<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 12.08.02.10" title_num="12" subtitle_num="08" chapter_num="02" heading="Conduct of the Open Parole Release Hearing.">
  <paragraph num="A.">
    <text>An open parole release hearing session shall commence promptly at 9:30 a.m. unless another time has been set.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Conduct When Cases Are Called.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Observing an Open Parole Release Hearing.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Under Correctional Services Article, §7-801, Annotated Code of Maryland, the victim, at least 30 days before the open parole release hearing, may:</text>
      <paragraph num="(a)">
        <text>Make a written recommendation to the Commission on the advisability of releasing the inmate on parole; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Request that an inmate be prohibited from having any contact with the victim as a condition of parole.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The victim may request a meeting with a Commission member at the Commission's Executive Offices.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An attendee of an open parole release hearing may not:</text>
    <paragraph num="(1)">
      <text>Film or videotape the hearing;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Record the oral testimony by electronic recording devices or stenographic means; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Take still photographs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>To receive oral testimony that, if disclosed to the general public, would violate the doctor/patient privilege; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To deliberate upon oral testimony and other relevant information received at the parole release hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Threatens or presents a danger to the security of the institution where the parole release hearing is being held;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Threatens or presents a danger to other attendees or participants; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Disrupts the parole release hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Conclusion of Oral Testimony.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the open parole release hearing is conducted by a panel of Commission members, the vote of each member shall be announced.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>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.</text>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
</regulation>