EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1123*
HOUSE BILL 1123
E5 5lr3080
By: Delegates Bartlett and Charkoudian
Introduced and read first time: February 5, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Medical and Elder Parole 2
FOR the purpose of repealing provisions relating to gubernatorial approval of a decision of 3
the Maryland Parole Commission to grant medical parole to an incarcerated 4
individual serving a term of life imprisonment; requiring the Department of Public 5
Safety and Correctional Services to submit to the Commission the names of certain 6
individuals at a certain time; requiring the Commission to conduct a risk assessment 7
for a certain individual at a certain time; requiring the Commission to conduct a 8
certain parole release hearing and determine whether a certain incarcerated 9
individual is suitable for parole at a certain time; authorizing the Justice 10
Reinvestment Oversight Board to recommend that a portion of certain savings be 11
distributed to the Commission for a certain purpose; and generally relating to 12
medical and elder parole. 13
BY repealing and reenacting, with amendments, 14
Article – Correctional Services 15
Section 7–309 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Correctional Services 20
Section 7–310 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2024 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Correctional Services 25
Section 7–801 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 1123
BY repealing and reenacting, without amendments, 1
Article – State Government 2
Section 9–3201 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Government 7
Section 9–3207(b) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Correctional Services 13
7–309. 14
(a) This section applies to any incarcerated individual who is sentenced to a term 15
of incarceration for which all sentences being served, including any life sentence, are with 16
the possibility of parole. 17
(b) An incarcerated individual who is so chronically debilitated or incapacitated 18
by a medical or mental health condition, disease, or syndrome as to be physically incapable 19
of presenting a danger to society may be released on medical parole at any time during the 20
term of that incarcerated individual’s sentence, without regard to the eligibility standards 21
specified in § 7–301 of this subtitle. 22
(c) (1) A request for a medical parole under this section may be filed with the 23
Maryland Parole Commission by: 24
(i) the incarcerated individual seeking the medical parole; 25
(ii) an attorney; 26
(iii) a prison official or employee; 27
(iv) a medical professional; 28
(v) a family member; or 29
(vi) any other person. 30
(2) The request shall be in writing and shall articulate the grounds that 31
support the appropriateness of granting the medical parole. 32 HOUSE BILL 1123 3
(d) Following review of the request, the Commission may: 1
(1) find the request to be inconsistent with the best interests of public 2
safety and take no further action; or 3
(2) request that department or local correctional facility personnel provide 4
information for formal consideration of parole release. 5
(e) The information to be considered by the Commission before granting medical 6
parole shall, at a minimum, include: 7
(1) (i) a recommendation by the medical professional treating the 8
incarcerated individual under contract with the Department or local correctional facility; 9
or 10
(ii) if requested by an individual identified in subsection (c)(1) of this 11
section, one medical evaluation conducted at no cost to the incarcerated individual by a 12
medical professional who is independent from the Division of Correction or local 13
correctional facility; 14
(2) the incarcerated individual’s medical information, including: 15
(i) a description of the incarcerated individual’s condition, disease, 16
or syndrome; 17
(ii) a prognosis concerning the likelihood of recovery from the 18
condition, disease, or syndrome; 19
(iii) a description of the incarcerated individual’s physical incapacity 20
and score on the Karnofsky Performance Scale Index or similar classification of physical 21
impairment; and 22
(iv) a mental health evaluation, where relevant; 23
(3) discharge information, including: 24
(i) availability of treatment or professional services within the 25
community; 26
(ii) family support within the community; and 27
(iii) housing availability, including hospital or hospice care; and 28
(4) case management information, including: 29
(i) the circumstances of the current offense; 30 4 HOUSE BILL 1123
(ii) institutional history; 1
(iii) pending charges, sentences in other jurisdictions, and any other 2
detainers; and 3
(iv) criminal history information. 4
(f) The Commission may require as a condition of release on medical parole that: 5
(1) the parolee agree to placement for a definite or indefinite period of time 6
in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 7
condition, including the family home of the parolee, as specified by the Commission or the 8
supervising agent; and 9
(2) the parolee forward authentic copies of applicable medical records to 10
indicate that the particular medical condition giving rise to the release continues to exist. 11
(g) (1) If the Commission has reason to believe that a parolee is no longer so 12
debilitated or incapacitated as to be physically incapable of presenting a danger to society, 13
the parolee shall be returned to the custody of the Division of Correction or the local 14
correctional facility from which the incarcerated individual was released. 15
(2) (i) A parole hearing for a parolee returned to custody shall be held 16
to consider whether the parolee remains incapacitated and shall be heard promptly. 17
(ii) A parolee returned to custody under this subsection shall be 18
maintained in custody, if the incapacitation is found to no longer exist. 19
(3) An incarcerated individual whose medical parole is revoked for lack of 20
continued incapacitation may be considered for parole in accordance with the eligibility 21
requirements specified in § 7–301 of this subtitle. 22
(h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 23
victim notification and opportunity to be heard shall apply to proceedings relating to 24
medical parole. 25
(2) In cases of imminent death, time limits relating to victim notification 26
and opportunity to be heard may be reduced or waived in the discretion of the Commission. 27
(i) [(1) If the Commission decides to grant medical parole to an incarcerated 28
individual sentenced to life imprisonment, the decision shall be transmitted to the 29
Governor. 30
(2) The Governor may disapprove the decision by written transmittal to 31
the Commission. 32
HOUSE BILL 1123 5
(3) If the Governor does not disapprove the decision within 180 days after 1
receipt of the written transmittal, the decision becomes effective. 2
(j)] The Commission shall issue regulations to implement the provisions of this 3
section. 4
7–310. 5
(A) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBMIT TO THE 6
COMMISSION THE NAMES OF EACH INCARCERATED IN DIVIDUAL WHO : 7
(1) IS AT LEAST 60 YEARS OLD; 8
(2) HAS BEEN INCARCERATE D FOR A CONTINUOUS PERIOD OF AT 9
LEAST 20 YEARS; 10
(3) HAS HAD NO MAJOR DIS CIPLINARY INFRACTION S WITHIN THE 11
PREVIOUS 3–YEAR PERIOD; AND 12
(4) IS NOT SERVING A SENTENCE OF LIFE WIT HOUT THE POSSIBILITY 13
OF PAROLE. 14
(B) WITHIN 60 DAYS OF RECEIPT OF A NAME OF AN INCARCERATED 15
INDIVIDUAL UNDER SUBSECTION (A) OF THIS SECTION , THE COMMISSION SHALL 16
CONDUCT A RISK ASSES SMENT FOR THE INCARC ERATED INDIVIDUAL . 17
(C) ON COMPLETION OF THE RISK ASSESSMENT , THE COMMISSION SHALL 18
CONDUCT A PAROLE REL EASE HEARING UNDER § 7–306 OR § 7–307 OF THIS 19
SUBTITLE AND DETERMI NE WHETHER THE INCAR CERATED INDIVIDUAL I S SUITABLE 20
FOR PAROLE. 21
7–801. 22
(a) (1) In this subtitle the following words have the meanings indicated. 23
(2) “Victim” has the meaning stated in § 11–104 of the Criminal Procedure 24
Article. 25
(3) “Victim’s representative” has the meaning stated in § 11–104 of the 26
Criminal Procedure Article. 27
(b) (1) At least 90 days before an incarcerated individual’s parole release 28
hearing, the Department shall notify the victim or the victim’s representative in writing, 29
directed to the most current address on file, that the parole release hearing has been 30
scheduled if: 31 6 HOUSE BILL 1123
(i) the victim or the victim’s representative filed a notification 1
request form under § 11–104 of the Criminal Procedure Article; or 2
(ii) the victim makes a written request to the Department for 3
notification and maintains a current address on file with the Department. 4
(2) The victim may designate in writing to the Department the name and 5
address of a representative who is a resident of the State to receive notice for the victim. 6
(c) (1) Not later than 30 days after the date of the Department’s notice under 7
subsection (b) of this section, the victim of a crime may submit to the Department a written 8
request that the Division of Parole and Probation be required to complete an updated victim 9
impact statement. 10
(2) If the victim submits a request as authorized by paragraph (1) of this 11
subsection, the Department shall direct the Division of Parole and Probation to: 12
(i) complete the updated statement at least 30 days before the 13
parole release hearing; and 14
(ii) send promptly the updated victim impact statement to the 15
Commission. 16
(d) A victim may: 17
(1) at least 30 days before the parole release hearing: 18
(i) make a written recommendation to the Commission on the 19
advisability of releasing the incarcerated individual on parole; and 20
(ii) request that the incarcerated individual be prohibited from 21
having any contact with the victim as a condition of parole, mandatory supervision, work 22
release, or other administrative release; and 23
(2) request a meeting with a commissioner. 24
(e) The Commission shall make an updated victim impact statement and a 25
victim’s written recommendation available for review by the incarcerated individual or the 26
incarcerated individual’s representative under § 7–303(b) of this title. 27
(f) The Commission shall consider an updated victim impact statement or 28
victim’s written recommendation at the parole release hearing. 29
(g) If a victim requested an open hearing under § 7–304 of this title, the victim 30
may present oral testimony at the incarcerated individual’s parole release hearing in a 31
manner established in regulations adopted by the Commission. 32 HOUSE BILL 1123 7
(h) The Department shall notify promptly the victim or the victim’s 1
representative of the decision of the Commission regarding parole for the incarcerated 2
individual. 3
Article – State Government 4
9–3201. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Board” means the Justice Reinvestment Oversight Board. 7
(c) “Executive Director” means the Executive Director of the Governor’s Office of 8
Crime Prevention and Policy. 9
(d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 10
of this subtitle. 11
9–3207. 12
(b) (1) In collaboration with the Department of Public Safety and Correctional 13
Services, the Board shall determine the annual savings from the implementation of the 14
recommendations of the Justice Reinvestment Coordinating Council based on the 15
difference between the prison population as measured on October 1, 2017, the baseline day, 16
and the prison population as measured on October 1, 2018, the comparison day, and the 17
variable cost of incarceration. 18
(2) If the prison population on the comparison day is less than the prison 19
population on the baseline day, the Board shall determine a savings based on the difference 20
in the prison population multiplied by the variable cost. 21
(3) The Board annually shall determine the difference between the prison 22
population on October 1, 2017, and the prison population on October 1 of the current year 23
and calculate any savings in accordance with paragraph (2) of this subsection. 24
(4) If a prison population decline causes a correctional unit, wing, or facility 25
to close, the Board shall conduct an assessment to determine the savings from the closure 26
and distribute the savings, realized annually, according to the schedule in paragraph (5) of 27
this subsection. 28
(5) The Board annually shall recommend that the savings identified in 29
paragraphs (2) through (4) of this subsection be distributed as follows: 30
(i) up to 50% of the savings shall be placed in the Performance 31
Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 32
8 HOUSE BILL 1123
(ii) subject to paragraph (6) of this subsection, the remaining savings 1
shall be used for additional services identified as reinvestment priorities in the Justice 2
Reinvestment Coordinating Council’s Final Report. 3
(6) The Board may recommend that a portion of the remaining savings 4
identified under paragraph (5)(ii) of this subsection be: 5
(i) used for the development and implementation of a 6
post–secondary education and workforce training program for each correctional institution 7
in the Division of Correction that provides incarcerated individuals with the requisite 8
training, certifications, and experience to obtain careers in in–demand job sectors; [or] 9
(ii) for fiscal year 2025 only, distributed to the Office of the 10
Correctional Ombudsman; OR 11
(III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 12
FOR THE PURPOSE OF HIRING PSYCHOLOGI STS TO PERFORM RISK ASSESSMENTS OF 13
CANDIDATES FOR ELDER PAROLE UNDER § 7–310 OF THE CORRECTIONAL SERVICES 14
ARTICLE. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17