Maryland 2022 Regular Session

Maryland Senate Bill SB774 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0774
6	6
7	7	SENATE BILL 774
8	8	E5 2lr2490
9	9	CF 2lr2350
10	10	By: Senator Carter
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Correctional Services – Medical Parole – Life Imprisonment 2
19	19
20	20	FOR the purpose of repealing provisions relating to gubernatorial approval of a decision of 3
21	21	the Maryland Parole Commission to grant medical parole to an inmate serving a 4
22	22	term of life imprisonment; and generally relating to medical parole. 5
23	23
24	24	BY repealing and reenacting, with amendments, 6
25	25	Article – Correctional Services 7
26	26	Section 7–309 8
27	27	Annotated Code of Maryland 9
28	28	(2017 Replacement Volume and 2021 Supplement) 10
29	29
30	30	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
31	31	That the Laws of Maryland read as follows: 12
32	32
33	33	Article – Correctional Services 13
34	34
35	35	7–309. 14
36	36
37	37	(a) This section applies to any inmate who is sentenced to a term of incarceration 15
38	38	for which all sentences being served, including any life sentence, are with the possibility of 16
39	39	parole. 17
40	40
41	41	(b) An inmate who is so chronically debilitated or incapacitated by a medical or 18
42	42	mental health condition, disease, or syndrome as to be physically incapable of presenting a 19
43	43	danger to society may be released on medical parole at any time during the term of that 20
44	44	inmate’s sentence, without regard to the eligibility standards specified in § 7–301 of this 21
45	45	subtitle. 22
46	46
47	47	(c) (1) A request for a medical parole under this section may be filed with the 23
48	48	Maryland Parole Commission by: 24 2 SENATE BILL 774
49	49
50	50
51	51
52	52	(i) the inmate seeking the medical parole; 1
53	53
54	54	(ii) an attorney; 2
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56	56	(iii) a prison official or employee; 3
57	57
58	58	(iv) a medical professional; 4
59	59
60	60	(v) a family member; or 5
61	61
62	62	(vi) any other person. 6
63	63
64	64	(2) The request shall be in writing and shall articulate the grounds that 7
65	65	support the appropriateness of granting the medical parole. 8
66	66
67	67	(d) Following review of the request, the Commission may: 9
68	68
69	69	(1) find the request to be inconsistent with the best interests of public 10
70	70	safety and take no further action; or 11
71	71
72	72	(2) request that department or local correctional facility personnel provide 12
73	73	information for formal consideration of parole release. 13
74	74
75	75	(e) The information to be considered by the Commission before granting medical 14
76	76	parole shall, at a minimum, include: 15
77	77
78	78	(1) (i) a recommendation by the medical professional treating the 16
79	79	inmate under contract with the Department or local correctional facility; or 17
80	80
81	81	(ii) if requested by an individual identified in subsection (c)(1) of this 18
82	82	section, one medical evaluation conducted at no cost to the inmate by a medical professional 19
83	83	who is independent from the Division of Correction or local correctional facility; 20
84	84
85	85	(2) the inmate’s medical information, including: 21
86	86
87	87	(i) a description of the inmate’s condition, disease, or syndrome; 22
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89	89	(ii) a prognosis concerning the likelihood of recovery from the 23
90	90	condition, disease, or syndrome; 24
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92	92	(iii) a description of the inmate’s physical incapacity and score on the 25
93	93	Karnofsky Performance Scale Index or similar classification of physical impairment; and 26
94	94
95	95	(iv) a mental health evaluation, where relevant; 27
96	96
97	97	(3) discharge information, including: 28 SENATE BILL 774 3
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99	99
100	100
101	101	(i) availability of treatment or professional services within the 1
102	102	community; 2
103	103
104	104	(ii) family support within the community; and 3
105	105
106	106	(iii) housing availability, including hospital or hospice care; and 4
107	107
108	108	(4) case management information, including: 5
109	109
110	110	(i) the circumstances of the current offense; 6
111	111
112	112	(ii) institutional history; 7
113	113
114	114	(iii) pending charges, sentences in other jurisdictions, and any other 8
115	115	detainers; and 9
116	116
117	117	(iv) criminal history information. 10
118	118
119	119	(f) The Commission may require as a condition of release on medical parole that: 11
120	120
121	121	(1) the parolee agree to placement for a definite or indefinite period of time 12
122	122	in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 13
123	123	condition, including the family home of the parolee, as specified by the Commission or the 14
124	124	supervising agent; and 15
125	125
126	126	(2) the parolee forward authentic copies of applicable medical records to 16
127	127	indicate that the particular medical condition giving rise to the release continues to exist. 17
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129	129	(g) (1) If the Commission has reason to believe that a parolee is no longer so 18
130	130	debilitated or incapacitated as to be physically incapable of presenting a danger to society, 19
131	131	the parolee shall be returned to the custody of the Division of Correction or the local 20
132	132	correctional facility from which the inmate was released. 21
133	133
134	134	(2) (i) A parole hearing for a parolee returned to custody shall be held 22
135	135	to consider whether the parolee remains incapacitated and shall be heard promptly. 23
136	136
137	137	(ii) A parolee returned to custody under this subsection shall be 24
138	138	maintained in custody, if the incapacitation is found to no longer exist. 25
139	139
140	140	(3) An inmate whose medical parole is revoked for lack of continued 26
141	141	incapacitation may be considered for parole in accordance with the eligibility requirements 27
142	142	specified in § 7–301 of this subtitle. 28
143	143
144	144	(h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 29
145	145	victim notification and opportunity to be heard shall apply to proceedings relating to 30
146	146	medical parole. 31 4 SENATE BILL 774
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148	148
149	149
150	150	(2) In cases of imminent death, time limits relating to victim notification 1
151	151	and opportunity to be heard may be reduced or waived in the discretion of the Commission. 2
152	152
153	153	[(i) (1) If the Commission decides to grant medical parole to an inmate 3
154	154	sentenced to life imprisonment, the decision shall be transmitted to the Governor. 4
155	155
156	156	(2) The Governor may disapprove the decision by written transmittal to 5
157	157	the Commission. 6
158	158
159	159	(3) If the Governor does not disapprove the decision within 180 days after 7
160	160	receipt of the written transmittal, the decision becomes effective.] 8
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162	162	[(j)] (I) The Commission shall issue regulations to implement the provisions of 9
163	163	this section. 10
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165	165	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
166	166	October 1, 2022. 12
167	167