond the maximum expiration date of sentence, is preferred for a favorable pardon recommendation. Parole Consideration and Parole Hearings. A parole-eligible prisoner sentenced to a term of 6 months or more for a crime that is not a violent crime or for a violent crime that occurred before October 1, 1994, shall receive a parole hearing after serving not more than 1/4 of the sentence or, in the case of multiple sentences, 1/4 of the combined sentences unless: The prisoner is incarcerated for a violent crime and the victim, in accordance with COMAR 12.08.02, makes a written request that the parole hearing be open to the public; The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole; Following a review without a hearing, the Commission determines that no useful purpose would be served by a hearing. If the parole hearing is designated as open to the public under §A(1) of this regulation, the parole hearing may be held up to 90 days later than 1/4 of the sentence, 1/4 of the combined sentences, or the greater of 1/4 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole. A parole-eligible prisoner sentenced to a term of 6 months or more for a violent crime that occurred on or after October 1, 1994 shall receive a parole hearing after serving not more than 1/2 of the sentence, or in the case of multiple sentences, 1/2 of the combined sentences unless: The victim, in accordance with COMAR 12.08.02 makes a written request that the parole hearing be open to the public; The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole; Following a review without a hearing, the Commission determines that no useful purpose would be served by a hearing. If a prisoner has been sentenced to a term of confinement that includes a sentence for which the prisoner is not eligible for parole consideration, the prisoner is not eligible for parole consideration until having served the greater of: The period set forth in §A(1)—(3) of this regulation; or A period of time equal to the term during which the prisoner is not eligible for parole. If the parole hearing is designated as open to the public under §A(3) of this regulation, the parole hearing may be held up to 90 days later than 1/2 of the sentence, 1/2 of the combined sentences, or the greater of 1/2 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole. Administrative Review. The file of a prisoner sentenced to life imprisonment, or to a term of 25 years or more shall be administratively reviewed by the Commission after serving 5 years of the sentence unless the prisoner is serving a term of confinement for a violent offense which occurred on or after October 1, 1994. The file of a prisoner serving a term of confinement for a violent offense which occurred on or after October 1, 1994 shall be administratively reviewed by the Commission after serving 1/4 of the term of confinement. The file of a prisoner serving a term of confinement that includes a mandatory term during which the prisoner is not eligible for parole need not be administratively reviewed until the period of confinement during which the prisoner is not eligible for parole has been served. Before conducting an administrative review, the Division of Correction shall furnish the Commission with a pre-review summary similar to a pre-parole summary unless the review is conducted in accordance with §A(5)(g) of this regulation. The decision resulting from the review shall be in writing unless the review is conducted in accordance with §A(5)(g) of this regulation. Except as provided in §A(5)(g) of this regulation, an administrative review shall: Be conducted by a randomly assigned Commission member or hearing examiner; Ensure that the file contains the necessary documents; Develop a chronological record of the case before the initial parole release hearing; and Be sent to the prisoner and the institution where the prisoner is incarcerated. If a prisoner is serving a term of confinement of less than 25 years for a violent offense which occurred on or after October 1, 1994, an administrative review shall: Be conducted by a Commissioner or hearing officer; Ensure that the file contains the necessary documents before the initial parole release hearing; and When appropriate, establish the month and year of the initial parole release hearing. Sentence of Life Imprisonment. A prisoner sentenced to life imprisonment is eligible for parole after serving 15 years or the equivalent of 15 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland. A prisoner sentenced to life imprisonment as a result of a proceeding under Criminal Law Article, §2-303, Annotated Code of Maryland, is eligible for parole after serving 25 years or the equivalent of 25 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland. When a parole release hearing for a prisoner serving a sentence of life imprisonment is scheduled, that date may be deferred for up to 90 days if the hearing is open to the public in accordance with COMAR 12.08.02. A prisoner sentenced under Criminal Law Article, Title 2, Subtitle 2, or §2-303, Annotated Code of Maryland, to imprisonment for life without the possibility of parole is not eligible for parole consideration and may not be granted parole at any time during the term of the sentence. The Governor has the exclusive power to grant parole to prisoners serving a sentence of life imprisonment. A parole release hearing for a prisoner serving a sentence of life imprisonment shall be conducted by a panel of two Commissioners and, if they agree to recommend the granting of parole, the case shall be presented by the panel to the Commission en banc. If the Commission meeting en banc agrees that the prisoner should be granted parole, the Commission's recommendation for parole shall be forwarded to the Governor. When the Commission determines that an inmate has demonstrated suitability for parole, the Commission may not send to the Governor a recommendation for commutation in lieu of a recommendation for parole. Consecutive Sentences. When life sentences are imposed consecutively to each other, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on each separate life sentence. When a term of confinement includes a life sentence or sentences and a fixed term or terms to be served consecutively, regardless of the order in which they are to be served, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on the fixed term or terms with the number of years required for parole eligibility for the life sentence or sentences. Split Sentences. When the court suspends a portion of the sentence imposed, other than a sentence of life imprisonment, a prisoner shall receive a parole release hearing on the unsuspended period of confinement in accordance with §A(1) or (3) of this regulation. Regardless of how much of a sentence of life imprisonment is suspended by the court, a prisoner sentenced to life imprisonment cannot be paroled until the prisoner has served the period of confinement required by Correctional Services Article, §7-301(d), Annotated Code of Maryland. General Requirements. Before each parole hearing, the Commission reviews all information available. The Admission Summary of the Division of Corrections for each prisoner shall be furnished the Commission and shall contain a detailed report of the nature of the offense, a complete social history, employment record, etc. The following are procedures for accumulating further information: State Penal or Correctional Cases. In advance of the hearing date, the Commission shall cause to be promulgated a list of those cases which shall receive parole consideration. This list shall be distributed to the institutions of confinement. The receipt of this list by the institution shall serve as notice for the initiation of up-to-date staff reports, psychological and psychiatric examinations, and other reports pertaining to the inmate scheduled for hearing. The institutional parole agent shall initiate the pre-parole investigations of home and employment plans. In cases where a detainer is on file or a pending charge is indicated, its status will be investigated and reported, so far as reasonably possible, before that hearing. Attached to the material enumerated above, there shall be a pre-parole summary containing a report of the inmate's institutional adjustment and progress during his incarceration or since his last appearance before the Commission. This summary may include a recommendation regarding parole by the institutional staff. The pre-parole summary shall also contain the projected date of mandatory release from the institution after allowing credit for good conduct time and industrial time earned by the inmate. The completed material shall be collected and shall include any pre-sentence reports and any prior parole and probation files of the prisoner. Before the hearing the Chairman shall assign the completed files to members of the Commission and hearing examiners for their review and hearing. County Jail and Detention Center Cases. It shall be the duty of the Division of Parole and Probation to inform the Commission, by timely notice, of all persons serving sentences of 6 months or more in county jails or detention centers, and to prepare a docket and necessary classification material. Before the hearing date of the prisoner, the Division of Parole and Probation shall prepare a pre-parole report reflecting the community plan established, or to be established, by the parole applicant. The report should reflect the home situation, environmental patterns, economic factors, and such other relevant matters, including social history, as the Commission may require in order to properly evaluate the prisoner for parole. Notice to Inmate and Access to Files. Notification. Before any parole hearing, it shall be the duty of the several institutional parole agents to furnish the applicant for parole with written notice of the: The date, time, and place of the hearing; The factors which the Commission will consider in making its determination; Right of the prisoner or a representative to examine and inspect before the hearing, any file, report, or other document to be used by the Commission in making its determination. “Representative” defined. The following shall be recognized as authorized representatives to examine an inmate's file at his request: Classification counselors or other members of the professional institutional staff where the inmate is incarcerated; Any member of the Bar in good standing; Any paralegal working under the supervision of a member of the Bar in good standing; Any agent of the Division of Parole and Probation. Time of Notice. The notice shall be furnished the inmate not less than 15 days before the parole hearing unless, in certain individual cases and for good cause, the time must be shortened. Notice of Intention and Authorization of Representative. Any inmate desiring to inspect his file shall immediately, upon receipt of the notice of hearing, file a notice of this intention with the institutional parole agent upon a form to be furnished by that agent. If a representative is to be authorized to inspect the file on behalf of the inmate, the name of the representative and his occupation and address shall be included on the notice together with an authorization of the inmate for the person to act as his representative. Upon receipt of the notice, the institutional parole agent shall furnish the Commission with the name and number of the inmate and at the same time notify classification personnel of the Division of Corrections in order that they may immediately prepare a pre-parole summary in timely fashion in order that it will be made available to the inmate at the time of the file review. In advance of the scheduled hearings of such inmates, the institutional parole agent shall be furnished the file. Review of Parole Commission File. The institutional parole agent and the inmate or the inmate’s representative shall review the file at the appointed time. Except as provided in Correctional Services Article, §7-303(b)(1)(ii), Annotated Code of Maryland, the inmate and the inmate’s representative may, on request, examine a document that the Commission or hearing examiner uses in determining whether the inmate is suitable for parole. Subject to the provisions stated in Correctional Services Article, §7-303b(1)(ii), Annotated Code of Maryland, the Commission may not withhold from an inmate or an inmate’s representative a document or communication from the Office of the State’s Attorney concerning an inmate who is being considered for parole unless the Commission believes that releasing the document would compromise the safety of one or more individuals. Subject to the provisions stated in Correctional Service Article, §7-303(b)(2), Annotated Code of Maryland, any documents submitted by a victim or the victim’s designated representative shall be available for review by the inmate or the inmate’s representative except when prohibited by Correctional Services Article, §7-303(b)(1)(ii), Annotated Code of Maryland. If a risk assessment is prepared for the Commission, the Commission shall upon receipt provide the inmate with a copy of the inmate’s risk assessment or a summary of the risk assessment. If the Commission withholds any requested documents or portions of requested documents, the Commission shall provide the inmate or the inmate’s representative with a list of each withheld document and a summary of the document’s contents as required by Correctional Services Article, §7-303(b)(1)(iii), Annotated Code of Maryland. Disputed facts. Errors, omissions, or disputed facts contained in the file shall be adjusted and corrected by agreement between the inmate or his representative, and the parole agent. In cases of irreconcilable difference, it shall be the duty of the institutional parole agent to immediately notify the Parole Commission, furnishing it with a short statement of the problem and nature of the dispute. The Commission, upon receipt of the notice, may postpone the hearing for a period not exceeding 30 days and shall determine, in its discretion, how best to decide the dispute. In so doing it may, but may not be limited to, any of the following: Obtain documentary evidence to prove the disputed fact; Reserve the question until the parole interview; Accept the inmate's version of the disputed facts; Hold a fact-finding hearing with two or more Commission members before the parole hearing, allowing testimony of witnesses and cross-examination of witnesses by all parties. The inmate may have his representative present to act as counsel at any fact-finding hearing. The facts found by the Commissioners shall be final and shall become a part of the file to be considered at the parole hearing and a copy of the finding shall be furnished in writing to the inmate before the parole hearing. General. The Commission shall have the exclusive power of parole release. In determining whether a prisoner is suitable for release on parole, the Commission considers: The circumstances surrounding the crime; The physical, mental, and moral qualifications of persons who become eligible for parole; Whether there is reasonable probability that the prisoner, if released on parole, will remain at liberty without violating the laws; and Whether the release of the prisoner on parole is compatible with the welfare of society. The Commission also considers the following criteria: Whether there is substantial risk the individual will not conform to the conditions of parole; Whether release at the time would depreciate the seriousness of the individual's crime or promote disrespect for the law; Whether the individual's release would have an adverse affect on institutional discipline; Whether the individual's continued incarceration will substantially enhance his ability to lead a law abiding life when released at a later date. When deciding if an inmate serving a life sentence for a crime committed while younger than 18 years old is suitable for parole, the Commission shall consider whether the inmate has adequately demonstrated maturity and rehabilitation since commission of the crime. In addition to the factors contained in §A(1)—(3) of this regulation, the Commission shall consider the following mitigating factors, to which it affords appropriate weight, in determining whether an inmate who committed a crime as a juvenile is suitable for release on parole: Age at the time the crime was committed; The individual’s level of maturity and sense of responsibility at the time of the crime was committed; Whether influence or pressure from other individuals contributed to the commission of the crime; Whether the prisoner’s character developed since the time of the crime in a manner that indicates the prisoner will comply with the conditions of release; The home environment and family relationships at the time the crime was committed; The individual’s educational background and achievement at the time the crime was committed; and Other factors or circumstances unique to prisoners who committed crimes at the time the individual was a juvenile that the Commissioner determines to be relevant. To make these determinations the Commission shall examine: The inmate’s prior criminal and juvenile record and the inmate’s response to prior incarceration, parole or probation, or both; The inmate’s behavior and adjustment and the inmate’s participation in institutional and self-help programs, including progression to Division of Correction facilities with a less restrictive security classification; The inmate’s vocational, educational, and other training; The inmate’s current attitude toward society, discipline, and other authority, etc.; The inmate’s past use of narcotics, alcohol, or dangerous controlled substances; Whether the inmate has demonstrated emotional maturity and insight into the inmate’s problems; Any reports or recommendations made by the sentencing judge, the institutional staff, or by a professional consultant such as a physician, psychologist, or psychiatrist; The inmate’s employment plans, occupational skills, and job potential; The inmate’s family status and stability; The inmate’s ability and readiness to assume obligations and undertake responsibilities; The adequacy of the inmate’s parole plan and the availability of resources to assist the inmate; The circumstances surrounding the crime, which diminish in significance as a consideration after the initial parole hearing; and Any other factors or information which the Commission may find relevant to the individual inmate’s consideration for parole. The Commission may recommend that an inmate serving a sentence for a crime committed while younger than 18 years old progress to a facility with a less restrictive security classification, as provided in §E(4) of this regulation, and if the inmate: Has completed all programming and treatment options available at the inmate’s current security level; Would be afforded the opportunity to demonstrate parole suitability if placed in a lower security classification, or would benefit from the privileges, programming, and treatment programs that are available only at a less restrictive security classification; or Was previously found to be suitable for release by the Commission. Any risk assessment tool used by the Commission for determining the risk of an inmate shall include dynamic risk factors as a method for assessing risk and shall require the healthcare professional administering the tool to exercise independent clinical judgment in assessing risk. In deciding whether to recommend parole for an inmate serving a sentence of life imprisonment, the Commission may not consider whether the inmate has successfully completed a period of work release if the inmate has never been eligible for work release. Hearings. An application for parole is not necessary, and an application need not be made by an inmate or on his behalf. A record shall be maintained of the mandatory hearing dates, noting on the record the time when each prisoner must receive parole consideration. The Commission shall conduct hearings at the State penal and correctional institutions and the county jails and detention centers in accordance with a schedule to be determined by the Commission and as required by the laws of the State. Hearings shall be conducted by a hearing examiner, a commissioner acting as a hearing examiner, or by two or more commissioners in accordance with the appropriate statutory requirements of each case. Procedure. A parole hearing is actually an interview of the inmate, and attendance shall be restricted to parole personnel and a representative of the institution. On occasions, others may be invited by the Commission to attend, provided their attendance does not impede the prisoner being interviewed. The hearings are private and shall be held in an informal manner, allowing the prisoner the opportunity to give free expression to his views and feelings relating to his case. Formal presentations by an attorney, relatives, and others interested are not permitted at the parole hearings. Attorneys, relatives, and others who are interested in the inmate may discuss the relative merits or other factors of the case with the Commission at its executive offices, any time before or after a parole hearing. A parole hearing conducted by a parole commissioner or hearing examiner shall be electronically or stenographically recorded to preserve a record for appeal. Except as provided in §C(4) of this regulation, the recording shall: Be destroyed 30 days after the hearing unless an appeal has been taken under the provisions of Regulation .19 of this chapter; or In cases of appeal, be destroyed upon conclusion of the appeal hearing. The recording of a parole hearing conducted for an inmate serving a life sentence for a crime committed while younger than 18 years old shall be retained until the conclusion of the inmate’s next parole hearing, or until the final disposition of any action seeking judicial review of the Commission’s decision, whichever is later. Absent any unusual circumstances, the inmate’s classification counselor shall attend all hearings concerning that inmate. The classification counselor, or other member of the institutional staff who has knowledge of relevant facts, shall be available to provide new information which may have developed since the completion of the reports provided to the Commission, and to assist in answering questions which may arise concerning institutional policy. Parole Grant. Release on parole may not be granted unless recommended by a hearing examiner or acting hearing examiner and approved by a parole commissioner, or when required by law, by the affirmative vote of not less than two commissioners. When concurrence of at least two commissioners is required by law to grant parole, in the event of lack of concurrence, the case shall be continued and heard with a third commissioner present. The opinion of the majority shall represent the decision of the Commission. Decisions. At the end of a parole interview, the inmate shall be verbally informed of the hearing examiner's recommendation, or of the decision in cases heard by two or more commissioners. A written copy of the hearing examiner's recommendation and the Commission's action relative to the recommendation, or a written copy of a Commission panel's decision shall be prepared and served upon the prisoner in accordance with Correctional Services Article, §§7-306 and 7-307, Annotated Code of Maryland. A copy of the written decision shall be retained in the Commission's file on the prisoner and in the prisoner's institutional base file. A parole commissioner or hearing examiner issuing a written decision denying parole to an inmate serving a life sentence for a crime committed while younger than 18 years old shall: Include specific findings as to why the inmate has failed to demonstrate suitability for parole; Affirm that the Commission, in reaching the decision to deny parole, considered: The diminished culpability of youth; The hallmark features of youth; and An individual’s capacity for growth and maturation; State why the Commission has determined that the inmate has not yet demonstrated sufficient maturity and rehabilitation; To the extent possible, provide guidance to the inmate that may improve the inmate’s likelihood of demonstrating suitability at the next parole hearing; Provide specific recommendations with regard to programming and treatment, as appropriate; and Notify the inmate of the right to seek judicial review of the decision as permitted by law. If a parole commissioner or hearing examiner determines that an inmate serving a life sentence for a crime committed while younger than 18 years old is nearing suitability for parole, the Commission shall: Indicate that determination within the inmate’s parole decision; and Recommend that the inmate be transferred to a facility with a less restrictive security classification. If the Commission’s decision is to rehear the inmate’s case at a later date and if the parole rehearing is open to the public under COMAR 12.08.02, the rehearing may be held up to 90 days later than the rehearing date specified in the decision. Information shall be disclosed to the inmate in accordance with Regulation .17C(5) of this chapter. If the Commission requires additional information, it may defer issuing a decision pending receipt of the information and, upon receipt of the information, shall promptly: Render and serve a final decision; or Conduct another interview with the inmate before making a final decision. If the Commission decides not to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide a copy of the decision to the inmate within 18 months of the parole hearing. If the Commission decides to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall forward the recommendation to the Governor within 12 months of the parole hearing. For an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide the inmate with timely written notice of the inmate’s status in the parole process when: A risk assessment has been ordered; A risk assessment has been received; The case will be considered en banc; and The case has been forwarded to the Governor with a recommendation for parole. Upon request from the inmate or the inmate’s representative, the Commission shall disclose to the inmate or the inmate’s representative the inmate’s current status in the parole process. The Commission may neither permanently refuse parole to an inmate serving a life sentence for a crime committed while younger than 18 years old, nor schedule any rehearing in excess of 10 years from the date of the previous hearing. Effective Date of Parole. A decision to parole does not become effective for release of the inmate until the parole order is presented and accepted by him. An inmate shall be released on parole as soon as practicable after a favorable decision unless: The Commission has specified a deferred release date; or The investigation of the community plan of the individual indicates that he would be without means of support, is likely to be unemployed upon his release, or is without a satisfactory home plan. A prisoner may not be released from confinement without an approved parole plan. Special Conditions for Release. The Commission may, when it deems it necessary for the safety and welfare of the individual or the safety of the public, impose reasonable special conditions to be complied with before release on parole or from time to time during the period of parole supervision. These conditions shall be such that compliance can be accomplished by the exercise of reasonable effort by the parolee. Institutional Behavior Following Favorable Parole Action. When an effective date for release has been set by the Commission, release on that date is conditioned upon the continuance of good prison conduct. In those cases where the inmate's behavior is such that a re-evaluation of a previously established parole date should be made, it shall be the responsibility of the warden or superintendent of the institution of confinement to promptly provide the Commission with details of this behavior. Upon receipt of the information, the Commission may take such action as it deems appropriate under the circumstances including suspending release and rescheduling the inmate for an interview, after which the Commission may either cancel the parole order, delay the inmate's release, or grant the parole. Early Initial Hearings. The Commission may, in its discretion, grant early initial parole hearings before the mandatory hearing date. The sentencing judge, the prosecuting attorney, or the inmate may write to the Commission requesting early parole hearings, setting forth the reasons for the request. Institutional personnel, over the signature of the warden or superintendent, or both, may write the Commission and request an early hearing, setting forth the reasons for the request. Wardens or superintendents, or both, may make recommendations for early parole hearings. The Commission may adopt a policy for uniform scheduling of hearings in advance of the mandatory date in accordance with such specific plan as it may from time to time establish. Considerations of the Commission for early hearings are: The inmate's prior criminal record; The nature and circumstances of the crime; The length of the sentence; The amount of time served and the inmate's institutional adjustment; The date of the inmate's regularly scheduled hearing; The reasons set forth in the request for an early hearing; Adjustment to prior parole or probation supervision. Authority to grant early initial hearings lies solely within the discretion of the Commission and cannot be delegated. Unless a uniform policy for advancing parole hearings has been adopted by the Commission, a hearing may not be advanced in individual cases except by a majority vote of those commissioners considering the question, and in any event, by at least three commissioners. An order to advance the hearing shall be in writing and included in the case file. Filing of Exceptions. The Commissioner of Corrections, the inmate, or the Commission on its own motion may file written exceptions to any recommendation of a hearing examiner which has been adopted by the Commission. The exceptions shall be filed within 5 days after receipt of the written decision. Decisions of cases heard by two or more Commissioners are not subject to exceptions. A recommendation of a hearing examiner which is not adopted by the Commission shall be treated in the same manner as if exceptions had been filed. Disposition of Appeal. Upon receipt of exceptions or the non-concurrence of the Commission with a recommendation of a hearing examiner, the Chairman shall assign not less than two commissioners as an appellate panel to review the case on the record. The appellate panel shall, in the administrative offices of the Commission, review the record of the parole hearing, review the case file, consider the written recommendation of the hearing examiner, and the exceptions to the recommendation. The panel shall then, by a majority vote, render a final decision which shall be in writing and served upon all interested parties within 30 days of receipt of the exceptions. If the panel consists of only two commissioners and they cannot concur, a third commissioner shall be assigned to the panel and the decision of the majority shall be final. Appellate Decision. The panel may elect to do the following: Affirm the decision of the examiner; Reverse the decision of the examiner and render a new decision; Modify the decision of the examiner; Remand the case to the examiner for further consideration and a new decision. Remand. A remand will be made when, in the opinion of the appellate panel, the examiner should have had additional information before making the decision. The examiner shall, immediately upon remand, request the necessary information from the appropriate source. If the information requested is not a psychological report, a psychiatric report, or other privileged information, the information shall be forwarded to the institutional parole agent where the individual is confined for the purpose of inmate review pursuant to Regulation .17C(5), providing the inmate has previously requested, and been provided a file review. Thereafter, the requested information shall be transmitted back to the hearing examiner for recommendation to the reviewing commissioner. If the inmate did not request a file review, the information shall be forwarded directly to the hearing examiner for recommendation to the commissioner. By virtue of statutory authority, the Parole Commission, an inmate and the Commissioner of Corrections may negotiate, by collective bargaining, a tripartite agreement or contract for parole release of the inmate at a time certain in the future. This contract shall be made in writing and signed by all parties. Parole release is contingent upon satisfactory performance of the inmate of the obligations undertaken. Criteria. Criteria shall be mutually prepared by the Commission and Corrections setting the eligibility standards for submission of contracts by inmates for negotiations. The criteria, as established, and changed from time to time, shall be in a written document which shall have appended to its forms, rules of practice and procedure, and shall be on file in the principal offices of the parties and made available, upon request, to all interested parties. Procedures. The Mutual Agreement Program contract negotiations and all other procedures of the process shall be conducted in accordance with the provisions of Division of Corrections Regulation 280-10, which, together with all subsequent amendments, is hereby incorporated by reference in these regulations. When feasible, parole plans should be completed and submitted before the parole hearing, as parole is conditioned upon an adequate release plan. Elements in a Release Plan. Evidence shall be furnished to the Commission that the prospective parolee will be legitimately employed following his release. The employment requirement may be waived by the Commission where circumstances warrant a waiver. Assurance should be given that necessary aftercare will be available to parolees who are ill or who have any other demonstrated problems in which special treatment may be necessary. Parolees shall be allowed, in the discretion of the Commission, to return to their homes, or to go elsewhere, upon such terms and conditions as the Commission shall prescribe. Gradual release may be completed through a community-based treatment facility (i.e. halfway house). The Commission may require this placement as a step in the release process. Detainers. The policy and practice of the Commission with regard to releasing inmates on parole to meet detainers is as follows: The status of any detainers lodged against an inmate will be investigated so far as reasonably possible, before the parole hearing and the Public Defender shall be notified and encouraged to assist the inmate in the disposition of the detainer. The Commission may parole an inmate to meet detainers if the inmate is considered in other respects to meet the parole criteria set forth in Regulation .18. The Commission will cooperate in making arrangements for concurrent supervision with other jurisdictions when it is feasible and when release on parole appears justified. An inmate's parole release plan previously approved by the Commission may be altered or changed, providing the changes have been approved by the Commission. Order for Release on Parole. Before being released on parole, each inmate is required to enter into and execute a written agreement which sets forth the terms and conditions upon which parole was granted, thus evidencing the inmate's acceptance of the terms and conditions. The conditions of the release contained in the Order shall be valid and shall remain effective regardless of whether the releasee signs the Order, providing a release from confinement occurs as a result of the Order. The Order shall bear the signature, or facsimile of the signature, of a member of the Commission, and the official seal of the Commission shall be affixed. Conditions of Parole. The following shall be the general conditions of every parole: Report to your parole agent as directed and follow his instructions; Work regularly; Get permission from your parole agent before: Changing your home, Changing your job, Leaving the State; Obey all laws; Notify your parole agent immediately if you are arrested; You may not illegally possess, use, or sell any narcotic drug, controlled dangerous substance, or related paraphernalia; You may not own, possess, use, sell, or have under your control, any dangerous weapon or firearms of any description without approval of the Parole Commission; You shall conduct yourself as not to present a danger to yourself or others. Special Terms and Conditions. In addition to the general conditions, the Commission, in its discretion, may impose such special conditions as it deems appropriate to the individual. Modification. The Commission may from time to time, in its discretion, and upon good cause shown, change or modify the conditions of an individual's parole. In case of modification, the parolee shall be given opportunity to show cause why a condition should not be changed, added, or modified. The inmate may request a hearing before not less than two commissioners before the modification, change, or addition. Release of the Inmate. It is the policy of the Commission that an inmate who has been approved for parole may not remain confined in excess of 30 days from the date of the approval, unless a later date for release is specified by the Commission, or the Commission has granted parole upon the happening of a contingency. The Commission shall immediately be notified in writing by the institutional parole agent of the name of any person who remains in custody 30 days after his approval for parole, setting forth fully the reasons why the inmate is being so detained. Cases of failure of release within the 30 day limit shall be dealt with in such manner as the Commission, in its discretion, may deem appropriate considering the circumstances in each individual case. Supervision. All persons under parole supervision shall be automatically abated from further supervision upon the completion of 2 years of uninterrupted crime-free behavior as provided below (subject to the exceptions stated): It shall be the duty of the parole agent to certify in writing for inclusion in the case file that the parolee has completed 2 years of uninterrupted crime-free behavior on parole and that further supervision is not deemed necessary for the protection of society. Upon the filing of this certificate, the Director of the Division of Parole and Probation may automatically sign and issue an order of abatement of supervision and the case shall then be closed for supervision purposes. Each parole agent, in lieu of signing a certificate as provided above may in all appropriate cases file a written report directed to the Parole Commission recommending continued supervision and stating reasons for the recommendation. Upon receipt of the recommendation, the Commission shall either order continued supervision or order abatement, as it shall, in its discretion, deem proper. A parolee, his representative, or the supervising agent may make application to the Commission for abatement of supervision at any time before the completion of 3 years of uninterrupted crime-free behavior on parole. The application shall be made in writing, setting forth the history of the parolee's adjustment to parole supervision and the reasons abatement is requested. The Commission, in its discretion, may issue an abatement from supervision order upon the application. Abatement of supervision does not release a parolee or mandatory releasee from the jurisdiction of the Commission before the maximum expiration date of the parole. All abatements shall be conditioned upon the parolee or mandatory releasee violating no laws before the maximum expiration date and maintaining conduct so as not to present a danger to self or others. An arrest, charge, or conviction, or improper conduct judged to present a danger to self or others, may result in a retake warrant being issued for the individual as a parole violator. Basis of Revocation. Upon satisfactory information alleging that a parolee or mandatory releasee has violated any of the conditions under which he was released, a warrant may be issued, and, after the parolee or releasee is taken into custody, a preliminary hearing shall be provided in accordance with §E, below. If a parolee or mandatory releasee does not demonstrate capacity and willingness to fulfill the obligations of a law-abiding citizen, or if his continuance in the community becomes detrimental to the integrity of the parole system or incompatible with the welfare of society, he may be reimprisoned pending a hearing to determine if his parole or mandatory release should be revoked. Technical Violations. If a parolee or mandatory releasee violates any of the conditions of parole, other than commission of a new offense, he shall be termed a “technical violator”. Charge or Conviction of a Crime. If a parolee or mandatory releasee has been arrested, or is awaiting indictment or is awaiting trial, or is serving a sentence, concurrent or consecutive, for a crime committed while on parole, he shall be termed a “violator”. Absconding. If a parolee or mandatory releasee cannot be located for an extended period while on parole, he shall be termed an “absconder”. Duty of Agent. It shall be the duty of the supervising parole agent to make application for a warrant of parole violation in every case where the parolee is termed a violator. The application shall be in the form and style approved by the Commission from time to time. The agent may, in the exercise of sound discretion, elect not to apply for a warrant. In this case, the agent shall at once prepare a written report setting forth a summary of the parolee's background, parole adjustment, the full facts of the alleged violation supplemented by police and court records where applicable, together with a complete explanation and recommendation as to why a warrant should not be issued. The Commission shall consider the report and shall either concur with it, issue a warrant, or take such other action as it may deem appropriate. Pre-Warrant Conference. Before issuance of a retake warrant for an alleged violation of parole, the Commission may, in its discretion, consult with the parole agent, or any other responsible individual to determine whether or not a warrant should be issued. Warrants. All warrants shall be issued in the manner and form prescribed by the Commission from time to time. A copy of the warrant shall be furnished the parolee or mandatory releasee at the time of his apprehension and shall set forth with certainty the nature of the alleged violation. If a parolee or mandatory releasee is already incarcerated on other charges, the warrant shall be filed as a detainer and a copy given to the parolee. A parolee or mandatory releasee detained by a warrant of the Commission may not be released on bail. A warrant filed by or for the Commission may not be lifted without prior consent of the Commission. Preliminary Hearings. A releasee in custody solely as an alleged parole violator shall receive a prompt preliminary hearing before a hearing examiner designated to conduct the hearing. The hearing may be conducted either in the county where the releasee was arrested or the county in which he was residing. Before the preliminary hearing, the parolee shall be given written notice stating the date and place of the hearing, the purpose of the hearing, fully disclosing the charges alleged as parole violations and informing him of the following: He shall be allowed to testify in his behalf; He shall be allowed to call witness in his behalf; He shall be allowed to cross-examine his accuser or accusers unless disclosure of the identity of the accuser might subject the accuser to risk or harm. The parolee may waive the formality of a preliminary hearing and request a prompt revocation hearing. The hearing examiner shall inquire to determine whether there is probable cause or reasonable grounds to believe that a violation of parole has occurred. The hearing shall be informal without resorting to strict adherence to rules of evidence. The hearing officer shall make a summary of what transpired at the hearing, and make determination of whether there is probable cause to hold the parolee for a revocation hearing. Withdraw. Any hearing officer, upon finding probable cause to believe a violation of parole has occurred, may, in his discretion, withdraw the retake warrant and substitute for it a subpoena served by him on the alleged violator requiring the parolee to appear before the Commission at a time certain, then and there to show cause why the parole should not be revoked. Authority is hereby delegated to the several hearing officers to sign subpoenas on behalf of the Commission. A warrant may not be so withdrawn unless the hearing officer has determined to his satisfaction that the alleged violator would not constitute a danger to society if allowed to remain at large until the revocation hearing and that the interests of justice would best be served thereby. Any person who participated in a parole release decision or has supervised the alleged violator on parole is disqualified from conducting a preliminary hearing. Revocation Hearings. The hearings are conducted as an adversary proceeding and are subject to judicial review. One commissioner is authorized to conduct the hearings. Scheduling. A parole revocation hearing shall be held within 60 days after apprehension of the parolee on the parole violation warrant, except that failure to hold the hearing within the 60-day period may not be in contravention of this paragraph if the parole violation warrant is not the sole document under which the parolee is detained or incarcerated. This paragraph may not serve to invalidate the action of the Parole Commission in revoking the parole of an individual if, under all the circumstances, the revocation hearing is held within a reasonable time after the parolee was apprehended and detained for violation of parole under the parole violation warrant. The Commission may, for good cause shown, postpone a parole revocation hearing. Counsel. Parolees or mandatory releasees are entitled to counsel of their choice. The Parole Commission shall make an effort to obtain, without cost, counsel to represent indigent parolees or mandatory releasees desiring representation. Parole Agent. Unless excused for good cause, the supervising agent shall be present at the hearing to report on the activities of the parolee or mandatory releasee and about the circumstances of the alleged violation. He shall be subject to cross-examination. Witnesses. Any party to the proceedings may call any witness having pertinent information relative to the parolee's or mandatory releasee's adjustment to parole supervision or to the circumstances concerning the alleged violation. The Commission shall be notified 5 days in advance of the hearing by the party of intention to produce a witness, giving the identity of the witness. Otherwise, the Commission is not required to recognize the witness. If witnesses do not appear voluntarily, the Commission may issue subpoenas to compel their appearance, upon timely application therefor. Transcript. All parole revocation hearings shall be recorded, and transcripts shall be made available upon suit for judicial review. If a request for a transcript has not been received within 60 days of the hearing, the Commission may destroy the recording. Commission Decisions. The Commission is an administrative body and is not bound by the rules of criminal practice and procedure. Its decisions are based on the evidence produced at the hearing without adhering to formal rules of admissibility. A Commissioner's final decision is based upon the preponderance of the evidence. A Commissioner may continue the parolee or mandatory supervisee on parole, and release the parolee or mandatory supervisee under the original conditions of parole or with modifications to the original conditions. If the Commissioner revokes parole the Commissioner may award credit against the original sentence for all or a portion of the period between release and revocation, except as provided in §F(7)(d) of this regulation. A prisoner may not receive credit for the period between release and revocation if: The parole or mandatory supervision release is revoked for a prisoner who was on parole supervision for a violent crime which occurred on or after October 1, 1994; and The parole or mandatory supervision release is revoked due to a finding that the prisoner committed a violent crime while on parole or mandatory supervision release. Except as provided in §F(7)(d) of this regulation, an allowance of parole time as credit toward time served is at the absolute discretion of the Commissioner and may be based upon, but not limited to, the following considerations: The length of time spent on parole; The demeanor of the parolee or mandatory supervisee while under supervision; The nature of the original offense; and The nature of the violation. Except as provided in §F(7)(d) of this regulation, time spent incarcerated pending trial for a new offense may, at the absolute discretion of the Commissioner, be credited toward time served on parole. Except as provided in §F(7)(d) of this regulation, time spent incarcerated following the issuance of a parole revocation warrant shall be awarded and credited by the Division of Correction. If a parolee or mandatory supervisee is allowed partial or no time credit, the unallowed time spent under parole supervision shall be added to the maximum expiration date of the original term of confinement. Form of Decisions. The decision of the Commissioner shall be announced at the conclusion of the hearing. In addition, a written decision accompanied by a concise statement of the findings of fact and the determinations of contested issues shall be prepared as soon as practicable after the hearing. The written decision shall be furnished the alleged violator personally and, in cases of revocation, a copy shall be furnished the correctional authorities. Parole Rehearings. The Commission may, in its discretion, set a date for a new hearing as part of the revocation order. Consideration for rehearing may be based upon the following: Technical or Absconder. A date for rehearing may be set at the discretion of the Commission if one year or more remains to be served after credit for good and industrial time is deducted. Violator. If the violator receives a new concurrent sentence for a crime that is not a violent crime, the rehearing date may be set no earlier than the completion of 1/4 of the new sentence, unless the Commissioner sets an earlier date. If the violator receives a new consecutive sentence for a crime that is not a violent crime, the rehearing date may be set no earlier than 1/4 of the time left to be served on the combined sentences, unless the Commissioner sets an earlier date. If the violation is the result of a conviction for a violent crime as defined by Correctional Services Article, §7-101, Annotated Code of Maryland, the violent crime occurred on or after October 1, 1994, and a new concurrent sentence has been imposed, the rehearing date may be set no earlier than the completion of 1/2 of the new sentence, unless the Commissioner sets an earlier date. If the violation is the result of a conviction for a violent crime as defined by Correctional Services Article, §7-101, Annotated Code of Maryland, the violent crime occurred on or after October 1, 1994, and a new consecutive sentence has been imposed, the rehearing date may be set no earlier than the completion of 1/2 of the time left to be served on the combined sentences, unless the Commissioner sets an earlier date. En Banc Consideration. The Commission, in its discretion, may delay action relative to parole or revocation of parole at any time during a hearing to permit consideration of the case by the Commission en banc. A majority of all members then serving on the Commission shall constitute an en banc panel. The members of the panel and no others shall vote relative to parole or revocation. Members may abstain from voting only in the event of conflict of interest. The decision of the Commission shall be the majority vote of all the members serving on the panel. En banc consideration may be initiated by the administrative order of the Chairman or at the request of any two members of the Commission. Review. Whenever a parole has been refused or revoked, a written request for a rehearing may be made on behalf of the inmate and shall set forth any new facts, conditions, or circumstances not previously considered by the Commission. The case shall be referred to the officials participating in the last decisions who, in their discretion, may schedule a rehearing, deny a rehearing, setting forth the details for denial, or schedule the case for en banc consideration. Any case may be reviewed at the discretion of the Commission at any time upon receipt of new information of significance relative to the possibility of parole. The participating officials, upon receipt of sufficiently significant information which was not known to them at the time of the parole hearing, in their absolute discretion, may: Advance, postpone, or deny any parole which has been granted; or Advance, postpone a scheduled rehearing date, or grant parole in cases where it had previously been denied. Denial of a granted parole before the inmate's release shall be subject to the following procedure: Release of the inmate shall be suspended by written notice to the institutional parole agent and to the inmate; At the next regularly scheduled visit of the Commission to the institution of confinement, a de nova parole hearing shall be conducted and a parole decision rendered. If the Governor disapproves the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide timely written notice to the inmate, and consider the inmate for parole en banc within 18 months of the date of the Governor's decision. In accordance with §B(6) of this regulation, the Commission shall recommend the inmate for parole unless the Commission finds good cause to deny the inmate parole. If the Commission denies an inmate parole under §B(7) of this regulation, the Commission shall set forth its reasoning in its written decision. When the Governor has disapproved the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, two parole commissioners shall, in accordance with §B(6) of this regulation: Ensure that the written notice of the decision is hand delivered to the inmate; Explain the decision to the inmate; Consider the inmate for an explicit recommendation to a less restrictive security level to the extent a positive adjustment at a less restrictive security level can help demonstrate parole suitability; Provide guidance about what the inmate can do to improve the likelihood of demonstrating suitability for parole at the next parole hearing, and provide specific recommendations as to programming or treatment, as appropriate; and Notify the inmate of the right to seek judicial review of the decision as permitted by law. Sentence Imposed under Criminal Law Article, §14-101, Annotated Code of Maryland. An inmate sentenced under the provisions of Criminal Law Article, §14-101, Annotated Code of Maryland, who is at least 65 years old and has served at least 15 years of the sentence imposed may petition for and be granted parole. The petition shall be in writing and shall be directed to the Chairman. Upon receipt of the petition the Chairman, by administrative order, shall schedule a consideration of the petition by a panel of two Commissioners. The panel shall decide whether to grant the petitioner a parole release hearing. If the panel members fail to agree on granting the petitioner a parole release hearing, the Chairman shall schedule a consideration of the petition by a third member of the Commission. The opinion of the majority shall determine whether the petitioner is granted a parole release hearing. If the panel does not grant the petitioner a parole release hearing, the petitioner may petition the Commission after 2 years have elapsed from the denial. If the panel grants the petitioner a parole release hearing, the hearing shall be scheduled and conducted in accordance with Regulations .17—.19 of this chapter. Parole release hearings conducted under COMAR 12.08.02 shall be open to the public if the victim makes a written request to the Commission for notification when a parole release hearing is scheduled and the victim makes a written request that the parole release hearing be open to the public. Publicity. To promote and assist the reintegration into the community of those persons released on parole, it is the desire of the Commission that as little publicity as possible be given the individual parolee. The Commission, as a matter of policy, opposes the publication of names and addresses of those persons being released on parole, as experience has proven that this publicity often has a detrimental effect upon the individual's acceptance in a neighborhood, upon his employer, and upon his ultimate parole success. Correspondence. Correspondence requiring establishment of Commission policy will be signed by the Chairman, after consideration by the Commission, and with the approval of the majority. Routine correspondence such as acknowledging receipt of information, advising interested persons of the Commission's actions and similar matters will be signed by the Chairman, or designated administrative staff after consultation, when necessary, with the Commission members, or may be signed by the Commissioner involved. Conference. Details of conferences with attorneys and other persons representing or interested in prisoners, or which bear upon important questions of policy or possible parole actions, will be made available to other members of the Commission by memorandum, and when proper, included in the inmate's file. Hearing Examiners. The authority to determine parole release and to promulgate Commission policy is vested solely in the several commissioners, and hearing examiners have only a limited authority to conduct hearings and make recommendations. Therefore, conferences with interested parties and correspondence relative to parole shall be dealt with exclusively by commissioners and the hearing examiners may not meet with lawyers or other interested parties who wish to offer information regarding inmates or parolees. This section is not intended to preclude hearing examiners from conducting routine correspondence and conferences with institutional authorities and other criminal justice officials. Office Management. The Chairman of the Commission will prepare and submit reports, supply such information and data as may be required, act as spokesman for the Commission before State agencies and legislative committees and be generally responsible for the administrative work of the Commission, assignments, and the effective performance of the Commission's duties. In doing this, he shall seek the views and collaboration of the members of the Commission. Forms. The Commission shall prepare the necessary forms to implement and effect the pertinent statutes and these regulations. Executive Session. Deliberations of the Commission for the purpose of granting or revoking parole, recommending executive clemency or pardon, shall be conducted privately in executive session. All but commissioners shall be excluded during these deliberations and during the drafting of the decisions. Annual Report. The Commission shall maintain a record of its actions, make an annual report of its work to the Governor, and make such recommendations for the improvement of its functions as may be appropriate. Construction of Rules. These regulations shall be liberally construed to accomplish the purpose of the Parole Commission. Amendments to Regulations. New regulations may be adopted and any regulation may be amended or rescinded by the Commission at a regular or special meeting provided that notice of the proposed adoption, amendment, or recision has been given to all members of the Commission at least 72 hours before the meeting at which action is taken. Availability of Regulations. The regulations of the Commission shall be available to the public at the Department of Public Safety and Correctional Services, Parole Commission, at a reasonable cost which does not exceed the cost of publication. Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland Effective date: September 3, 1975 (2:20 Md. R. 1301) Amended May 8, 1978 and March 30, 1979 Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051) Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596) Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802) Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168) Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168) Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802) Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802) Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982) Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986) These regulations only apply to parole release hearings for parole-eligible inmates when the: Inmate is incarcerated for a violent crime as defined by Correctional Services Article, §7-101, Annotated Code of Maryland; Victim of the violent crime makes a written request to the Parole Commission for notification of parole hearings, in accordance with Correctional Services Article, §7-801, Annotated Code of Maryland; and Victim makes a written request that the parole hearing be open to the public. Predetermined parole release under COMAR 12.08.01.20, including Mutual Agreement Program parole releases from the Herman L. Toulson Correctional Boot Camp, are not subject to the public hearing process established by this chapter. All other regulations pertaining to the conduct of parole release hearings under this subtitle apply to open parole release hearings. In this chapter, the following terms have the meanings indicated. Terms Defined. “Chairman” means the Chairman of the Maryland Parole Commission or a designee. “Commission” means the Maryland Parole Commission. “Commissioner” means the Commissioner of Correction or a designee. “Designated family member” means a relative of a deceased victim who has been designated by the other relatives of the victim to act on their behalf with regard to notification of parole release hearings and requests for an open parole release hearing. “General public” means a party 18 years old or older interested in an open parole release hearing who is not the victim or the victim's companion. “Hearing official” means a panel of two or more Parole Commission members, an individual Parole Commission member, or a Parole Commission hearing examiner. “Open parole release hearing date” means the date on which a parole-eligible inmate who is incarcerated for a violent crime will receive a parole release hearing that is open to the general public. “Regional open hearing center” means a Division of Correction institution, designated by the Commissioner of Correction, where open parole release hearings will be conducted. “Tentative parole release hearing date” means the date on which a parole-eligible inmate who is incarcerated for a violent crime is likely to receive either an initial parole release hearing, or a parole release rehearing under Correctional Services Article, §§7-301 and 7-302, Annotated Code of Maryland. “Victim” means: An individual who suffers personal harm or death as a direct result of a crime; If the victim is deceased, a designated family member of the victim; or If the victim is less than 18 years old, the parent or legal guardian of the individual who suffers personal harm or death as a direct result of a crime. “Victim's companion” means a person 18 years old or older who has been selected by the victim to accompany the victim to an open parole release hearing. Violent Crime. “Violent crime” means, for offenses committed before October 1, 1994, the commission of, or attempt to commit, any of the following offenses: Abduction; Arson in the first degree; Burglary, including any common law or statutory form; Carjacking or armed carjacking; Child abuse; Escape; Housebreaking; Kidnapping; Manslaughter other than involuntary manslaughter; Mayhem; Murder; Rape; Robbery, including robbery with a deadly weapon; Assault with intent to commit any of these crimes; or Use of a handgun or other deadly weapon in the commission of, or attempt to commit, any crime. “Violent crime” means, for offenses committed on or after October 1, 1994, the commission of any of the following offenses: Abduction; Arson in the first degree; Assault with intent to murder; Assault with intent to rape; Assault with intent to rob; Assault with intent to commit a sexual offense in the first degree; Assault with intent to commit a sexual offense in the second degree; Burglary in the first, second, or third degree; Carjacking or armed carjacking; Child abuse; Kidnapping; Manslaughter, except involuntary manslaughter; Mayhem and maiming under Article 27, §§384, 385, and 386, Annotated Code of Maryland; Murder; Rape; Robbery; Robbery with a deadly weapon; Sexual offense in the first degree; Sexual offense in the second degree; Use of a handgun in the commission of a felony or other crime of violence; or An attempt to commit any of the aforesaid offenses. Inmates under the Jurisdiction of the Division of Correction. An inmate serving a term of confinement that includes a parole-eligible violent offense or offenses shall be scheduled for a tentative parole release hearing date. A victim who requests notification of the scheduling of a parole release hearing under Correctional Services Article, §7-801, Annotated Code of Maryland, or a victim of child abuse who otherwise requests notification of the scheduling of a parole release hearing, shall be given written notification of the tentative parole release hearing date by the Commission. The notification shall be sent at least 120 days before the tentative parole release hearing date to the victim's most current address filed with the Commission. The notification shall state the date of the tentative parole release hearing for an inmate convicted of the commission of a violent crime. A victim, after the Commission's written notification of the scheduling of a tentative parole release hearing date, may submit to the Commission, in writing, at least 90 days before the tentative parole release hearing date, a request that the parole release hearing be open to the general public under Correctional Services Article, §7-304, Annotated Code of Maryland. A victim may submit to the Commission the written request for the open parole release hearing at the same time as the written request for notification, if both written requests are submitted to the Commission at least 90 days before the tentative parole release hearing date. Unless a written request for an open parole release hearing is submitted to the Commission 90 days before the tentative parole release hearing date, the hearing shall be closed to the general public. It shall be within the discretion of the Chairman to grant or deny a request for an open hearing that is submitted to the Commission less than 90 days before the tentative parole release hearing date. Once an open hearing is held, a new request for an open parole release hearing is required for any subsequent hearing. Upon receipt of a victim's written request for an open parole release hearing within the time limits required by this regulation, the Commission shall designate the parole release hearing as a public hearing under Correctional Services Article, §7-304, Annotated Code of Maryland, unless: A chief law enforcement officer responsible for an ongoing criminal investigation related to the inmate submits: A written request to the Chairman for a closed parole release hearing, An explanation regarding how the ongoing investigation could be compromised if the hearing were open to the general public, and The request at least 30 days before the tentative parole release hearing date; and The Chairman grants the request for a closed hearing. If the chief law enforcement official's request for a closed hearing is granted, the victim and any other preapproved attendee shall be notified in writing as soon as practicable that the hearing will be closed to the general public. If written notification is not practicable, notification by telephone or other means may be used. Inmates under the Jurisdiction of a Local Jail or Detention Center. A victim shall apply under Correctional Services Article, §7-801, Annotated Code of Maryland, for notification that a tentative parole release hearing has been scheduled for the inmate convicted of the commission of the violent crime. A victim shall request, as set forth in Regulation .03A of this chapter, that the parole release hearing be open to the general public. Inmates under the Jurisdiction of the Division of Correction. Hearing Sites. An open parole release hearing shall be held at a regional open hearing center designated by the Commissioner. The regional open hearing centers will serve the Division of Correction facilities and institutional complexes located in the various geographical regions of the State. There may be more than one regional open hearing center in a geographical region if institutional security requires the establishment of separate open hearing centers within a geographical region. The following geographical regions will be sites of a regional open hearing center or centers: Baltimore, Maryland; Cresaptown, Maryland; Hagerstown, Maryland; Jessup, Maryland; and Westover, Maryland. Notification. After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date. The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to hold the open parole release hearing at a regional open hearing center. At least 90 days before the open parole release hearing date, the Commission shall inform the victim in writing of the date, time, and place of the open parole release hearing. At least 60 days before the open parole release hearing date, the Commission shall inform the Commissioner in writing of the date, time, and place of the open parole release hearing. Once notified of the date, time, and place of the open parole release hearing, the Division of Correction may not transfer the inmate from the jurisdiction of the regional center serving the facility where the inmate is housed until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming. If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a facility served by a different regional open hearing center, the inmate shall be returned to the original regional open hearing center for the open parole release hearing. Location. An open parole release hearing shall be held only at a regional open hearing center designated in §A(1) of this regulation. Inmates under the Jurisdiction of a Local Jail or Detention Center. Hearing Sites. An open parole release hearing shall be held at the local jail or detention center where the inmate convicted of the violent crime is committed. Notification. After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date. The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to accommodate the scheduling of an open parole release hearing at a local jail or detention center. At least 90 days before the open parole release hearing date, the Chairman shall inform the victim in writing of the date, time, and place of the open parole release hearing. At least 60 days before the open parole release hearing date, the Chairman shall inform the warden or superintendent of the local jail or detention center in writing of the date, time, and place of the open parole release hearing. Once notified of the date, time, and place of the open parole release hearing, the local jail or detention center may not transfer the inmate to a different facility until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming. If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a different facility, the inmate shall be returned to the original local jail or detention center for the open parole release hearing. Location. An open parole release hearing shall be held only at the local jail or detention center where the violent offender is committed. Victim Attendance. The victim and the victim's companion have the right to attend an open parole release hearing and shall be admitted before a member of the general public. A victim shall provide the name, date of birth, address, and telephone number of the victim's companion when the written request for the open parole release hearing is made to the Commission. A victim under 18 years old has the right to attend an open parole release hearing, but shall be accompanied by a parent, legal guardian, or other person 18 years old or older who is considered to be the victim's companion under this regulation. The Commissioner, or the warden or superintendent of a local jail or detention center, shall be informed in writing of the name of the victim and the victim's companion at least 15 days before the open parole release hearing date. Attendance by the General Public. A member of the general public shall make written application to the Commission in accordance with Regulation .06 of this chapter to attend an open parole release hearing. Applications shall be considered in the order that they are received, subject to available seating at the designated regional open hearing center, local jail, or detention center. The Chairman may consider the applications in some other order if the interest of the victim or the general public requires discretion. A member of the general public shall be at least 18 years old in order to attend an open parole release hearing. Limitations on Attendance at Open Parole Release Hearings. The Chairman, after consultation with the Commissioner, shall establish the number of individuals who may attend an open parole release hearing at each regional open hearing center, in accordance with the physical limitations and security requirements of the center. The Chairman, after consultation with the warden or superintendent of a local jail or detention center, shall establish the number of individuals who may attend an open parole release hearing at each local jail or detention center, in accordance with the physical limitations and security requirements of the facility. The Commission shall have published in the Maryland Register a notice of the date, time, and location of open parole release hearings. A member of the general public interested in attending an open parole release hearing shall apply to the Commission in writing at least 60 days before the open parole release hearing date. The written application to attend shall include: The inmate's full name, place of confinement, and institutional identification number; and The interested person's full name, date of birth, address, telephone number, relationship to the victim, if any, or relationship to the inmate, if any. A member of the general public approved to attend an open parole release hearing shall be informed by the Chairman in writing at least 30 days before the open parole release hearing date. The Chairman may disapprove an application to attend an open parole release hearing for any of the following reasons: Insufficient space at the designated regional open hearing center, local jail, or detention center; The applicant's attendance may threaten or present a danger to the security of the institution; The applicant's attendance may threaten or present a danger to other attendees or participants; or The applicant's attendance may disrupt the hearing. A member of the general public who is not approved to attend an open parole release hearing shall be notified by the Chairman in writing. If written notification is not practicable, notification by telephone or other means may be used. The Commissioner, or the warden or superintendent of a local jail or detention center, shall be informed in writing of the name and date of birth of all approved attendees at least 15 days before the open parole release hearing date. On the date of the open parole release hearing, the victim, the victim's companion, and preapproved members of the general public shall arrive at the designated regional open hearing center, or local jail or detention center, sufficiently in advance of the time set for the open parole release hearing to complete the required security procedures. The victim, the victim's companion, and preapproved members of the general public shall conduct themselves in an orderly and responsible manner while entering the open parole release hearing area, observing the hearing, and leaving the hearing area. An attendee shall comply with the normal procedures of the institution with respect to the admission of visitors, including, but not limited to: Submitting proper identification; Wearing proper attire; Consenting to be searched; and Complying with restrictions on the possession of contraband or other inappropriate items. Failure to comply with all established procedures for visitors shall result in the denial of admission to the institution and the open parole release hearing by a representative of either the Commission, the Division of Correction, or the local jail or detention center. After admission to the institution, all attendees shall remain in the waiting area designated by the institution until the inmate's case is called by the hearing official. While in the institution proper or on any adjoining property, walkway, street, or parking lot an attendee shall act in an orderly and responsible manner that does not threaten the security of the institution. Failure to act in an orderly and responsible manner, or failure to follow the reasonable instructions of institutional staff shall result in the denial of admission to the open parole release hearing by a representative of either the Commission, the Division of Correction, or the local jail or detention center. Only the victim, the victim's companion, and preapproved members of the general public shall be admitted to the open parole release hearing. A victim, victim's companion, or preapproved member of the general public may not send a substitute to the open parole release hearing unless the substitution is approved by the Chairman. A parole-eligible inmate who is incarcerated for a violent crime may be subject to an open parole release hearing if the victim of the crime for which the inmate is being heard for parole complies with Regulation .03 of this chapter. Upon the Commission's determination that the inmate's parole release hearing will be open to the general public, the inmate shall be notified of the open parole release hearing in writing at least 60 days before the open parole release hearing date. An inmate's request for the postponement of the open parole release hearing shall be for good cause and be submitted in writing to the Commission at least 30 days before the open parole release hearing date unless the need for the postponement could not be anticipated in a timely manner. An inmate may not request a postponement of the open parole release hearing for the sole reason that the parole release hearing is open to the general public. If the inmate's request for a postponement is granted, it shall be for an indefinite period of time and a new date for the open parole release hearing shall be set only when the inmate submits a written request for a parole release hearing to the Commission. When a postponement of the open parole release hearing is granted in advance of the hearing, the Chairman shall notify the Division of Correction, the local jail or detention center, the victim, the victim's companion, and preapproved members of the general public that the open parole release hearing has been postponed. When possible, the notification of the postponement shall be made in writing and at least 15 days before the open parole release hearing date. When a new parole release hearing date is set, the hearing shall be open to the victim, the victim's companion, and members of the general public who were previously approved to attend the parole release hearing. Once the postponed open parole release hearing is rescheduled by the Commission, written notification shall be provided to the Division of Correction, local jail or detention center, the victim, the victim's companion, preapproved members of the general public, and the inmate in accordance with Regulations .04, .06, and .08 of this chapter. The Commission may postpone, suspend, or cancel an open parole release hearing because of unforeseen or emergency circumstances, including, but not limited to: Sudden illness of the hearing official; Impassable roads; Mechanical failure of vehicles; and Riot or other disturbance within the institution. The victim, the victim's companion, preapproved members of the general public, the Division of Correction, the local jail or detention center, and the inmate shall be informed as soon as practicable that the open parole release hearing has been postponed, suspended, or cancelled. An open hearing that is postponed, suspended, or cancelled under this regulation shall be rescheduled as soon as practicable as an open parole release hearing. If possible, written notification of the rescheduled hearing date, time, and place shall be provided to the victim, the victim's companion, preapproved members of the general public, the Division of Correction, the local jail or detention center, and the inmate. If the written notification is not possible, notification by telephone or other means may be used. An open parole release hearing session shall commence promptly at 9:30 a.m. unless another time has been set. Conduct When Cases Are Called. Cases shall be called in the order docketed by the Commission, subject to the availability of the inmate and the security requirements of the institution, but the order may be changed at any time by the Commission. When the case is called, the victim, the victim's companion, and preapproved members of the general public shall be ready and shall immediately present themselves to institutional staff for an escort to the hearing area. A victim, victim's companion, or preapproved member of the general public who fails to respond when the inmate's case is called may not be admitted to the hearing. Observing an Open Parole Release Hearing. The victim and other attendees may observe the open parole release hearing, but may not provide oral or written testimony at the open parole release hearing. Under Correctional Services Article, §7-801, Annotated Code of Maryland, the victim, at least 30 days before the open parole release hearing, may: Make a written recommendation to the Commission on the advisability of releasing the inmate on parole; and Request that an inmate be prohibited from having any contact with the victim as a condition of parole. A written recommendation on the advisability of parole, a request for a special condition of parole prohibiting contact by the inmate, or an updated victim impact statement prepared in conformity with Correctional Services Article, §7-801, Annotated Code of Maryland, shall be considered at the parole release hearing by a hearing official. The victim may request a meeting with a Commission member at the Commission's Executive Offices. An attendee of an open parole release hearing may not: Film or videotape the hearing; Record the oral testimony by electronic recording devices or stenographic means; or Take still photographs. The victim and other attendees may observe the entire open parole release hearing unless a hearing official, by formal action, closes the hearing for any of the following reasons: To receive oral testimony that, if disclosed to the general public, would violate the doctor/patient privilege; or To deliberate upon oral testimony and other relevant information received at the parole release hearing. A hearing official may deny admission or continued attendance at an open parole release hearing to a victim or any other attendee who by word, action, or gesture: Threatens or presents a danger to the security of the institution where the parole release hearing is being held; Threatens or presents a danger to other attendees or participants; or Disrupts the parole release hearing. Conclusion of Oral Testimony. At the conclusion of oral testimony and deliberation, the hearing official conducting the hearing shall announce to the inmate, the victim, and other attendees the outcome of the hearing. If the open parole release hearing is conducted by a panel of Commission members, the vote of each member shall be announced. If the parole release hearing is conducted by a hearing examiner or a Commission member acting as a hearing examiner, the hearing examiner's recommendation to the Commission shall be announced. A decision by a panel of Commission members, or recommendation by a hearing examiner to defer a final formal action in the inmate's case pending the receipt of additional information considered necessary by a hearing official, shall be announced. A decision by a panel of Commission members to defer a final formal action in the inmate's case to permit consideration by the Commission en banc shall be announced. The vote of each member of the Commission on a formal action pertaining to an open parole release hearing, including an action to close or restrict access to the hearing, shall be made available to the general public if: An interested person submits to the Commission the request in writing; and The written request contains the inmate's name, place of confinement, institutional identification number, and the date of the open parole release hearing. A request for a decision that meets the requirements of §A of this regulation shall be answered by the Commission, when possible, in writing within 15 days from receipt of the request. When a final formal action is deferred pending the receipt of additional information, or is deferred by a hearing official to permit consideration of the case by the Commission meeting en banc, the request for the parole decision shall be answered by the Commission, when possible, in writing within 15 days of the date that the final formal action is taken. Decision of Hearing Examiner. The decision of a hearing examiner or a Commission member acting as a hearing examiner on a formal action pertaining to an open parole release hearing, including an action to close or restrict access to the hearing, shall be made available to the general public. A hearing examiner's decision to close or restrict access to the parole release hearing may be made without the approval of a Commission member. All other decisions by a hearing examiner constitute a recommendation to the Commission for a final formal action and are subject to approval or disapproval by the Commission. The recommendation of a hearing examiner is subject to an appeal under COMAR 12.08.01.19. If an appeal is filed, the decision of the appellate panel of the Commission shall constitute the final formal action. A request by the general public for the hearing examiner's recommendation or the final formal action resulting from the hearing examiner's recommendation shall be made as provided in this regulation. Nothing in this chapter shall prevent the Commission from adopting procedures for the conduct of open parole release hearings over closed-circuit television or other suitable electronic media. Correctional Services Article, §7-207, Annotated Code of Maryland Effective date: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)