Chapter 12. Revocation of Status
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Inmate” means an eligible person, as defined in COMAR 12.12.01.03B(9).
Regulation .02 Revocation of Leave, Work Release, or School Release.LinkCopy Citation
A.
General.
(1)
At any time after approval of leave, work release, or school release has been granted, it may be suspended or revoked for any reason by the Board of Review.
(2)
The Board of Review shall issue a warrant for the return to custody of an inmate who has escaped from leave, work release, or school release.
(3)
The Board of Review shall conduct a hearing in compliance with the procedures specified in these regulations to determine the facts of the case. The hearing shall be held at the Board of Review's next regularly scheduled meeting. The inmate shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the inmate of the allegations against the inmate.
(4)
After the hearing, the Board of Review shall render a decision consistent with these regulations.
(5)
Inmates suspended or revoked from leave, work release, or school release shall be granted all credit toward the diminution of their sentences as deemed appropriate by the Board of Review.
B.
Any person may present information and evidence establishing reasonable suspicion that a prerelease status inmate has committed a major violation of that inmate's conditions for status. Based on the establishment of a reasonable suspicion, the inmate shall be confined to the Institution and appear before the Board of Review for a status hearing. The hearing shall be held and the inmate given notice as described in §A(3) of this regulation.
C.
If the evidence presented to the Board of Review substantiates that a major violation was committed by the prerelease status inmate, the inmate shall be confined to the Institution and shall be ineligible for work release, school release, or leave status for a minimum of 6 months.
D.
If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing a prerelease status inmate from the Institution, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.
E.
If a prerelease status inmate commits a second major violation while on work release, school release, or leave, the inmate shall be removed from the Institution and returned to the Division to serve the remainder of the original sentence.
Regulation .03 Parole Revocation.LinkCopy Citation
A.
Warrants. It shall be the duty of the reentry facility supervising staff member to make application to the Warden for a warrant of parole violation, in every case when there is reasonable suspicion to believe that the paroled inmate is a violator.
B.
Preliminary Hearings.
(1)
An alleged parole violator shall receive a preliminary hearing before a hearing examiner upon return to the Institution. The purpose of the preliminary hearing is to determine whether probable cause exists to believe that the paroled inmate violated parole and to determine the disposition of the paroled inmate pending a formal parole revocation hearing before the Board of Review.
(2)
An alleged parole violator shall have the following rights at a preliminary parole revocation hearing:
(a)
The right to call witnesses on the paroled inmate's behalf;
(b)
The right to present documentary evidence on the paroled inmate's behalf;
(c)
The right to question adverse witnesses;
(d)
The right to remain silent regarding any untried criminal charge; and
(e)
The right to request a postponement of the preliminary hearing for good cause.
(3)
The impartial hearing examiner shall be an employee of the Institution who has not been involved with the supervision of the alleged parole violator.
(4)
Findings.
(a)
If the hearing examiner finds no probable cause to believe that the alleged parole violator violated the parole agreement, the hearing examiner shall order that the paroled inmate be released on parole status.
(b)
If the hearing examiner finds that probable cause does exist to believe that the alleged parole violator violated parole, the paroled inmate shall be confined to the Institution pending a formal parole revocation hearing before the Board of Review.
C.
Revocation Hearings.
(1)
A quorum of the Board of Review, as defined in COMAR 12.12.06.05A, is authorized to conduct these hearings.
(2)
Scheduling.
(a)
A parole revocation hearing shall be held within 90 days of the conclusion of the preliminary hearing.
(b)
The Board of Review may, for good cause shown, postpone a parole revocation hearing.
(3)
A paroled inmate is entitled to counsel of his or her choice.
(4)
The parole supervisor shall be present at the hearing to report on the activities of the paroled inmate and the circumstances of the alleged violation.
(5)
A paroled inmate shall have the same rights as listed in §B(2) of this regulation, and shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the paroled inmate of the facts and circumstances constituting the alleged violation or violations.
(6)
Burden of Proof.
(a)
The Board of Review shall assure that all decisions are based upon a preponderance of the evidence.
(b)
The Institution shall bear the burden of proof.
(7)
Findings.
(a)
The Board of Review shall provide an inmate with a written statement of the evidence relied on and the reasons for revoking or not revoking parole.
(b)
If the Board of Review finds that no violation occurred, the paroled inmate shall be returned to parole status.
(c)
If the Board of Review finds that a violation has in fact occurred, the Board of Review may take whatever action it considers appropriate consistent with Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, and COMAR 12.12.09.06.
(8)
All parole revocation hearings shall be recorded.
Regulation .04 Revocation of Eligible Person Status.LinkCopy Citation
A.
Under the authority of Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Board of Review is empowered to revoke an inmate's eligible person status upon finding that the inmate no longer meets the criteria outlined in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05.
B.
Revocation Procedure.
(1)
The revocation procedure shall be as described in this section.
(2)
The treatment unit shall state their reasons for recommending that the inmate's eligible person status be revoked. The treatment unit's report shall confirm that the inmate no longer responds favorably to the programs and services provided at the Institution and the reason that the inmate can no longer be better habilitated through these programs and services than by other incarceration.
(3)
Procedures delineated in COMAR 12.12.04.02A, concerning voluntary transfers, apply to revocation of eligible person status.
Chapter annotations
Authority: Correctional Services Article, §4-208, Annotated Code of Maryland
History: Effective date: February 3, 1992 (19:2 Md. R. 155)