Chapter 02. Certificate of Rehabilitation
Regulation .01 Purpose.LinkCopy Citation
A.
In accordance with the Justice Reinvestment Act, the Department of Public Safety and Correctional Services (Department) supports employment of an individual who was convicted of certain specified crimes and who successfully completes parole, probation, or mandatory release obligations and, by law, is entitled to a Certificate of Completion or Certificate of Rehabilitation or both.
B.
This chapter:
(1)
Sets forth eligibility requirements for a Certificate of Completion and Certificate of Rehabilitation;
(2)
Explains the purpose of a Certificate of Completion and Certificate of Rehabilitation; and
(3)
Establishes procedures for responding to an individual’s request for a Certificate of Completion and Certificate of Rehabilitation.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Crime of violence” has the meaning stated in Criminal Law Article, §14-101, Annotated Code of Maryland.
(2)
“Criminal History Record Information (CHRI)” has the meaning stated in Criminal Procedure Article, §10-201, Annotated Code of Maryland.
(3)
“Director” means the Director of the Division of Parole and Probation.
(4)
“Division” means the Division of Parole and Probation.
(5)
“Individual of record” means the individual:
(a)
To whom the certificate or a denial of the certificate shall be issued; and
(b)
Either:
(i)
Whose supervision history will be reviewed to determine eligibility for a Certificate of Completion; or
(ii)
Whose criminal history and supervision history will be reviewed to determine eligibility for a Certificate of Rehabilitation.
(6)
“Supervised” means that an individual is placed under the jurisdiction of the Division.
Regulation .03 Certificate of Completion.LinkCopy Citation
A.
Under Correctional Services Article, §7-103, Annotated Code of Maryland, the Department may issue a Certificate of Completion to an individual of record or the individual of record’s legal designee if the individual was under the supervision of the Department on or after July 1, 2014.
B.
A Certificate of Completion shall indicate that the individual named on the certificate was previously supervised by the Division as a probationer, parolee, or mandatory supervisee and successfully completed the individual’s term of supervision by:
(1)
Fulfilling the standard and special conditions under which the individual was released to probation, parole, or mandatory release supervision; and
(2)
Fully satisfying the individual’s requirements for payment of all restitution, fines, fees, and other payment obligations.
C.
A Certificate of Completion:
(1)
Shall be in a form and contain information approved by the Director;
(2)
May be issued for each separate period an individual is supervised by the Division as provided under §B of this regulation; and
(3)
Shall only be issued for an offense adjudicated in a Maryland State Court.
D.
An individual may request a Certificate of Completion:
(1)
After the individual’s term of supervision ends; and
(2)
In a manner established by the Director.
E.
Division Response to a Request for a Certificate of Completion.
(1)
A Division employee receiving a request in accordance with §D of this regulation shall respond to the individual requesting a Certificate of Completion within 15 workdays of the date the request is received by the Division agent, monitor, or other authorized employee;
(2)
If the individual of record meets the eligibility requirements set forth in §B of this regulation, a Certificate of Completion shall be mailed to the individual of record’s address, within the time limit established in §E(1) of this regulation; and
(3)
If the individual of record does not meet the eligibility requirements set forth in §B of this regulation, a Denial of Certificate Completion form shall be mailed to the individual of record’s address, within the time limit established in §E(1) of this regulation.
Regulation .04 Certificate of Rehabilitation.LinkCopy Citation
A.
An individual may be eligible for a Certificate of Rehabilitation if the individual:
(1)
Was convicted of a crime, misdemeanor or qualifying felony, which was not a:
(a)
Crime of violence; or
(b)
Sexual offense that requires the individual to register in accordance with Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland;
(2)
Was supervised by the Division;
(3)
Has completed all standard and special conditions under which the individual was released on probation, parole, or mandatory release supervision;
(4)
Fully satisfied payment obligations, including restitution, fines, fees, and other payment obligations;
(5)
Is no longer under the supervision of the Division;
(6)
Has not previously been issued a Certificate of Rehabilitation; and
(7)
Requests a Certificate of Rehabilitation.
B.
A Certificate of Rehabilitation:
(1)
Shall be issued only for an offense adjudicated in a Maryland State Court;
(2)
May be issued only once in an individual’s lifetime; and
(3)
May not be construed as:
(a)
A pardon;
(b)
An expungement; or
(c)
A form of exoneration.
Regulation .05 Requesting a Certificate of Rehabilitation.LinkCopy Citation
A.
Certificate of Rehabilitation.
(1)
An individual who wishes to apply for a Certificate of Rehabilitation shall submit a written request to the Director.
(2)
A request for a Certificate of Rehabilitation shall be made by the individual of record or the individual of record’s legal designee.
(3)
A request for a Certificate of Rehabilitation:
(a)
Shall be submitted to the Division in written form as a letter or electronically using the Department’s public website; and
(b)
May be submitted after the individual of record has completed a term of supervision by the Division.
B.
A request for a Certificate of Rehabilitation shall include:
(1)
Written authorization, in a form or format approved by the Director that is signed by the individual of record, for Division staff to conduct a CHRI check on the individual of record for the limited purpose of determining if an unreported criminal event occurred prior to the closure of the Division’s interest in the case; and
(2)
Other information required by the Director.
Regulation .06 Processing a Request for a Certificate of Rehabilitation.LinkCopy Citation
A.
Upon receipt of a request for a Certificate of Rehabilitation in accordance with Regulation .05 of this chapter, the Director, or a designee, shall assign the request for a Certificate of Rehabilitation for investigation to a Division field office in the region in which the individual of record’s term of probation, parole, or mandatory release was closed.
B.
The agent assigned to conduct the investigation of a request for a Certificate of Rehabilitation shall:
(1)
Complete the investigation within 45 days of the date the request is received by the agent; and
(2)
Conduct and document the investigation in accordance with Division investigation requirements.
C.
Before conducting a CHRI check as part of an investigation of a request for a Certificate of Rehabilitation, the agent conducting the investigation shall ensure that the individual requesting the Certificate of Rehabilitation has submitted written authorization for the CHRI check required in Regulation .05B(1) of this chapter.
D.
If at any time during the investigation of a request for a Certificate of Rehabilitation the agent assigned the investigation determines that information exists to deny the request should be denied in accordance with provisions of Correctional Services Article, §7-104, Annotated Code of Maryland, the investigator shall:
(1)
Terminate the investigation;
(2)
Document the findings and reason for denying the request for a Certificate of Rehabilitation in accordance with Division procedures; and
(3)
Forward the documentation to the Director, or a designee, for approval.
E.
If an investigation is not terminated in accordance with provisions under §D of this regulation or is returned by the Director, or a designee, for further investigation, the agent assigned the Certificate of Rehabilitation investigation shall complete the investigation within the 45-day period by:
(1)
Reviewing information received as part of the investigation in concert with the purpose of and eligibility requirements established by statute and regulation for a Certificate of Rehabilitation;
(2)
If the agent’s investigation establishes that the individual meets the eligibility requirements for a Certificate of Rehabilitation, complying with notification requirements in accordance with §F of this regulation;
(3)
Preparing and submitting to the Director, or a designee, a written report of findings in accordance with Division procedures;
(4)
Submitting with the written report required in §E(3) of this regulation a copy of the notice required under §F of this regulation and a written response received or, if no response is received, a statement indicating that no response was received; and
(5)
Including in the written report required in §E(3) of this regulation a statement, based on the investigation, indicating the applicant:
(a)
Meets the criteria for a Certificate of Rehabilitation; or
(b)
Does not meet the criteria for a Certificate of Rehabilitation.
F.
Opportunity for Prosecutor and Crime Victim to Comment.
(1)
Correctional Services Article, §7-104, Annotated Code of Maryland, requires that if the Division intends to issue a Certificate of Rehabilitation that the following be provided an opportunity to comment on the issuance of the Certificate of Rehabilitation:
(a)
State’s Attorney or prosecutor responsible for the jurisdiction in which the conviction for the crime related to the Certificate of Rehabilitation occurred; and
(b)
Victim or victims, if any, of the crime referenced in §F(1)(a) of this regulation.
(2)
If an investigation required in §E of this regulation finds that the applicant for a Certificate of Rehabilitation meets eligibility criteria for a Certificate of Rehabilitation, within 5 workdays of the date of that determination the agent conducting the investigation shall prepare and send by U.S. Mail a written notice to the individuals identified in §F(1) of this regulation that includes:
(a)
The full name of the individual requesting a Certificate of Rehabilitation;
(b)
The court name, case number, and date of the conviction of the individual requesting a Certificate of Rehabilitation;
(c)
A statement that:
(i)
The named individual requested a Certificate of Rehabilitation;
(ii)
By law, the prosecutor and victim have a right to comment on the issuance of the requested Certificate of Rehabilitation; and
(iii)
A statement that the individual making the request for a Certificate of Rehabilitation meets statutory eligibility requirements for the Certificate of Rehabilitation;
(d)
The name and title of the agent assigned to investigate the request for a Certificate of Rehabilitation;
(e)
The address of the office to which a reply is to be sent; and
(f)
A statement that if a response is not received within 15 calendar days of the postmark on the envelope containing the notice, the Division shall conclude the parties notified waive the right to comment under this section.
G.
On completion of the investigation, the agent assigned to investigate a request for a Certificate of Rehabilitation on completion of the investigation shall forward the request, report of investigation, and related documentation to the Director or a designee.
Regulation .07 Approving or Denying a Request for a Certificate of Rehabilitation.LinkCopy Citation
A.
Approving or denying a request for a Certificate of Rehabilitation made in accordance with Regulation .06E(5) of this chapter related to a Certificate of Rehabilitation rests with the Director, or a designee.
B.
Based on the information provided by the agent assigned to investigate the request for a Certificate of Rehabilitation, the Director, or a designee, shall:
(1)
If the decision is to approve the issuance of a Certificate of Rehabilitation:
(a)
Direct Division staff to prepare a Certificate of Rehabilitation for the individual of record; and
(b)
Mail the completed Certificate of Rehabilitation to the individual making the request; or
(2)
If the decision is to deny the issuance the Certificate of Rehabilitation:
(a)
Direct Division staff to prepare a Denial of Certificate of Rehabilitation form that includes:
(i)
A denial statement; and
(ii)
The reason or reasons for the denial; and
(b)
Mail the Denial of Certificate of Rehabilitation form to the individual making the request.
C.
The Director, or a designee, shall maintain the application and related documentation in a file created for that purpose.
Chapter annotations
Authority: Correctional Services Article, §§2-109, 7-103, and 7-104, Annotated Code of Maryland
History: Effective date: June 4, 2018 (45:11 Md. R. 578)