Maryland 2025 2025 Regular Session

Maryland House Bill HB1123 Engrossed / Bill

Filed 03/13/2025

                     
 
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. 
          *hb1123*  
  
HOUSE BILL 1123 
E5   	5lr3080 
      
By: Delegates Bartlett and Charkoudian , Charkoudian, Crutchfield, Embry, 
Simmons, Phillips, Stinnett, Taylor, Simpson, Conaway, Kaufman, and 
Williams 
Introduced and read first time: February 5, 2025 
Assigned to: Judiciary 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 3, 2025 
 
CHAPTER ______ 
 
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; altering how the Commission 5 
evaluates a request for medical parole, including providing for a meeting between 6 
the incarcerated individual and the Commission under certain circumstances; 7 
requiring the Department of Public Safety and Correctional Services to submit to the 8 
Commission the names of certain individuals at a certain time; requiring the 9 
Commission to conduct a risk assessment for a certain individual at a certain time; 10 
requiring the Commission to conduct a certain parole release hearing and determine 11 
whether a certain incarcerated individual is suitable for parole at a certain time; 12 
authorizing the Justice Reinvestment Oversight Board to recommend that a portion 13 
of certain savings be distributed to the Commission for a certain purpose; and 14 
generally relating to medical and elder parole. 15 
 
BY repealing and reenacting, with amendments, 16 
 Article – Correctional Services 17 
Section 7–309 18 
 Annotated Code of Maryland 19 
 (2017 Replacement Volume and 2024 Supplement) 20 
 
BY adding to 21  2 	HOUSE BILL 1123  
 
 
 Article – Correctional Services 1 
Section 7–310 2 
 Annotated Code of Maryland 3 
 (2017 Replacement Volume and 2024 Supplement) 4 
 
BY repealing and reenacting, without amendments, 5 
 Article – Correctional Services 6 
Section 7–801 7 
 Annotated Code of Maryland 8 
 (2017 Replacement Volume and 2024 Supplement) 9 
 
BY repealing and reenacting, without amendments, 10 
 Article – State Government 11 
Section 9–3201 12 
 Annotated Code of Maryland 13 
 (2021 Replacement Volume and 2024 Supplement) 14 
 
BY repealing and reenacting, with amendments, 15 
 Article – State Government 16 
Section 9–3207(b) 17 
 Annotated Code of Maryland 18 
 (2021 Replacement Volume and 2024 Supplement) 19 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 
That the Laws of Maryland read as follows: 21 
 
Article – Correctional Services 22 
 
7–309. 23 
 
 (a) This section applies to any incarcerated individual who is sentenced to a term 24 
of incarceration for which all sentences being served, including any life sentence, are with 25 
the possibility of parole. 26 
 
 (b) An incarcerated individual who is so chronically debilitated or incapacitated 27 
by a medical or mental health condition, disease, or syndrome as to be physically incapable 28 
of presenting a danger to society may be released on medical parole at any time during the 29 
term of that incarcerated individual’s sentence, without regard to the eligibility standards 30 
specified in § 7–301 of this subtitle. 31 
 
 (c) (1) A request for a medical parole under this section may be filed with the 32 
Maryland Parole Commission by: 33 
 
 (i) the incarcerated individual seeking the medical parole; 34 
 
 (ii) an attorney; 35 
   	HOUSE BILL 1123 	3 
 
 
 (iii) a prison official or employee; 1 
 
 (iv) a medical professional; 2 
 
 (v) a family member; or 3 
 
 (vi) any other person. 4 
 
 (2) The request shall be in writing and shall articulate the grounds that 5 
support the appropriateness of granting the medical parole. 6 
 
 (d) Following review of the request, the Commission may: 7 
 
 (1) find the request to be inconsistent with the best interests of public 8 
safety and take no further action; or 9 
 
 (2) request that department or local correctional facility personnel provide 10 
information for formal consideration of parole release. 11 
 
 (e) The information to be considered by the Commission before granting medical 12 
parole shall, at a minimum, include: 13 
 
 (1) (i) a recommendation by the medical professional treating the 14 
incarcerated individual under contract with the Department or local correctional facility; 15 
or 16 
 
 (ii) if requested by an individual identified in subsection (c)(1) of this 17 
section, one medical evaluation conducted at no cost to the incarcerated individual by a 18 
medical professional who is independent from the Division of Correction or local 19 
correctional facility; 20 
 
 (2) the incarcerated individual’s medical information, including: 21 
 
 (i) a description of the incarcerated individual’s condition, disease, 22 
or syndrome; 23 
 
 (ii) a prognosis concerning the likelihood of recovery from the 24 
condition, disease, or syndrome; 25 
 
 (iii) a description of the incarcerated individual’s physical incapacity 26 
and score on the Karnofsky Performance Scale Index or similar classification of physical 27 
impairment; and 28 
 
 (iv) a mental health evaluation, where relevant; 29 
 
 (3) discharge information, including: 30 
  4 	HOUSE BILL 1123  
 
 
 (i) availability of treatment or professional services within the 1 
community; 2 
 
 (ii) family support within the community; and 3 
 
 (iii) housing availability, including hospital or hospice care; and 4 
 
 (4) case management information, including: 5 
 
 (i) the circumstances of the current offense; 6 
 
 (ii) institutional history; 7 
 
 (iii) pending charges, sentences in other jurisdictions, and any other 8 
detainers; and 9 
 
 (iv) criminal history information. 10 
 
 (f) The Commission may require as a condition of release on medical parole that: 11 
 
 (1) the parolee agree to placement for a definite or indefinite period of time 12 
in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 13 
condition, including the family home of the parolee, as specified by the Commission or the 14 
supervising agent; and 15 
 
 (2) the parolee forward authentic copies of applicable medical records to 16 
indicate that the particular medical condition giving rise to the release continues to exist. 17 
 
 (g) (1) If the Commission has reason to believe that a parolee is no longer so 18 
debilitated or incapacitated as to be physically incapable of presenting a danger to society, 19 
the parolee shall be returned to the custody of the Division of Correction or the local 20 
correctional facility from which the incarcerated individual was released. 21 
 
 (2) (i) A parole hearing for a parolee returned to custody shall be held 22 
to consider whether the parolee remains incapacitated and shall be heard promptly. 23 
 
 (ii) A parolee returned to custody under this subsection shall be 24 
maintained in custody, if the incapacitation is found to no longer exist. 25 
 
 (3) An incarcerated individual whose medical parole is revoked for lack of 26 
continued incapacitation may be considered for parole in accordance with the eligibility 27 
requirements specified in § 7–301 of this subtitle. 28 
 
 (h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 29 
victim notification and opportunity to be heard shall apply to proceedings relating to 30 
medical parole. 31 
   	HOUSE BILL 1123 	5 
 
 
 (2) In cases of imminent death, time limits relating to victim notification 1 
and opportunity to be heard may be reduced or waived in the discretion of the Commission. 2 
 
 (i) [(1) If the Commission decides to grant medical parole to an incarcerated 3 
individual sentenced to life imprisonment, the decision shall be transmitted to the 4 
Governor. 5 
 
 (2) The Governor may disapprove the decision by written transmittal to 6 
the Commission. 7 
 
 (3) If the Governor does not disapprove the decision within 180 days after 8 
receipt of the written transmittal, the decision becomes effective. 9 
 
 (j)] The Commission shall issue regulations to implement the provisions of this 10 
section. 11 
 
 (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12 
INDICATED. 13 
 
 (2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 14 
HAVING A DIAGNOSABLE MEDICAL CONDITION TH AT IS UNLIKELY TO IM PROVE IN 15 
THE FUTURE AND SUBST ANTIALLY DIMINISHES THE ABILITY OF THE I NDIVIDUAL TO 16 
PROVIDE SELF–CARE. 17 
 
 (II) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” 18 
INCLUDES CONDITIONS SUCH AS DEMENTI A OR A SEVERE, PERMANENT MEDICAL OR 19 
COGNITIVE DISABILITY IF THE CONDITION SUB STANTIALLY DIMINISHE S THE 20 
ABILITY OF THE INDIV IDUAL TO PROVIDE SEL F–CARE. 21 
 
 (3) “TERMINAL ILLNESS ” MEANS A DISEASE OR C ONDITION WITH AN 22 
END–OF–LIFE TRAJECTORY . 23 
 
 (B) This section applies to any incarcerated individual who is sentenced to a term 24 
of incarceration for which all sentences being served, including any life sentence, are with 25 
the possibility of parole. 26 
 
 [(b)] (C) An incarcerated individual [who is so chronically debilitated or 27 
incapacitated by a medical or mental health condition, disease, or syndrome as to be 28 
physically incapable of presenting a danger to society] may be released on medical parole 29 
at any time during the term of that incarcerated individual’s sentence, without regard to 30 
the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED PHYSIC IAN 31 
HAS DETERMINED THAT THE INCARCERATED IND IVIDUAL: 32 
 
 (1) (I) IS CHRONICALLY DEBIL ITATED OR INCAPACITA TED; OR 33 
  6 	HOUSE BILL 1123  
 
 
 (II) SUFFERS FROM A TERMI NAL ILLNESS; AND 1 
 
 (2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 2 
HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; AND 3 
 
 (II) 1. HAS BEEN RENDERED PH YSICALLY INCAPABLE O F 4 
PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 5 
CONDITION, DISEASE, OR SYNDROME ; OR 6 
 
 2. IS NO LONGER A DANGE R TO PUBLIC SAFETY . 7 
 
 (D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 8 
BEFORE GRANTING MEDI CAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 9 
 
 (I) 1. A RECOMMENDATION BY 	THE MEDICAL 10 
PROFESSIONAL TREATING THE INCARCE RATED INDIVIDUAL UND ER CONTRACT 11 
WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 12 
 
 2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 13 
SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 14 
NO COST TO THE INCAR CERATED INDIVIDUAL BY A LI CENSED PHYSICIAN WHO IS 15 
INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 16 
FACILITY; 17 
 
 (II) THE INCARCERATED IND	IVIDUAL’S MEDICAL 18 
INFORMATION , INCLUDING: 19 
 
 1. A DESCRIPTION OF THE INCARCERATED 20 
INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 21 
 
 2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 22 
RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 23 
 
 3. A DESCRIPTION OF THE INCARCERATED 24 
INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 25 
 
 4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 26 
 
 (III) DISCHARGE INFORMATIO N, INCLUDING: 27 
 
 1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 28 
SERVICES WITHIN THE COMMUNITY ; 29 
 
 2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 30   	HOUSE BILL 1123 	7 
 
 
 
 3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 1 
HOSPICE CARE ; AND 2 
 
 (IV) CASE MANAGEMENT INFORMATI ON, INCLUDING: 3 
 
 1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 4 
 
 2. INSTITUTIONAL HISTOR Y; 5 
 
 3. PENDING CHARGES , SENTENCES IN OTHER 6 
JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 7 
 
 4. CRIMINAL HISTORY INF ORMATION. 8 
 
 (2) IF A MEDICAL EVALUATION I S REQUESTED UNDER PA RAGRAPH 9 
(1)(I)2 OF THIS SUBSECTION : 10 
 
 (I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 11 
EXAMINATION OF THE I NCARCERATED INDIVIDU AL; AND 12 
 
 (II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 13 
THE FINDINGS OF THE EVALUATION AND ANY M EDICAL CONDITION DET AILED IN 14 
THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 15 
 
 [(c)] (E) (1) A request for a medical parole under this section may be filed 16 
with the Maryland Parole Commission by: 17 
 
 (i) the incarcerated individual seeking the medical parole; 18 
 
 (ii) an attorney; 19 
 
 (iii) a prison official or employee; 20 
 
 (iv) a medical professional; 21 
 
 (v) a family member; or 22 
 
 (vi) any other person. 23 
 
 (2) The request shall be in writing and shall articulate the grounds that 24 
support the appropriateness of granting the medical parole. 25 
 
 (F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 26 
INDIVIDUAL’S REPRESENTATIVE MAY REQUEST A MEETING WI TH THE COMMISSION. 27  8 	HOUSE BILL 1123  
 
 
 
 (2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 1 
THIS SUBSECTION : 2 
 
 (I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 3 
MEETING FOR ANY INCA RCERATED INDIVIDUAL : 4 
 
 1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 5 
FACILITY; 6 
 
 2. CURRENTLY HOSPITALIZ ED OUTSIDE A 7 
CORRECTIONAL FACILIT Y; OR 8 
 
 3. WHO HAS BEEN FREQUEN	TLY HOUSED IN AN 9 
INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 10 
CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND  11 
 
 (II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 12 
REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DOES N OT 13 
MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 14 
 
 [(d)] (G) Following review of the request, the Commission may: 15 
 
 (1) find the request to be inconsistent with the best interests of public 16 
safety and take no further action; or 17 
 
 (2) request that [department] DEPARTMENT or local correctional facility 18 
personnel provide information for formal consideration of parole release. 19 
 
 [(e) The information to be considered by the Commission before granting medical 20 
parole shall, at a minimum, include: 21 
 
 (1) (i) a recommendation by the medical professional treating the 22 
incarcerated individual under contract with the Department or local correctional facility; 23 
or 24 
 
 (ii) if requested by an individual identified in subsection (c)(1) of this 25 
section, one medical evaluation conducted at no cost to the incarcerated individual by a 26 
medical professional who is independent from the Division of Correction or local 27 
correctional facility; 28 
 
 (2) the incarcerated individual’s medical information, including: 29 
 
 (i) a description of the incarcerated individual’s condition, disease, 30 
or syndrome; 31 
   	HOUSE BILL 1123 	9 
 
 
 (ii) a prognosis concerning the likelihood of recovery from the 1 
condition, disease, or syndrome; 2 
 
 (iii) a description of the incarcerated individual’s physical incapacity 3 
and score on the Karnofsky Performance Scale Index or similar classification of physical 4 
impairment; and 5 
 
 (iv) a mental health evaluation, where relevant; 6 
 
 (3) discharge information, including: 7 
 
 (i) availability of treatment or professional services within the 8 
community; 9 
 
 (ii) family support within the community; and 10 
 
 (iii) housing availability, including hospital or hospice care; and 11 
 
 (4) case management information, including: 12 
 
 (i) the circumstances of the current offense; 13 
 
 (ii) institutional history; 14 
 
 (iii) pending charges, sentences in other jurisdictions, and any other 15 
detainers; and 16 
 
 (iv) criminal history information.] 17 
 
 [(f)] (H) The Commission may require as a condition of release on medical parole 18 
that: 19 
 
 (1) the parolee agree to placement for a definite or indefinite period of time 20 
[in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDER AND IN 21 
A housing accommodation suitable to the parolee’s medical condition, including the family 22 
home of the parolee, as specified by the Commission or the 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)] (I) (1) If the Commission has reason to believe that a parolee is no 26 
longer so debilitated or incapacitated as to be physically incapable of presenting a danger 27 
to society, the parolee shall be returned to the custody of the Division of Correction or the 28 
local correctional facility from which the incarcerated individual was released. 29 
 
 (2) (i) A parole hearing for a parolee returned to custody shall be held 30 
to consider whether the parolee remains incapacitated and shall be heard promptly. 31  10 	HOUSE BILL 1123  
 
 
 
 (ii) A parolee returned to custody under this subsection shall be 1 
maintained in custody, if the incapacitation is found to no longer exist. 2 
 
 (3) An incarcerated individual whose medical parole is revoked for lack of 3 
continued incapacitation may be considered for parole in accordance with the eligibility 4 
requirements specified in § 7–301 of this subtitle. 5 
 
 [(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 6 
THAT IS LIKELY TO OC CUR WITHIN 6 MONTHS. 7 
 
 (2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 8 
relating to victim notification and opportunity to be heard shall apply to proceedings 9 
relating to medical parole. 10 
 
 [(2)] (3) In cases of imminent death, time limits relating to victim 11 
notification and opportunity to be heard may be reduced or waived in the discretion of the 12 
Commission. 13 
 
 [(i) (1) If the Commission decides to grant medical parole to an incarcerated 14 
individual sentenced to life imprisonment, the decision shall be transmitted to the 15 
Governor. 16 
 
 (2) The Governor may disapprove the decision by written transmittal to 17 
the Commission. 18 
 
 (3) If the Governor does not disapprove the decision within 180 days after 19 
receipt of the written transmittal, the decision becomes effective.] 20 
 
 [(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 21 
provisions of this section.  22 
 
7–310. 23 
 
 (A) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 24 
COMMISSION THE NAMES OF EACH INCARCERATED INDIVIDUAL WHO : 25 
 
 (1) IS AT LEAST 60 YEARS OLD; 26 
 
 (2) HAS BEEN INCARCERATE D FOR A CONTINUOUS P ERIOD OF AT 27 
LEAST 20 YEARS; 28 
 
 (3) HAS HAD NO MAJOR DIS CIPLINARY INFRACTION S WITHIN THE 29 
PREVIOUS 3–YEAR PERIOD; AND 30 
   	HOUSE BILL 1123 	11 
 
 
 (4) IS NOT SERVING A SEN TENCE OF LIFE WITHOU T THE POSSIBILITY 1 
OF PAROLE. 2 
 
 (B) WITHIN 60 DAYS OF RECEIPT OF A NAME OF AN INCARCERA TED 3 
INDIVIDUAL UNDER SUB SECTION (A) OF THIS SECTION , THE COMMISSION SHALL 4 
CONDUCT A RISK ASSES SMENT FOR THE INCARC ERATED INDIVIDUAL . 5 
 
 (C) ON COMPLETION OF THE RISK ASSESSMENT , THE COMMISSION SHALL 6 
CONDUCT A PAROLE RELEASE H EARING UNDER § 7–306 OR § 7–307 OF THIS 7 
SUBTITLE AND DETERMI NE WHETHER THE INCAR CERATED INDIVIDUAL I S SUITABLE 8 
FOR PAROLE. 9 
 
7–801. 10 
 
 (a) (1) In this subtitle the following words have the meanings indicated. 11 
 
 (2) “Victim” has the meaning stated in § 11–104 of the Criminal Procedure 12 
Article. 13 
 
 (3) “Victim’s representative” has the meaning stated in § 11–104 of the 14 
Criminal Procedure Article. 15 
 
 (b) (1) At least 90 days before an incarcerated individual’s parole release 16 
hearing, the Department shall notify the victim or the victim’s representative in writing, 17 
directed to the most current address on file, that the parole release hearing has been 18 
scheduled if: 19 
 
 (i) the victim or the victim’s representative filed a notification 20 
request form under § 11–104 of the Criminal Procedure Article; or 21 
 
 (ii) the victim makes a written request to the Department for 22 
notification and maintains a current address on file with the Department. 23 
 
 (2) The victim may designate in writing to the Department the name and 24 
address of a representative who is a resident of the State to receive notice for the victim. 25 
 
 (c) (1) Not later than 30 days after the date of the Department’s notice under 26 
subsection (b) of this section, the victim of a crime may submit to the Department a written 27 
request that the Division of Parole and Probation be required to complete an updated victim 28 
impact statement. 29 
 
 (2) If the victim submits a request as authorized by paragraph (1) of this 30 
subsection, the Department shall direct the Division of Parole and Probation to: 31 
 
 (i) complete the updated statement at least 30 days before the 32 
parole release hearing; and 33  12 	HOUSE BILL 1123  
 
 
 
 (ii) send promptly the updated victim impact statement to the 1 
Commission. 2 
 
 (d) A victim may: 3 
 
 (1) at least 30 days before the parole release hearing: 4 
 
 (i) make a written recommendation to the Commission on the 5 
advisability of releasing the incarcerated individual on parole; and 6 
 
 (ii) request that the incarcerated individual be prohibited from 7 
having any contact with the victim as a condition of parole, mandatory supervision, work 8 
release, or other administrative release; and 9 
 
 (2) request a meeting with a commissioner. 10 
 
 (e) The Commission shall make an updated victim impact statement and a 11 
victim’s written recommendation available for review by the incarcerated individual or the 12 
incarcerated individual’s representative under § 7–303(b) of this title. 13 
 
 (f) The Commission shall consider an updated victim impact statement or 14 
victim’s written recommendation at the parole release hearing. 15 
 
 (g) If a victim requested an open hearing under § 7–304 of this title, the victim 16 
may present oral testimony at the incarcerated individual’s parole release hearing in a 17 
manner established in regulations adopted by the Commission. 18 
 
 (h) The Department shall notify promptly the victim or the victim’s 19 
representative of the decision of the Commission regarding parole for the incarcerated 20 
individual. 21 
 
Article – State Government 22 
 
9–3201. 23 
 
 (a) In this subtitle the following words have the meanings indicated. 24 
 
 (b) “Board” means the Justice Reinvestment Oversight Board. 25 
 
 (c) “Executive Director” means the Executive Director of the Governor’s Office of 26 
Crime Prevention and Policy. 27 
 
 (d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 28 
of this subtitle. 29 
 
9–3207. 30   	HOUSE BILL 1123 	13 
 
 
 
 (b) (1) In collaboration with the Department of Public Safety and Correctional 1 
Services, the Board shall determine the annual savings from the implementation of the 2 
recommendations of the Justice Reinvestment Coordinating Council based on the 3 
difference between the prison population as measured on October 1, 2017, the baseline day, 4 
and the prison population as measured on October 1, 2018, the comparison day, and the 5 
variable cost of incarceration. 6 
 
 (2) If the prison population on the comparison day is less than the prison 7 
population on the baseline day, the Board shall determine a savings based on the difference 8 
in the prison population multiplied by the variable cost. 9 
 
 (3) The Board annually shall determine the difference between the prison 10 
population on October 1, 2017, and the prison population on October 1 of the current year 11 
and calculate any savings in accordance with paragraph (2) of this subsection. 12 
 
 (4) If a prison population decline causes a correctional unit, wing, or facility 13 
to close, the Board shall conduct an assessment to determine the savings from the closure 14 
and distribute the savings, realized annually, according to the schedule in paragraph (5) of 15 
this subsection. 16 
 
 (5) The Board annually shall recommend that the savings identified in 17 
paragraphs (2) through (4) of this subsection be distributed as follows: 18 
 
 (i) up to 50% of the savings shall be placed in the Performance 19 
Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 20 
 
 (ii) subject to paragraph (6) of this subsection, the remaining savings 21 
shall be used for additional services identified as reinvestment priorities in the Justice 22 
Reinvestment Coordinating Council’s Final Report. 23 
 
 (6) The Board may recommend that a portion of the remaining savings 24 
identified under paragraph (5)(ii) of this subsection be: 25 
 
 (i) used for the development and implementation of a 26 
post–secondary education and workforce training program for each correctional institution 27 
in the Division of Correction that provides incarcerated individuals with the requisite 28 
training, certifications, and experience to obtain careers in in–demand job sectors; [or] 29 
 
 (ii) for fiscal year 2025 only, distributed to the Office of the 30 
Correctional Ombudsman; OR 31 
 
 (III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 32 
FOR THE PURPOSE OF H IRING PSYCHOLOGISTS TO PERFORM RISK ASSE SSMENTS OF 33 
CANDIDATES FOR ELDER PAROLE UNDER § 7–310 OF THE CORRECTIONAL SERVICES 34 
ARTICLE. 35  14 	HOUSE BILL 1123  
 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 
October 1, 2025.  2 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.