EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0920*
HOUSE BILL 920
E5 2lr2350
CF SB 774
By: Delegate Bartlett
Introduced and read first time: February 7, 2022
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted with floor amendments
Read second time: March 6, 2022
CHAPTER ______
AN ACT concerning 1
Correctional Services – Medical Parole – Life Imprisonment 2
FOR the purpose of prohibiting an individual serving a term of life imprisonment for 3
first–degree murder committed on or after a certain date from being eligible for 4
medical parole; repealing provisions relating to gubernatorial approval of a decision 5
of the Maryland Parole Commission to grant medical parole to an inmate serving a 6
term of life imprisonment; and generally relating to medical parole. 7
BY repealing and reenacting, with amendments, 8
Article – Correctional Services 9
Section 7–309 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Correctional Services 15
7–309. 16
(a) (1) This EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17
SUBSECTION, THIS section applies to any inmate who is sentenced to a term of 18
incarceration for which all sentences being served, including any life sentence, are with the 19
possibility of parole. 20 2 HOUSE BILL 920
(2) THIS SECTION DOES NOT APPLY TO AN INMATE W HO IS SERVING A 1
TERM OF IMPRISONMENT FOR A VIOLATION OF § 2–201 OF THE CRIMINAL LAW 2
ARTICLE COMMITTED ON OR AFTER OCTOBER 1, 2022. 3
(b) An inmate who is so chronically debilitated or incapacitated by a medical or 4
mental health condition, disease, or syndrome as to be physically incapable of presenting a 5
danger to society may be released on medical parole at any time during the term of that 6
inmate’s sentence, without regard to the eligibility standards specified in § 7–301 of this 7
subtitle. 8
(c) (1) A request for a medical parole under this section may be filed with the 9
Maryland Parole Commission by: 10
(i) the inmate seeking the medical parole; 11
(ii) an attorney; 12
(iii) a prison official or employee; 13
(iv) a medical professional; 14
(v) a family member; or 15
(vi) any other person. 16
(2) The request shall be in writing and shall articulate the grounds that 17
support the appropriateness of granting the medical parole. 18
(d) Following review of the request, the Commission may: 19
(1) find the request to be inconsistent with the best interests of public 20
safety and take no further action; or 21
(2) request that department or local correctional facility personnel provide 22
information for formal consideration of parole release. 23
(e) The information to be considered by the Commission before granting medical 24
parole shall, at a minimum, include: 25
(1) (i) a recommendation by the medical professional treating the 26
inmate under contract with the Department or local correctional facility; or 27
(ii) if requested by an individual identified in subsection (c)(1) of this 28
section, one medical evaluation conducted at no cost to the inmate by a medical professional 29
who is independent from the Division of Correction or local correctional facility; 30
HOUSE BILL 920 3
(2) the inmate’s medical information, including: 1
(i) a description of the inmate’s condition, disease, or syndrome; 2
(ii) a prognosis concerning the likelihood of recovery from the 3
condition, disease, or syndrome; 4
(iii) a description of the inmate’s physical incapacity and score on the 5
Karnofsky Performance Scale Index or similar classification of physical impairment; and 6
(iv) a mental health evaluation, where relevant; 7
(3) discharge information, including: 8
(i) availability of treatment or professional services within the 9
community; 10
(ii) family support within the community; and 11
(iii) housing availability, including hospital or hospice care; and 12
(4) case management information, including: 13
(i) the circumstances of the current offense; 14
(ii) institutional history; 15
(iii) pending charges, sentences in other jurisdictions, and any other 16
detainers; and 17
(iv) criminal history information. 18
(f) The Commission may require as a condition of release on medical parole that: 19
(1) the parolee agree to placement for a definite or indefinite period of time 20
in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 21
condition, including the family home of the parolee, as specified by the Commission or the 22
supervising agent; and 23
(2) the parolee forward authentic copies of applicable medical records to 24
indicate that the particular medical condition giving rise to the release continues to exist. 25
(g) (1) If the Commission has reason to believe that a parolee is no longer so 26
debilitated or incapacitated as to be physically incapable of presenting a danger to society, 27
the parolee shall be returned to the custody of the Division of Correction or the local 28
correctional facility from which the inmate was released. 29
4 HOUSE BILL 920
(2) (i) A parole hearing for a parolee returned to custody shall be held 1
to consider whether the parolee remains incapacitated and shall be heard promptly. 2
(ii) A parolee returned to custody under this subsection shall be 3
maintained in custody, if the incapacitation is found to no longer exist. 4
(3) An inmate whose medical parole is revoked for lack of continued 5
incapacitation may be considered for parole in accordance with the eligibility requirements 6
specified in § 7–301 of this subtitle. 7
(h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 8
victim notification and opportunity to be heard shall apply to proceedings relating to 9
medical parole. 10
(2) In cases of imminent death, time limits relating to victim notification 11
and opportunity to be heard may be reduced or waived in the discretion of the Commission. 12
[(i) (1) If the Commission decides to grant medical parole to an inmate 13
sentenced to life imprisonment, the decision shall be transmitted to the Governor. 14
(2) The Governor may disapprove the decision by written transmittal to 15
the Commission. 16
(3) If the Governor does not disapprove the decision within 180 days after 17
receipt of the written transmittal, the decision becomes effective.] 18
[(j)] (I) The Commission shall issue regulations to implement the provisions of 19
this section. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.