Chapter 01. General Regulations

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:

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:

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:

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.

Sentence of Life Imprisonment.

Consecutive Sentences.

Split Sentences.

State Penal or Correctional Cases.

County Jail and Detention Center Cases.

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:

“Representative” defined. The following shall be recognized as authorized representatives to examine an inmate's file at his request:

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.

Review of Parole Commission File.

Disputed facts.

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 Commission also considers the following criteria:

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:

To make these determinations the Commission shall examine:

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:

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.

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.

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:

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.

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.

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:

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:

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:

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:

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.

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:

A prisoner may not be released from confinement without an approved parole plan.

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.

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:

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.

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.

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.

The panel may elect to do the following:

Remand.

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.

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:

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.

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.

Report to your parole agent as directed and follow his instructions;

Work regularly;

Get permission from your parole agent before:

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.

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.

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.

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.

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”.

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.

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.

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:

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 person who participated in a parole release decision or has supervised the alleged violator on parole is disqualified from conducting a preliminary hearing.

The hearings are conducted as an adversary proceeding and are subject to judicial review. One commissioner is authorized to conduct the hearings.

Scheduling.

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.

Transcript.

Commission Decisions.

Form of Decisions.

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:

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.

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:

Denial of a granted parole before the inmate's release shall be subject to the following procedure:

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:

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.

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.