| 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 | Underlining indicates amendments to bill. | |
| 6 | 6 | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | 7 | amendment. | |
| 8 | - | Italics indicate opposite chamber/conference committee amendments. | |
| 9 | 8 | *hb1123* | |
| 10 | 9 | ||
| 11 | 10 | HOUSE BILL 1123 | |
| 12 | - | E5 (5lr3080) | |
| 13 | - | ENROLLED BILL | |
| 14 | - | — Judiciary/Judicial Proceedings — | |
| 15 | - | Introduced by Delegates Bartlett and Charkoudian, Charkoudian, Crutchfield, | |
| 16 | - | Embry, Simmons, Phillips, Stinnett, Taylor, Simpson, Conaway, Kaufman, | |
| 17 | - | and Williams | |
| 11 | + | E5 5lr3080 | |
| 18 | 12 | ||
| 19 | - | Read and Examined by Proofreaders: | |
| 20 | - | ||
| 21 | - | _______________________________________________ | |
| 22 | - | Proofreader. | |
| 23 | - | _______________________________________________ | |
| 24 | - | Proofreader. | |
| 25 | - | ||
| 26 | - | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 27 | - | ||
| 28 | - | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 29 | - | ||
| 30 | - | ______________________________________________ | |
| 31 | - | Speaker. | |
| 13 | + | By: Delegates Bartlett and Charkoudian , Charkoudian, Crutchfield, Embry, | |
| 14 | + | Simmons, Phillips, Stinnett, Taylor, Simpson, Conaway, Kaufman, and | |
| 15 | + | Williams | |
| 16 | + | Introduced and read first time: February 5, 2025 | |
| 17 | + | Assigned to: Judiciary | |
| 18 | + | Committee Report: Favorable with amendments | |
| 19 | + | House action: Adopted | |
| 20 | + | Read second time: March 3, 2025 | |
| 32 | 21 | ||
| 33 | 22 | CHAPTER ______ | |
| 34 | 23 | ||
| 35 | 24 | AN ACT concerning 1 | |
| 36 | 25 | ||
| 37 | - | Correctional Services – Medical and Elder | |
| 26 | + | Correctional Services – Medical and Elder Parole 2 | |
| 38 | 27 | ||
| 39 | 28 | FOR the purpose of repealing provisions relating to gubernatorial approval of a decision of 3 | |
| 40 | 29 | the Maryland Parole Commission to grant medical parole to an incarcerated 4 | |
| 41 | 30 | individual serving a term of life imprisonment; altering how the Commission 5 | |
| 42 | 31 | evaluates a request for medical parole, including providing for a meeting between 6 | |
| 43 | 32 | the incarcerated individual and the Commission under certain circumstances; 7 | |
| 44 | 33 | requiring the Department of Public Safety and Correctional Services to submit to the 8 | |
| 45 | 34 | Commission the names of certain individuals at a certain time; requiring the 9 | |
| 46 | 35 | Commission to conduct a risk assessment for a certain individual at a certain time; 10 | |
| 47 | 36 | requiring the Commission to conduct a certain parole release hearing and determine 11 | |
| 48 | 37 | whether a certain incarcerated individual is suitable for parole at a certain time; 12 | |
| 49 | - | authorizing the Justice Reinvestment Oversight Board to recommend that a portion 13 2 HOUSE BILL 1123 | |
| 38 | + | authorizing the Justice Reinvestment Oversight Board to recommend that a portion 13 | |
| 39 | + | of certain savings be distributed to the Commission for a certain purpose; and 14 | |
| 40 | + | generally relating to medical and elder parole. 15 | |
| 41 | + | ||
| 42 | + | BY repealing and reenacting, with amendments, 16 | |
| 43 | + | Article – Correctional Services 17 | |
| 44 | + | Section 7–309 18 | |
| 45 | + | Annotated Code of Maryland 19 | |
| 46 | + | (2017 Replacement Volume and 2024 Supplement) 20 | |
| 47 | + | ||
| 48 | + | BY adding to 21 2 HOUSE BILL 1123 | |
| 50 | 49 | ||
| 51 | 50 | ||
| 52 | - | of certain savings be distributed to the Commission for a certain purpose; and 1 | |
| 53 | - | generally relating to medical and elder parole requiring the Maryland Parole 2 | |
| 54 | - | Commission to consider the age of an incarcerated individual when determining 3 | |
| 55 | - | whether to grant parole; altering how the Commission evaluates a request for medical 4 | |
| 56 | - | parole, including providing for a meeting between the incarcerated individual and 5 | |
| 57 | - | the Commission under certain circumstances; requiring the Commission to develop 6 | |
| 58 | - | procedures for assessing parole requests by certain incarcerated individuals; 7 | |
| 59 | - | repealing the authorization for the Governor to disapprove of a decision by the 8 | |
| 60 | - | Commission to grant medical parole to an incarcerated individual; requiring the 9 | |
| 61 | - | Department of Public Safety and Correctional Services to submit to the Commission 10 | |
| 62 | - | the names of certain individuals at a certain time; requiring the Commission to 11 | |
| 63 | - | conduct a risk assessment for a certain individual at a certain time; requiring the 12 | |
| 64 | - | Commission to conduct a certain parole release hearing and determine whether a 13 | |
| 65 | - | certain incarcerated individual is suitable for parole at a certain time; repealing a 14 | |
| 66 | - | certain provision related to geriatric parole; authorizing the Justice Reinvestment 15 | |
| 67 | - | Oversight Board to recommend that a portion of certain savings be distributed to the 16 | |
| 68 | - | Commission for a certain purpose; and generally relating to geriatric and medical 17 | |
| 69 | - | parole. 18 | |
| 51 | + | Article – Correctional Services 1 | |
| 52 | + | Section 7–310 2 | |
| 53 | + | Annotated Code of Maryland 3 | |
| 54 | + | (2017 Replacement Volume and 2024 Supplement) 4 | |
| 70 | 55 | ||
| 71 | - | BY repealing and reenacting, | |
| 72 | - | Article – Correctional Services | |
| 73 | - | Section 7– | |
| 74 | - | Annotated Code of Maryland | |
| 75 | - | (2017 Replacement Volume and 2024 Supplement) | |
| 56 | + | BY repealing and reenacting, without amendments, 5 | |
| 57 | + | Article – Correctional Services 6 | |
| 58 | + | Section 7–801 7 | |
| 59 | + | Annotated Code of Maryland 8 | |
| 60 | + | (2017 Replacement Volume and 2024 Supplement) 9 | |
| 76 | 61 | ||
| 77 | - | BY | |
| 78 | - | Article – | |
| 79 | - | Section | |
| 80 | - | Annotated Code of Maryland | |
| 81 | - | ( | |
| 62 | + | BY repealing and reenacting, without amendments, 10 | |
| 63 | + | Article – State Government 11 | |
| 64 | + | Section 9–3201 12 | |
| 65 | + | Annotated Code of Maryland 13 | |
| 66 | + | (2021 Replacement Volume and 2024 Supplement) 14 | |
| 82 | 67 | ||
| 83 | - | BY repealing and reenacting, | |
| 84 | - | Article – | |
| 85 | - | Section | |
| 86 | - | Annotated Code of Maryland | |
| 87 | - | ( | |
| 68 | + | BY repealing and reenacting, with amendments, 15 | |
| 69 | + | Article – State Government 16 | |
| 70 | + | Section 9–3207(b) 17 | |
| 71 | + | Annotated Code of Maryland 18 | |
| 72 | + | (2021 Replacement Volume and 2024 Supplement) 19 | |
| 88 | 73 | ||
| 89 | - | BY repealing 34 | |
| 90 | - | Article – Criminal Law 35 | |
| 91 | - | Section 14–101(f) 36 | |
| 92 | - | Annotated Code of Maryland 37 | |
| 93 | - | (2021 Replacement Volume and 2024 Supplement) 38 | |
| 74 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 75 | + | That the Laws of Maryland read as follows: 21 | |
| 94 | 76 | ||
| 95 | - | BY repealing and reenacting, without amendments, 39 | |
| 96 | - | Article – State Government 40 | |
| 97 | - | Section 9–3201 41 | |
| 98 | - | Annotated Code of Maryland 42 HOUSE BILL 1123 3 | |
| 77 | + | Article – Correctional Services 22 | |
| 78 | + | ||
| 79 | + | 7–309. 23 | |
| 80 | + | ||
| 81 | + | (a) This section applies to any incarcerated individual who is sentenced to a term 24 | |
| 82 | + | of incarceration for which all sentences being served, including any life sentence, are with 25 | |
| 83 | + | the possibility of parole. 26 | |
| 84 | + | ||
| 85 | + | (b) An incarcerated individual who is so chronically debilitated or incapacitated 27 | |
| 86 | + | by a medical or mental health condition, disease, or syndrome as to be physically incapable 28 | |
| 87 | + | of presenting a danger to society may be released on medical parole at any time during the 29 | |
| 88 | + | term of that incarcerated individual’s sentence, without regard to the eligibility standards 30 | |
| 89 | + | specified in § 7–301 of this subtitle. 31 | |
| 90 | + | ||
| 91 | + | (c) (1) A request for a medical parole under this section may be filed with the 32 | |
| 92 | + | Maryland Parole Commission by: 33 | |
| 93 | + | ||
| 94 | + | (i) the incarcerated individual seeking the medical parole; 34 | |
| 95 | + | ||
| 96 | + | (ii) an attorney; 35 | |
| 97 | + | HOUSE BILL 1123 3 | |
| 99 | 98 | ||
| 100 | 99 | ||
| 101 | - | ( | |
| 100 | + | (iii) a prison official or employee; 1 | |
| 102 | 101 | ||
| 103 | - | BY repealing and reenacting, with amendments, 2 | |
| 104 | - | Article – State Government 3 | |
| 105 | - | Section 9–3207(b) 4 | |
| 106 | - | Annotated Code of Maryland 5 | |
| 107 | - | (2021 Replacement Volume and 2024 Supplement) 6 | |
| 102 | + | (iv) a medical professional; 2 | |
| 108 | 103 | ||
| 109 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 | |
| 110 | - | That the Laws of Maryland read as follows: 8 | |
| 104 | + | (v) a family member; or 3 | |
| 111 | 105 | ||
| 112 | - | ||
| 106 | + | (vi) any other person. 4 | |
| 113 | 107 | ||
| 114 | - | 7–305. 10 | |
| 108 | + | (2) The request shall be in writing and shall articulate the grounds that 5 | |
| 109 | + | support the appropriateness of granting the medical parole. 6 | |
| 115 | 110 | ||
| 116 | - | Each hearing examiner and commissioner determining whether an incarcerated 11 | |
| 117 | - | individual is suitable for parole, and the Commission before entering into a predetermined 12 | |
| 118 | - | parole release agreement, shall consider: 13 | |
| 119 | - | ||
| 120 | - | (1) the circumstances surrounding the crime; 14 | |
| 121 | - | ||
| 122 | - | (2) the physical, mental, and moral qualifications of the incarcerated 15 | |
| 123 | - | individual; 16 | |
| 124 | - | ||
| 125 | - | (3) the progress of the incarcerated individual during confinement, 17 | |
| 126 | - | including the academic progress of the incarcerated individual in the mandatory education 18 | |
| 127 | - | program required under § 22–102 of the Education Article; 19 | |
| 128 | - | ||
| 129 | - | (4) a report on a drug or alcohol evaluation that has been conducted on the 20 | |
| 130 | - | incarcerated individual, including any recommendations concerning the incarcerated 21 | |
| 131 | - | individual’s amenability for treatment and the availability of an appropriate treatment 22 | |
| 132 | - | program; 23 | |
| 133 | - | ||
| 134 | - | (5) whether, TAKING INTO ACCOUNT THE TOTALITY OF THE 24 | |
| 135 | - | CIRCUMSTANCES INCLUD ING THE AGE OF THE I NCARCERATED INDIVIDU AL, there is 25 | |
| 136 | - | reasonable probability that the incarcerated individual, if released on parole, will [remain 26 | |
| 137 | - | at liberty without violating the law] NOT RECIDIVATE ; 27 | |
| 138 | - | ||
| 139 | - | (6) whether release of the incarcerated individual on parole is compatible 28 | |
| 140 | - | with [the welfare of society] PUBLIC SAFETY ; 29 | |
| 141 | - | ||
| 142 | - | (7) an updated victim impact statement or recommendation prepared under 30 | |
| 143 | - | § 7–801 of this title; 31 | |
| 144 | - | ||
| 145 | - | (8) any recommendation made by the sentencing judge at the time of 32 | |
| 146 | - | sentencing; 33 4 HOUSE BILL 1123 | |
| 147 | - | ||
| 148 | - | ||
| 149 | - | ||
| 150 | - | (9) any information that is presented to a commissioner at a meeting with 1 | |
| 151 | - | the victim; 2 | |
| 152 | - | ||
| 153 | - | (10) any testimony presented to the Commission by the victim or the victim’s 3 | |
| 154 | - | designated representative under § 7–801 of this title; and 4 | |
| 155 | - | ||
| 156 | - | (11) compliance with the case plan developed under § 7–301.1 of this subtitle 5 | |
| 157 | - | or § 3–601 of this article. 6 | |
| 158 | - | ||
| 159 | - | 7–309. 7 | |
| 160 | - | ||
| 161 | - | (a) This section applies to any incarcerated individual who is sentenced to a term 8 | |
| 162 | - | of incarceration for which all sentences being served, including any life sentence, are with 9 | |
| 163 | - | the possibility of parole. 10 | |
| 164 | - | ||
| 165 | - | (b) An incarcerated individual who is so chronically debilitated or incapacitated 11 | |
| 166 | - | by a medical or mental health condition, disease, or syndrome as to be physically incapable 12 | |
| 167 | - | of presenting a danger to society may be released on medical parole at any time during the 13 | |
| 168 | - | term of that incarcerated individual’s sentence, without regard to the eligibility standards 14 | |
| 169 | - | specified in § 7–301 of this subtitle. 15 | |
| 170 | - | ||
| 171 | - | (c) (1) A request for a medical parole under this section may be filed with the 16 | |
| 172 | - | Maryland Parole Commission by: 17 | |
| 173 | - | ||
| 174 | - | (i) the incarcerated individual seeking the medical parole; 18 | |
| 175 | - | ||
| 176 | - | (ii) an attorney; 19 | |
| 177 | - | ||
| 178 | - | (iii) a prison official or employee; 20 | |
| 179 | - | ||
| 180 | - | (iv) a medical professional; 21 | |
| 181 | - | ||
| 182 | - | (v) a family member; or 22 | |
| 183 | - | ||
| 184 | - | (vi) any other person. 23 | |
| 185 | - | ||
| 186 | - | (2) The request shall be in writing and shall articulate the grounds that 24 | |
| 187 | - | support the appropriateness of granting the medical parole. 25 | |
| 188 | - | ||
| 189 | - | (d) Following review of the request, the Commission may: 26 | |
| 190 | - | ||
| 191 | - | (1) find the request to be inconsistent with the best interests of public 27 | |
| 192 | - | safety and take no further action; or 28 | |
| 193 | - | ||
| 194 | - | (2) request that department or local correctional facility personnel provide 29 | |
| 195 | - | information for formal consideration of parole release. 30 HOUSE BILL 1123 5 | |
| 196 | - | ||
| 197 | - | ||
| 198 | - | ||
| 199 | - | (e) The information to be considered by the Commission before granting medical 1 | |
| 200 | - | parole shall, at a minimum, include: 2 | |
| 201 | - | ||
| 202 | - | (1) (i) a recommendation by the medical professional treating the 3 | |
| 203 | - | incarcerated individual under contract with the Department or local correctional facility; 4 | |
| 204 | - | or 5 | |
| 205 | - | ||
| 206 | - | (ii) if requested by an individual identified in subsection (c)(1) of this 6 | |
| 207 | - | section, one medical evaluation conducted at no cost to the incarcerated individual by a 7 | |
| 208 | - | medical professional who is independent from the Division of Correction or local 8 | |
| 209 | - | correctional facility; 9 | |
| 210 | - | ||
| 211 | - | (2) the incarcerated individual’s medical information, including: 10 | |
| 212 | - | ||
| 213 | - | (i) a description of the incarcerated individual’s condition, disease, 11 | |
| 214 | - | or syndrome; 12 | |
| 215 | - | ||
| 216 | - | (ii) a prognosis concerning the likelihood of recovery from the 13 | |
| 217 | - | condition, disease, or syndrome; 14 | |
| 218 | - | ||
| 219 | - | (iii) a description of the incarcerated individual’s physical incapacity 15 | |
| 220 | - | and score on the Karnofsky Performance Scale Index or similar classification of physical 16 | |
| 221 | - | impairment; and 17 | |
| 222 | - | ||
| 223 | - | (iv) a mental health evaluation, where relevant; 18 | |
| 224 | - | ||
| 225 | - | (3) discharge information, including: 19 | |
| 226 | - | ||
| 227 | - | (i) availability of treatment or professional services within the 20 | |
| 228 | - | community; 21 | |
| 229 | - | ||
| 230 | - | (ii) family support within the community; and 22 | |
| 231 | - | ||
| 232 | - | (iii) housing availability, including hospital or hospice care; and 23 | |
| 233 | - | ||
| 234 | - | (4) case management information, including: 24 | |
| 235 | - | ||
| 236 | - | (i) the circumstances of the current offense; 25 | |
| 237 | - | ||
| 238 | - | (ii) institutional history; 26 | |
| 239 | - | ||
| 240 | - | (iii) pending charges, sentences in other jurisdictions, and any other 27 | |
| 241 | - | detainers; and 28 | |
| 242 | - | ||
| 243 | - | (iv) criminal history information. 29 | |
| 244 | - | 6 HOUSE BILL 1123 | |
| 245 | - | ||
| 246 | - | ||
| 247 | - | (f) The Commission may require as a condition of release on medical parole that: 1 | |
| 248 | - | ||
| 249 | - | (1) the parolee agree to placement for a definite or indefinite period of time 2 | |
| 250 | - | in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 3 | |
| 251 | - | condition, including the family home of the parolee, as specified by the Commission or the 4 | |
| 252 | - | supervising agent; and 5 | |
| 253 | - | ||
| 254 | - | (2) the parolee forward authentic copies of applicable medical records to 6 | |
| 255 | - | indicate that the particular medical condition giving rise to the release continues to exist. 7 | |
| 256 | - | ||
| 257 | - | (g) (1) If the Commission has reason to believe that a parolee is no longer so 8 | |
| 258 | - | debilitated or incapacitated as to be physically incapable of presenting a danger to society, 9 | |
| 259 | - | the parolee shall be returned to the custody of the Division of Correction or the local 10 | |
| 260 | - | correctional facility from which the incarcerated individual was released. 11 | |
| 261 | - | ||
| 262 | - | (2) (i) A parole hearing for a parolee returned to custody shall be held 12 | |
| 263 | - | to consider whether the parolee remains incapacitated and shall be heard promptly. 13 | |
| 264 | - | ||
| 265 | - | (ii) A parolee returned to custody under this subsection shall be 14 | |
| 266 | - | maintained in custody, if the incapacitation is found to no longer exist. 15 | |
| 267 | - | ||
| 268 | - | (3) An incarcerated individual whose medical parole is revoked for lack of 16 | |
| 269 | - | continued incapacitation may be considered for parole in accordance with the eligibility 17 | |
| 270 | - | requirements specified in § 7–301 of this subtitle. 18 | |
| 271 | - | ||
| 272 | - | (h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 19 | |
| 273 | - | victim notification and opportunity to be heard shall apply to proceedings relating to 20 | |
| 274 | - | medical parole. 21 | |
| 275 | - | ||
| 276 | - | (2) In cases of imminent death, time limits relating to victim notification 22 | |
| 277 | - | and opportunity to be heard may be reduced or waived in the discretion of the Commission. 23 | |
| 278 | - | ||
| 279 | - | (i) [(1) If the Commission decides to grant medical parole to an incarcerated 24 | |
| 280 | - | individual sentenced to life imprisonment, the decision shall be transmitted to the 25 | |
| 281 | - | Governor. 26 | |
| 282 | - | ||
| 283 | - | (2) The Governor may disapprove the decision by written transmittal to 27 | |
| 284 | - | the Commission. 28 | |
| 285 | - | ||
| 286 | - | (3) If the Governor does not disapprove the decision within 180 days after 29 | |
| 287 | - | receipt of the written transmittal, the decision becomes effective. 30 | |
| 288 | - | ||
| 289 | - | (j)] The Commission shall issue regulations to implement the provisions of this 31 | |
| 290 | - | section. 32 | |
| 291 | - | HOUSE BILL 1123 7 | |
| 292 | - | ||
| 293 | - | ||
| 294 | - | (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1 | |
| 295 | - | INDICATED. 2 | |
| 296 | - | ||
| 297 | - | (2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 3 | |
| 298 | - | HAVING A DIAGNOSABLE MEDICAL CONDITION TH AT IS UNLIKELY TO IM PROVE IN 4 | |
| 299 | - | THE FUTURE AND SUBST ANTIALLY DIMINISHES THE ABILITY OF THE I NDIVIDUAL TO 5 | |
| 300 | - | PROVIDE SELF–CARE. 6 | |
| 301 | - | ||
| 302 | - | (II) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” 7 | |
| 303 | - | INCLUDES CONDITIONS SUCH AS DEMENTIA OR A SEVERE, PERMANENT MEDICAL OR 8 | |
| 304 | - | COGNITIVE DISABILITY IF THE CONDITION SUB STANTIALLY DIMINISHE S THE 9 | |
| 305 | - | ABILITY OF THE INDIV IDUAL TO PROVIDE SEL F–CARE. 10 | |
| 306 | - | ||
| 307 | - | (3) “TERMINAL ILLNESS ” MEANS A DISEASE OR C ONDITION WITH AN 11 | |
| 308 | - | END–OF–LIFE TRAJECTORY . 12 | |
| 309 | - | ||
| 310 | - | (B) This section applies to any incarcerated individual who is sentenced to a term 13 | |
| 311 | - | of incarceration for which all sentences being served, including any life sentence, are with 14 | |
| 312 | - | the possibility of parole. 15 | |
| 313 | - | ||
| 314 | - | [(b)] (C) An incarcerated individual [who is so chronically debilitated or 16 | |
| 315 | - | incapacitated by a medical or mental health condition, disease, or syndrome as to be 17 | |
| 316 | - | physically incapable of presenting a danger to society] may be released on medical parole 18 | |
| 317 | - | at any time during the term of that incarcerated individual’s sentence, without regard to 19 | |
| 318 | - | the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED PHYSIC IAN 20 | |
| 319 | - | HAS DETERMINED THAT THE INCARCERATED IND IVIDUAL: 21 | |
| 320 | - | ||
| 321 | - | (1) (I) IS CHRONICALLY DEBIL ITATED OR INCAPACITA TED; OR 22 | |
| 322 | - | ||
| 323 | - | (II) SUFFERS FROM A TERMI NAL ILLNESS; AND 23 | |
| 324 | - | ||
| 325 | - | (2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 24 | |
| 326 | - | HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; AND 25 | |
| 327 | - | ||
| 328 | - | (II) 1. HAS BEEN RENDERED PHYSICALLY INCAPABLE OF 26 | |
| 329 | - | PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 27 | |
| 330 | - | CONDITION, DISEASE, OR SYNDROME ; OR 28 | |
| 331 | - | ||
| 332 | - | 2. IS NO LONGER A DANGE R TO PUBLIC SAFETY . 29 | |
| 333 | - | ||
| 334 | - | (D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 30 | |
| 335 | - | BEFORE GRANTING MEDICAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 31 | |
| 336 | - | 8 HOUSE BILL 1123 | |
| 337 | - | ||
| 338 | - | ||
| 339 | - | (I) 1. A RECOMMENDATION BY THE MEDICAL 1 | |
| 340 | - | PROFESSIONAL TREATIN G THE INCARCERATED I NDIVIDUAL UNDER CONT RACT 2 | |
| 341 | - | WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 3 | |
| 342 | - | ||
| 343 | - | 2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 4 | |
| 344 | - | SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 5 | |
| 345 | - | NO COST TO THE INCAR CERATED INDIVIDUAL B Y A LICENSED PHYSICI AN WHO IS 6 | |
| 346 | - | INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 7 | |
| 347 | - | FACILITY; 8 | |
| 348 | - | ||
| 349 | - | (II) THE INCARCERATED IND IVIDUAL’S MEDICAL 9 | |
| 350 | - | INFORMATION , INCLUDING: 10 | |
| 351 | - | ||
| 352 | - | 1. A DESCRIPTION OF THE INCARCERATED 11 | |
| 353 | - | INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 12 | |
| 354 | - | ||
| 355 | - | 2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 13 | |
| 356 | - | RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 14 | |
| 357 | - | ||
| 358 | - | 3. A DESCRIPTION OF THE INCARCERATED 15 | |
| 359 | - | INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 16 | |
| 360 | - | ||
| 361 | - | 4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 17 | |
| 362 | - | ||
| 363 | - | (III) DISCHARGE INFORMATIO N, INCLUDING: 18 | |
| 364 | - | ||
| 365 | - | 1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 19 | |
| 366 | - | SERVICES WITHIN THE COMMUNITY ; 20 | |
| 367 | - | ||
| 368 | - | 2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 21 | |
| 369 | - | ||
| 370 | - | 3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 22 | |
| 371 | - | HOSPICE CARE ; AND 23 | |
| 372 | - | ||
| 373 | - | (IV) CASE MANAGEMENT INFO RMATION, INCLUDING: 24 | |
| 374 | - | ||
| 375 | - | 1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 25 | |
| 376 | - | ||
| 377 | - | 2. INSTITUTIONAL HISTOR Y; 26 | |
| 378 | - | ||
| 379 | - | 3. PENDING CHARGES , SENTENCES IN OTHER 27 | |
| 380 | - | JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 28 | |
| 381 | - | ||
| 382 | - | 4. CRIMINAL HISTORY INF ORMATION. 29 HOUSE BILL 1123 9 | |
| 383 | - | ||
| 384 | - | ||
| 385 | - | ||
| 386 | - | (2) IF A MEDICAL EVALUATI ON IS REQUESTED UNDE R PARAGRAPH 1 | |
| 387 | - | (1)(I)2 OF THIS SUBSECTION : 2 | |
| 388 | - | ||
| 389 | - | (I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 3 | |
| 390 | - | EXAMINATION OF THE I NCARCERATED INDIVIDUAL ; AND 4 | |
| 391 | - | ||
| 392 | - | (II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 5 | |
| 393 | - | THE FINDINGS OF THE EVALUATION AND ANY M EDICAL CONDITION DET AILED IN 6 | |
| 394 | - | THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 7 | |
| 395 | - | ||
| 396 | - | [(c)] (E) (1) A request for a medical parole under this section may be filed 8 | |
| 397 | - | with the Maryland Parole Commission by: 9 | |
| 398 | - | ||
| 399 | - | (i) the incarcerated individual seeking the medical parole; 10 | |
| 400 | - | ||
| 401 | - | (ii) an attorney; 11 | |
| 402 | - | ||
| 403 | - | (iii) a prison official or employee; 12 | |
| 404 | - | ||
| 405 | - | (iv) a medical professional; 13 | |
| 406 | - | ||
| 407 | - | (v) a family member; or 14 | |
| 408 | - | ||
| 409 | - | (vi) any other person. 15 | |
| 410 | - | ||
| 411 | - | (2) The request shall be in writing and shall articulate the grounds that 16 | |
| 412 | - | support the appropriateness of granting the medical parole. 17 | |
| 413 | - | ||
| 414 | - | (F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 18 | |
| 415 | - | INDIVIDUAL’S REPRESENTA TIVE MAY REQUEST A M EETING WITH THE COMMISSION. 19 | |
| 416 | - | ||
| 417 | - | (2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 20 | |
| 418 | - | THIS SUBSECTION : 21 | |
| 419 | - | ||
| 420 | - | (I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 22 | |
| 421 | - | MEETING FOR ANY INCA RCERATED INDIVIDUAL : 23 | |
| 422 | - | ||
| 423 | - | 1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 24 | |
| 424 | - | FACILITY; 25 | |
| 425 | - | ||
| 426 | - | 2. CURRENTLY HOSPITALIZ ED OUTSIDE A 26 | |
| 427 | - | CORRECTIONAL FACILIT Y; OR 27 | |
| 428 | - | 10 HOUSE BILL 1123 | |
| 429 | - | ||
| 430 | - | ||
| 431 | - | 3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 1 | |
| 432 | - | INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 2 | |
| 433 | - | CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 3 | |
| 434 | - | ||
| 435 | - | (II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 4 | |
| 436 | - | REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DO ES NOT 5 | |
| 437 | - | MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 6 | |
| 438 | - | ||
| 439 | - | [(d)] (G) Following review of the request, the Commission may: 7 | |
| 111 | + | (d) Following review of the request, the Commission may: 7 | |
| 440 | 112 | ||
| 441 | 113 | (1) find the request to be inconsistent with the best interests of public 8 | |
| 442 | 114 | safety and take no further action; or 9 | |
| 443 | 115 | ||
| 444 | - | (2) request that | |
| 445 | - | ||
| 116 | + | (2) request that department or local correctional facility personnel provide 10 | |
| 117 | + | information for formal consideration of parole release. 11 | |
| 446 | 118 | ||
| 447 | - | | |
| 119 | + | (e) The information to be considered by the Commission before granting medical 12 | |
| 448 | 120 | parole shall, at a minimum, include: 13 | |
| 449 | 121 | ||
| 450 | 122 | (1) (i) a recommendation by the medical professional treating the 14 | |
| 451 | 123 | incarcerated individual under contract with the Department or local correctional facility; 15 | |
| 452 | 124 | or 16 | |
| 453 | 125 | ||
| 454 | 126 | (ii) if requested by an individual identified in subsection (c)(1) of this 17 | |
| 455 | 127 | section, one medical evaluation conducted at no cost to the incarcerated individual by a 18 | |
| 456 | 128 | medical professional who is independent from the Division of Correction or local 19 | |
| 457 | 129 | correctional facility; 20 | |
| 458 | 130 | ||
| 459 | 131 | (2) the incarcerated individual’s medical information, including: 21 | |
| 460 | 132 | ||
| 461 | 133 | (i) a description of the incarcerated individual’s condition, disease, 22 | |
| 462 | 134 | or syndrome; 23 | |
| 463 | 135 | ||
| 464 | 136 | (ii) a prognosis concerning the likelihood of recovery from the 24 | |
| 465 | 137 | condition, disease, or syndrome; 25 | |
| 466 | 138 | ||
| 467 | 139 | (iii) a description of the incarcerated individual’s physical incapacity 26 | |
| 468 | 140 | and score on the Karnofsky Performance Scale Index or similar classification of physical 27 | |
| 469 | 141 | impairment; and 28 | |
| 470 | 142 | ||
| 471 | 143 | (iv) a mental health evaluation, where relevant; 29 | |
| 472 | 144 | ||
| 473 | 145 | (3) discharge information, including: 30 | |
| 146 | + | 4 HOUSE BILL 1123 | |
| 474 | 147 | ||
| 475 | - | (i) availability of treatment or professional services within the 31 | |
| 476 | - | community; 32 HOUSE BILL 1123 11 | |
| 148 | + | ||
| 149 | + | (i) availability of treatment or professional services within the 1 | |
| 150 | + | community; 2 | |
| 151 | + | ||
| 152 | + | (ii) family support within the community; and 3 | |
| 153 | + | ||
| 154 | + | (iii) housing availability, including hospital or hospice care; and 4 | |
| 155 | + | ||
| 156 | + | (4) case management information, including: 5 | |
| 157 | + | ||
| 158 | + | (i) the circumstances of the current offense; 6 | |
| 159 | + | ||
| 160 | + | (ii) institutional history; 7 | |
| 161 | + | ||
| 162 | + | (iii) pending charges, sentences in other jurisdictions, and any other 8 | |
| 163 | + | detainers; and 9 | |
| 164 | + | ||
| 165 | + | (iv) criminal history information. 10 | |
| 166 | + | ||
| 167 | + | (f) The Commission may require as a condition of release on medical parole that: 11 | |
| 168 | + | ||
| 169 | + | (1) the parolee agree to placement for a definite or indefinite period of time 12 | |
| 170 | + | in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 13 | |
| 171 | + | condition, including the family home of the parolee, as specified by the Commission or the 14 | |
| 172 | + | supervising agent; and 15 | |
| 173 | + | ||
| 174 | + | (2) the parolee forward authentic copies of applicable medical records to 16 | |
| 175 | + | indicate that the particular medical condition giving rise to the release continues to exist. 17 | |
| 176 | + | ||
| 177 | + | (g) (1) If the Commission has reason to believe that a parolee is no longer so 18 | |
| 178 | + | debilitated or incapacitated as to be physically incapable of presenting a danger to society, 19 | |
| 179 | + | the parolee shall be returned to the custody of the Division of Correction or the local 20 | |
| 180 | + | correctional facility from which the incarcerated individual was released. 21 | |
| 181 | + | ||
| 182 | + | (2) (i) A parole hearing for a parolee returned to custody shall be held 22 | |
| 183 | + | to consider whether the parolee remains incapacitated and shall be heard promptly. 23 | |
| 184 | + | ||
| 185 | + | (ii) A parolee returned to custody under this subsection shall be 24 | |
| 186 | + | maintained in custody, if the incapacitation is found to no longer exist. 25 | |
| 187 | + | ||
| 188 | + | (3) An incarcerated individual whose medical parole is revoked for lack of 26 | |
| 189 | + | continued incapacitation may be considered for parole in accordance with the eligibility 27 | |
| 190 | + | requirements specified in § 7–301 of this subtitle. 28 | |
| 191 | + | ||
| 192 | + | (h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 29 | |
| 193 | + | victim notification and opportunity to be heard shall apply to proceedings relating to 30 | |
| 194 | + | medical parole. 31 | |
| 195 | + | HOUSE BILL 1123 5 | |
| 196 | + | ||
| 197 | + | ||
| 198 | + | (2) In cases of imminent death, time limits relating to victim notification 1 | |
| 199 | + | and opportunity to be heard may be reduced or waived in the discretion of the Commission. 2 | |
| 200 | + | ||
| 201 | + | (i) [(1) If the Commission decides to grant medical parole to an incarcerated 3 | |
| 202 | + | individual sentenced to life imprisonment, the decision shall be transmitted to the 4 | |
| 203 | + | Governor. 5 | |
| 204 | + | ||
| 205 | + | (2) The Governor may disapprove the decision by written transmittal to 6 | |
| 206 | + | the Commission. 7 | |
| 207 | + | ||
| 208 | + | (3) If the Governor does not disapprove the decision within 180 days after 8 | |
| 209 | + | receipt of the written transmittal, the decision becomes effective. 9 | |
| 210 | + | ||
| 211 | + | (j)] The Commission shall issue regulations to implement the provisions of this 10 | |
| 212 | + | section. 11 | |
| 213 | + | ||
| 214 | + | (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12 | |
| 215 | + | INDICATED. 13 | |
| 216 | + | ||
| 217 | + | (2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 14 | |
| 218 | + | HAVING A DIAGNOSABLE MEDICAL CONDITION TH AT IS UNLIKELY TO IM PROVE IN 15 | |
| 219 | + | THE FUTURE AND SUBST ANTIALLY DIMINISHES THE ABILITY OF THE I NDIVIDUAL TO 16 | |
| 220 | + | PROVIDE SELF–CARE. 17 | |
| 221 | + | ||
| 222 | + | (II) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” 18 | |
| 223 | + | INCLUDES CONDITIONS SUCH AS DEMENTI A OR A SEVERE, PERMANENT MEDICAL OR 19 | |
| 224 | + | COGNITIVE DISABILITY IF THE CONDITION SUB STANTIALLY DIMINISHE S THE 20 | |
| 225 | + | ABILITY OF THE INDIV IDUAL TO PROVIDE SEL F–CARE. 21 | |
| 226 | + | ||
| 227 | + | (3) “TERMINAL ILLNESS ” MEANS A DISEASE OR C ONDITION WITH AN 22 | |
| 228 | + | END–OF–LIFE TRAJECTORY . 23 | |
| 229 | + | ||
| 230 | + | (B) This section applies to any incarcerated individual who is sentenced to a term 24 | |
| 231 | + | of incarceration for which all sentences being served, including any life sentence, are with 25 | |
| 232 | + | the possibility of parole. 26 | |
| 233 | + | ||
| 234 | + | [(b)] (C) An incarcerated individual [who is so chronically debilitated or 27 | |
| 235 | + | incapacitated by a medical or mental health condition, disease, or syndrome as to be 28 | |
| 236 | + | physically incapable of presenting a danger to society] may be released on medical parole 29 | |
| 237 | + | at any time during the term of that incarcerated individual’s sentence, without regard to 30 | |
| 238 | + | the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED PHYSIC IAN 31 | |
| 239 | + | HAS DETERMINED THAT THE INCARCERATED IND IVIDUAL: 32 | |
| 240 | + | ||
| 241 | + | (1) (I) IS CHRONICALLY DEBIL ITATED OR INCAPACITA TED; OR 33 | |
| 242 | + | 6 HOUSE BILL 1123 | |
| 243 | + | ||
| 244 | + | ||
| 245 | + | (II) SUFFERS FROM A TERMI NAL ILLNESS; AND 1 | |
| 246 | + | ||
| 247 | + | (2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 2 | |
| 248 | + | HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; AND 3 | |
| 249 | + | ||
| 250 | + | (II) 1. HAS BEEN RENDERED PH YSICALLY INCAPABLE O F 4 | |
| 251 | + | PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 5 | |
| 252 | + | CONDITION, DISEASE, OR SYNDROME ; OR 6 | |
| 253 | + | ||
| 254 | + | 2. IS NO LONGER A DANGE R TO PUBLIC SAFETY . 7 | |
| 255 | + | ||
| 256 | + | (D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 8 | |
| 257 | + | BEFORE GRANTING MEDI CAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 9 | |
| 258 | + | ||
| 259 | + | (I) 1. A RECOMMENDATION BY THE MEDICAL 10 | |
| 260 | + | PROFESSIONAL TREATING THE INCARCE RATED INDIVIDUAL UND ER CONTRACT 11 | |
| 261 | + | WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 12 | |
| 262 | + | ||
| 263 | + | 2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 13 | |
| 264 | + | SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 14 | |
| 265 | + | NO COST TO THE INCAR CERATED INDIVIDUAL BY A LI CENSED PHYSICIAN WHO IS 15 | |
| 266 | + | INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 16 | |
| 267 | + | FACILITY; 17 | |
| 268 | + | ||
| 269 | + | (II) THE INCARCERATED IND IVIDUAL’S MEDICAL 18 | |
| 270 | + | INFORMATION , INCLUDING: 19 | |
| 271 | + | ||
| 272 | + | 1. A DESCRIPTION OF THE INCARCERATED 20 | |
| 273 | + | INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 21 | |
| 274 | + | ||
| 275 | + | 2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 22 | |
| 276 | + | RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 23 | |
| 277 | + | ||
| 278 | + | 3. A DESCRIPTION OF THE INCARCERATED 24 | |
| 279 | + | INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 25 | |
| 280 | + | ||
| 281 | + | 4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 26 | |
| 282 | + | ||
| 283 | + | (III) DISCHARGE INFORMATIO N, INCLUDING: 27 | |
| 284 | + | ||
| 285 | + | 1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 28 | |
| 286 | + | SERVICES WITHIN THE COMMUNITY ; 29 | |
| 287 | + | ||
| 288 | + | 2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 30 HOUSE BILL 1123 7 | |
| 477 | 289 | ||
| 478 | 290 | ||
| 479 | 291 | ||
| 480 | - | (ii) family support within the community; and 1 | |
| 292 | + | 3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 1 | |
| 293 | + | HOSPICE CARE ; AND 2 | |
| 481 | 294 | ||
| 482 | - | ( | |
| 295 | + | (IV) CASE MANAGEMENT INFORMATI ON, INCLUDING: 3 | |
| 483 | 296 | ||
| 484 | - | | |
| 297 | + | 1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 4 | |
| 485 | 298 | ||
| 486 | - | | |
| 299 | + | 2. INSTITUTIONAL HISTOR Y; 5 | |
| 487 | 300 | ||
| 488 | - | (ii) institutional history; 5 | |
| 301 | + | 3. PENDING CHARGES , SENTENCES IN OTHER 6 | |
| 302 | + | JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 7 | |
| 489 | 303 | ||
| 490 | - | (iii) pending charges, sentences in other jurisdictions, and any other 6 | |
| 491 | - | detainers; and 7 | |
| 304 | + | 4. CRIMINAL HISTORY INF ORMATION. 8 | |
| 492 | 305 | ||
| 493 | - | (iv) criminal history information.] 8 | |
| 306 | + | (2) IF A MEDICAL EVALUATION I S REQUESTED UNDER PA RAGRAPH 9 | |
| 307 | + | (1)(I)2 OF THIS SUBSECTION : 10 | |
| 494 | 308 | ||
| 495 | - | ||
| 496 | - | ||
| 309 | + | (I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 11 | |
| 310 | + | EXAMINATION OF THE I NCARCERATED INDIVIDU AL; AND 12 | |
| 497 | 311 | ||
| 498 | - | (1) the parolee agree to placement for a definite or indefinite period of time 11 | |
| 499 | - | [in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDE R AND IN 12 | |
| 500 | - | A housing accommodation suitable to the parolee’s medical condition, including the family 13 | |
| 501 | - | home of the parolee, as specified by the Commission or the supervising agent; and 14 | |
| 312 | + | (II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 13 | |
| 313 | + | THE FINDINGS OF THE EVALUATION AND ANY M EDICAL CONDITION DET AILED IN 14 | |
| 314 | + | THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 15 | |
| 502 | 315 | ||
| 503 | - | ( | |
| 504 | - | ||
| 316 | + | [(c)] (E) (1) A request for a medical parole under this section may be filed 16 | |
| 317 | + | with the Maryland Parole Commission by: 17 | |
| 505 | 318 | ||
| 506 | - | [(g)] (I) (1) If the Commission has reason to believe that a parolee is no 17 | |
| 507 | - | longer so debilitated or incapacitated as to be physically incapable of presenting a danger 18 | |
| 508 | - | to society, the parolee shall be returned to the custody of the Division of Correction or the 19 | |
| 509 | - | local correctional facility from which the incarcerated individual was released. 20 | |
| 319 | + | (i) the incarcerated individual seeking the medical parole; 18 | |
| 510 | 320 | ||
| 511 | - | (2) (i) A parole hearing for a parolee returned to custody shall be held 21 | |
| 512 | - | to consider whether the parolee remains incapacitated and shall be heard promptly. 22 | |
| 321 | + | (ii) an attorney; 19 | |
| 513 | 322 | ||
| 514 | - | (ii) A parolee returned to custody under this subsection shall be 23 | |
| 515 | - | maintained in custody, if the incapacitation is found to no longer exist. 24 | |
| 323 | + | (iii) a prison official or employee; 20 | |
| 516 | 324 | ||
| 517 | - | (3) An incarcerated individual whose medical parole is revoked for lack of 25 | |
| 518 | - | continued incapacitation may be considered for parole in accordance with the eligibility 26 | |
| 519 | - | requirements specified in § 7–301 of this subtitle A PAROLEE SHALL BE RET URNED TO 27 | |
| 520 | - | THE CUSTODY OF THE DIVISION OF CORRECTION OR THE LOC AL CORRECTIONAL 28 | |
| 521 | - | FACILITY FROM WHICH THE PAROLEE WAS RELE ASED IF A LICENSED P HYSICIAN HAS 29 | |
| 522 | - | DETERMINED THAT THE PAROLEE: 30 | |
| 523 | - | 12 HOUSE BILL 1123 | |
| 325 | + | (iv) a medical professional; 21 | |
| 524 | 326 | ||
| 327 | + | (v) a family member; or 22 | |
| 525 | 328 | ||
| 526 | - | (1) (I) IS NO LONGER CHRONIC ALLY DEBILITATED OR 1 | |
| 527 | - | INCAPACITATED ; OR 2 | |
| 329 | + | (vi) any other person. 23 | |
| 528 | 330 | ||
| 529 | - | (II) NO LONGER SUFFERS FR OM A TERMINAL ILLNE SS; AND 3 | |
| 331 | + | (2) The request shall be in writing and shall articulate the grounds that 24 | |
| 332 | + | support the appropriateness of granting the medical parole. 25 | |
| 530 | 333 | ||
| 531 | - | (2) (I) NO LONGER REQUIRES E XTENDED MEDICAL MANA GEMENT 4 | |
| 532 | - | WITH HEALTH CARE NEE DS THAT WOULD BE BET TER MET BY COMMUNITY SERVICES; 5 | |
| 533 | - | AND 6 | |
| 534 | - | ||
| 535 | - | (II) 1. IS NO LONGER PHYSICA LLY INCAPABLE OF 7 | |
| 536 | - | PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H CONDITION, 8 | |
| 537 | - | DISEASE, OR SYNDROME ; OR 9 | |
| 538 | - | ||
| 539 | - | 2. IS A DANGER TO SOCIE TY. 10 | |
| 540 | - | ||
| 541 | - | [(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 11 | |
| 542 | - | THAT IS LIKELY TO OC CUR WITHIN 6 MONTHS. 12 | |
| 543 | - | ||
| 544 | - | (2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 13 | |
| 545 | - | relating to victim notification and opportunity to be heard shall apply to proceedings 14 | |
| 546 | - | relating to medical parole. 15 | |
| 547 | - | ||
| 548 | - | [(2)] (3) In cases of imminent death, time limits relating to victim 16 | |
| 549 | - | notification and opportunity to be heard may be reduced or waived in the discretion of the 17 | |
| 550 | - | Commission. 18 | |
| 551 | - | ||
| 552 | - | [(i) (1) If the Commission decides to grant medical parole to an incarcerated 19 | |
| 553 | - | individual sentenced to life imprisonment, the decision shall be transmitted to the 20 | |
| 554 | - | Governor. 21 | |
| 555 | - | ||
| 556 | - | (2) The Governor may disapprove the decision by written transmittal to 22 | |
| 557 | - | the Commission. 23 | |
| 558 | - | ||
| 559 | - | (3) If the Governor does not disapprove the decision within 180 days after 24 | |
| 560 | - | receipt of the written transmittal, the decision becomes effective.] 25 | |
| 561 | - | ||
| 562 | - | [(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 26 | |
| 563 | - | provisions of this section. 27 | |
| 564 | - | ||
| 565 | - | 7–310. 28 | |
| 566 | - | ||
| 567 | - | (A) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 29 | |
| 568 | - | COMMISSION THE NAMES OF EACH INCARCERATED INDIVIDUAL WHO : 30 | |
| 569 | - | ||
| 570 | - | (1) IS AT LEAST 60 YEARS OLD; 31 HOUSE BILL 1123 13 | |
| 334 | + | (F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 26 | |
| 335 | + | INDIVIDUAL’S REPRESENTATIVE MAY REQUEST A MEETING WI TH THE COMMISSION. 27 8 HOUSE BILL 1123 | |
| 571 | 336 | ||
| 572 | 337 | ||
| 573 | 338 | ||
| 574 | - | (2) | |
| 575 | - | ||
| 339 | + | (2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 1 | |
| 340 | + | THIS SUBSECTION : 2 | |
| 576 | 341 | ||
| 577 | - | ( | |
| 578 | - | ||
| 342 | + | (I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 3 | |
| 343 | + | MEETING FOR ANY INCA RCERATED INDIVIDUAL : 4 | |
| 579 | 344 | ||
| 580 | - | | |
| 581 | - | ||
| 345 | + | 1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 5 | |
| 346 | + | FACILITY; 6 | |
| 582 | 347 | ||
| 583 | - | (B) WITHIN 60 DAYS OF RECEIPT OF A NAME OF AN INCARCERA TED 7 | |
| 584 | - | INDIVIDUAL UNDER SUBSECTION (A) OF THIS SECTION , THE COMMISSION SHALL 8 | |
| 585 | - | CONDUCT A RISK ASSES SMENT FOR THE INCARC ERATED INDIVIDUAL . 9 | |
| 348 | + | 2. CURRENTLY HOSPITALIZ ED OUTSIDE A 7 | |
| 349 | + | CORRECTIONAL FACILIT Y; OR 8 | |
| 586 | 350 | ||
| 587 | - | (C) ON COMPLETION OF THE RISK ASSESSMENT , THE COMMISSION SHALL 10 | |
| 588 | - | CONDUCT A PAROLE REL EASE HEARING UNDER § 7–306 OR § 7–307 OF THIS 11 | |
| 589 | - | SUBTITLE AND DETERMI NE WHETHER THE INCAR CERATED INDIVIDUAL I S SUITABLE 12 | |
| 590 | - | FOR PAROLE. 13 | |
| 351 | + | 3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 9 | |
| 352 | + | INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 10 | |
| 353 | + | CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 11 | |
| 591 | 354 | ||
| 592 | - | 7–801. 14 | |
| 355 | + | (II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 12 | |
| 356 | + | REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DOES N OT 13 | |
| 357 | + | MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 14 | |
| 593 | 358 | ||
| 594 | - | ( | |
| 359 | + | [(d)] (G) Following review of the request, the Commission may: 15 | |
| 595 | 360 | ||
| 596 | - | ( | |
| 597 | - | ||
| 361 | + | (1) find the request to be inconsistent with the best interests of public 16 | |
| 362 | + | safety and take no further action; or 17 | |
| 598 | 363 | ||
| 599 | - | ( | |
| 600 | - | ||
| 364 | + | (2) request that [department] DEPARTMENT or local correctional facility 18 | |
| 365 | + | personnel provide information for formal consideration of parole release. 19 | |
| 601 | 366 | ||
| 602 | - | (b) (1) At least 90 days before an incarcerated individual’s parole release 20 | |
| 603 | - | hearing, the Department shall notify the victim or the victim’s representative in writing, 21 | |
| 604 | - | directed to the most current address on file, that the parole release hearing has been 22 | |
| 605 | - | scheduled if: 23 | |
| 367 | + | [(e) The information to be considered by the Commission before granting medical 20 | |
| 368 | + | parole shall, at a minimum, include: 21 | |
| 606 | 369 | ||
| 607 | - | (i) the victim or the victim’s representative filed a notification 24 | |
| 608 | - | request form under § 11–104 of the Criminal Procedure Article; or 25 | |
| 370 | + | (1) (i) a recommendation by the medical professional treating the 22 | |
| 371 | + | incarcerated individual under contract with the Department or local correctional facility; 23 | |
| 372 | + | or 24 | |
| 609 | 373 | ||
| 610 | - | (ii) the victim makes a written request to the Department for 26 | |
| 611 | - | notification and maintains a current address on file with the Department. 27 | |
| 374 | + | (ii) if requested by an individual identified in subsection (c)(1) of this 25 | |
| 375 | + | section, one medical evaluation conducted at no cost to the incarcerated individual by a 26 | |
| 376 | + | medical professional who is independent from the Division of Correction or local 27 | |
| 377 | + | correctional facility; 28 | |
| 612 | 378 | ||
| 613 | - | (2) The victim may designate in writing to the Department the name and 28 | |
| 614 | - | address of a representative who is a resident of the State to receive notice for the victim. 29 | |
| 379 | + | (2) the incarcerated individual’s medical information, including: 29 | |
| 615 | 380 | ||
| 616 | - | (c) (1) Not later than 30 days after the date of the Department’s notice under 30 | |
| 617 | - | subsection (b) of this section, the victim of a crime may submit to the Department a written 31 14 HOUSE BILL 1123 | |
| 381 | + | (i) a description of the incarcerated individual’s condition, disease, 30 | |
| 382 | + | or syndrome; 31 | |
| 383 | + | HOUSE BILL 1123 9 | |
| 618 | 384 | ||
| 619 | 385 | ||
| 620 | - | ||
| 621 | - | ||
| 386 | + | (ii) a prognosis concerning the likelihood of recovery from the 1 | |
| 387 | + | condition, disease, or syndrome; 2 | |
| 622 | 388 | ||
| 623 | - | (2) If the victim submits a request as authorized by paragraph (1) of this 3 | |
| 624 | - | subsection, the Department shall direct the Division of Parole and Probation to: 4 | |
| 389 | + | (iii) a description of the incarcerated individual’s physical incapacity 3 | |
| 390 | + | and score on the Karnofsky Performance Scale Index or similar classification of physical 4 | |
| 391 | + | impairment; and 5 | |
| 625 | 392 | ||
| 626 | - | (i) complete the updated statement at least 30 days before the 5 | |
| 627 | - | parole release hearing; and 6 | |
| 393 | + | (iv) a mental health evaluation, where relevant; 6 | |
| 628 | 394 | ||
| 629 | - | (ii) send promptly the updated victim impact statement to the 7 | |
| 630 | - | Commission. 8 | |
| 395 | + | (3) discharge information, including: 7 | |
| 631 | 396 | ||
| 632 | - | (d) A victim may: 9 | |
| 397 | + | (i) availability of treatment or professional services within the 8 | |
| 398 | + | community; 9 | |
| 633 | 399 | ||
| 634 | - | ( | |
| 400 | + | (ii) family support within the community; and 10 | |
| 635 | 401 | ||
| 636 | - | (i) make a written recommendation to the Commission on the 11 | |
| 637 | - | advisability of releasing the incarcerated individual on parole; and 12 | |
| 402 | + | (iii) housing availability, including hospital or hospice care; and 11 | |
| 638 | 403 | ||
| 639 | - | (ii) request that the incarcerated individual be prohibited from 13 | |
| 640 | - | having any contact with the victim as a condition of parole, mandatory supervision, work 14 | |
| 641 | - | release, or other administrative release; and 15 | |
| 404 | + | (4) case management information, including: 12 | |
| 642 | 405 | ||
| 643 | - | ( | |
| 406 | + | (i) the circumstances of the current offense; 13 | |
| 644 | 407 | ||
| 645 | - | (e) The Commission shall make an updated victim impact statement and a 17 | |
| 646 | - | victim’s written recommendation available for review by the incarcerated individual or the 18 | |
| 647 | - | incarcerated individual’s representative under § 7–303(b) of this title. 19 | |
| 408 | + | (ii) institutional history; 14 | |
| 648 | 409 | ||
| 649 | - | ( | |
| 650 | - | ||
| 410 | + | (iii) pending charges, sentences in other jurisdictions, and any other 15 | |
| 411 | + | detainers; and 16 | |
| 651 | 412 | ||
| 652 | - | (g) If a victim requested an open hearing under § 7–304 of this title, the victim 22 | |
| 653 | - | may present oral testimony at the incarcerated individual’s parole release hearing in a 23 | |
| 654 | - | manner established in regulations adopted by the Commission. 24 | |
| 413 | + | (iv) criminal history information.] 17 | |
| 655 | 414 | ||
| 656 | - | (h) The Department shall notify promptly the victim or th e victim’s 25 | |
| 657 | - | representative of the decision of the Commission regarding parole for the incarcerated 26 | |
| 658 | - | individual. 27 | |
| 415 | + | [(f)] (H) The Commission may require as a condition of release on medical parole 18 | |
| 416 | + | that: 19 | |
| 659 | 417 | ||
| 660 | - | (A) THIS SECTION APPLIES ONLY TO AN INCARCERA TED INDIVIDUAL WHO : 28 | |
| 418 | + | (1) the parolee agree to placement for a definite or indefinite period of time 20 | |
| 419 | + | [in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDER AND IN 21 | |
| 420 | + | A housing accommodation suitable to the parolee’s medical condition, including the family 22 | |
| 421 | + | home of the parolee, as specified by the Commission or the supervising agent; and 23 | |
| 661 | 422 | ||
| 662 | - | (1) IS AT LEAST 65 YEARS OLD; 29 | |
| 423 | + | (2) the parolee forward authentic copies of applicable medical records to 24 | |
| 424 | + | indicate that the particular medical condition giving rise to the release continues to exist. 25 | |
| 663 | 425 | ||
| 664 | - | (2) HAS SERVED AT LEAST 20 YEARS OF INCARCE RATION; 30 | |
| 665 | - | HOUSE BILL 1123 15 | |
| 426 | + | [(g)] (I) (1) If the Commission has reason to believe that a parolee is no 26 | |
| 427 | + | longer so debilitated or incapacitated as to be physically incapable of presenting a danger 27 | |
| 428 | + | to society, the parolee shall be returned to the custody of the Division of Correction or the 28 | |
| 429 | + | local correctional facility from which the incarcerated individual was released. 29 | |
| 430 | + | ||
| 431 | + | (2) (i) A parole hearing for a parolee returned to custody shall be held 30 | |
| 432 | + | to consider whether the parolee remains incapacitated and shall be heard promptly. 31 10 HOUSE BILL 1123 | |
| 666 | 433 | ||
| 667 | 434 | ||
| 668 | - | (3) IS NOT A SEX OFFENDE R, AS DEFINED IN § 11–701 OF THE 1 | |
| 669 | - | CRIMINAL PROCEDURE ARTICLE; 2 | |
| 670 | 435 | ||
| 671 | - | (4) IS SERVING A TERM OF CONFINEMENT FOR WHIC H ALL SENTENCES 3 | |
| 672 | - | BEING SERVED , INCLUDING ANY LIFE S ENTENCE, ARE WITH THE POSSIBI LITY OF 4 | |
| 673 | - | PAROLE; AND 5 | |
| 436 | + | (ii) A parolee returned to custody under this subsection shall be 1 | |
| 437 | + | maintained in custody, if the incapacitation is found to no longer exist. 2 | |
| 674 | 438 | ||
| 675 | - | (5) HAS HAD NO CATEGORY 1A DISCIPLINARY INFRACT IONS WITHIN 6 | |
| 676 | - | THE PREVIOUS 3–YEAR PERIOD. 7 | |
| 439 | + | (3) An incarcerated individual whose medical parole is revoked for lack of 3 | |
| 440 | + | continued incapacitation may be considered for parole in accordance with the eligibility 4 | |
| 441 | + | requirements specified in § 7–301 of this subtitle. 5 | |
| 677 | 442 | ||
| 678 | - | (B) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 8 | |
| 679 | - | COMMISSION THE NAME O F EACH INCARCERATED INDIVIDUAL WHO MEETS THE 9 | |
| 680 | - | QUALIFICATIONS UNDER SUBSECTION (A) OF THIS SECTION. 10 | |
| 443 | + | [(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 6 | |
| 444 | + | THAT IS LIKELY TO OC CUR WITHIN 6 MONTHS. 7 | |
| 681 | 445 | ||
| 682 | - | (C) (1) WITHIN 60 DAYS AFTER RECEIPT O F A NAME UNDER SUBSE CTION 11 | |
| 683 | - | (B) OF THIS SECTION, THE COMMISSION SHALL ORDE R A RISK ASSESSMENT FOR THE 12 | |
| 684 | - | INCARCERATED INDIVID UAL IF THE INDIVIDUA L IS SERVING SENTENC ES FOR 13 | |
| 685 | - | MULTIPLE CRIMES OF V IOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW 14 | |
| 686 | - | ARTICLE, WITH AN AGGREGATE TE RM OF CONFINEMENT OF 40 YEARS OR MORE . 15 | |
| 446 | + | (2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 8 | |
| 447 | + | relating to victim notification and opportunity to be heard shall apply to proceedings 9 | |
| 448 | + | relating to medical parole. 10 | |
| 687 | 449 | ||
| 688 | - | (2) THE COMMISSION MAY ORDER A RISK ASSESSMENT FO R ANY 16 | |
| 689 | - | OTHER INCARCERATED I NDIVIDUAL ELIGIBLE F OR PAROLE UNDER THIS SECTION. 17 | |
| 450 | + | [(2)] (3) In cases of imminent death, time limits relating to victim 11 | |
| 451 | + | notification and opportunity to be heard may be reduced or waived in the discretion of the 12 | |
| 452 | + | Commission. 13 | |
| 690 | 453 | ||
| 691 | - | (D) (1) THE COMMISSION SHALL CO NDUCT A PAROLE RELEA SE HEARING 18 | |
| 692 | - | UNDER § 7–306 OR § 7–307 OF THIS SUBTITLE FOR EACH INDIVIDUAL WHOS E NAME 19 | |
| 693 | - | IS SUBMITTED UNDER S UBSECTION (B) OF THIS SECTION AND DETERMINE WHETHER 20 | |
| 694 | - | THE INCARCERATED IND IVIDUAL IS SUITABLE FOR PAROLE. 21 | |
| 454 | + | [(i) (1) If the Commission decides to grant medical parole to an incarcerated 14 | |
| 455 | + | individual sentenced to life imprisonment, the decision shall be transmitted to the 15 | |
| 456 | + | Governor. 16 | |
| 695 | 457 | ||
| 696 | - | (2) THE HEARING UNDER THI S SUBSECTION SHALL B E CONDUCTED : 22 | |
| 458 | + | (2) The Governor may disapprove the decision by written transmittal to 17 | |
| 459 | + | the Commission. 18 | |
| 697 | 460 | ||
| 698 | - | ( | |
| 699 | - | ||
| 461 | + | (3) If the Governor does not disapprove the decision within 180 days after 19 | |
| 462 | + | receipt of the written transmittal, the decision becomes effective.] 20 | |
| 700 | 463 | ||
| 701 | - | (II) ON COMPLETION OF ANY RISK ASSESSMENT ORDE RED. 25 | |
| 464 | + | [(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 21 | |
| 465 | + | provisions of this section. 22 | |
| 702 | 466 | ||
| 703 | - | (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 26 | |
| 704 | - | AN INCARCERATED INDI VIDUAL WHO HAS BEEN DENIED PAROLE U NDER THIS 27 | |
| 705 | - | SECTION MAY NOT HAVE A SUBSEQUENT PAROLE HEARING FOR 5 YEARS. 28 | |
| 467 | + | 7–310. 23 | |
| 706 | 468 | ||
| 707 | - | (2) AN INCARCERATED INDIV IDUAL WHO HAS BEEN D ENIED PAROLE 29 | |
| 708 | - | UNDER THIS SECTION M AY HAVE A SUBSEQUENT PAROLE HEARING AT AN Y TIME IF 30 | |
| 709 | - | THE COMMISSION DETERMINES THAT E XTRAORDINARY AND COM PELLING 31 | |
| 710 | - | CIRCUMSTANCES JUSTIF Y THE SUBSEQUENT PAR OLE HEARING. 32 | |
| 711 | - | 16 HOUSE BILL 1123 | |
| 469 | + | (A) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 24 | |
| 470 | + | COMMISSION THE NAMES OF EACH INCARCERATED INDIVIDUAL WHO : 25 | |
| 471 | + | ||
| 472 | + | (1) IS AT LEAST 60 YEARS OLD; 26 | |
| 473 | + | ||
| 474 | + | (2) HAS BEEN INCARCERATE D FOR A CONTINUOUS P ERIOD OF AT 27 | |
| 475 | + | LEAST 20 YEARS; 28 | |
| 476 | + | ||
| 477 | + | (3) HAS HAD NO MAJOR DIS CIPLINARY INFRACTION S WITHIN THE 29 | |
| 478 | + | PREVIOUS 3–YEAR PERIOD; AND 30 | |
| 479 | + | HOUSE BILL 1123 11 | |
| 712 | 480 | ||
| 713 | 481 | ||
| 714 | - | (F) IN ADDITION TO THE FA CTORS SPECIFIED UNDE R § 7–305 OF THIS 1 | |
| 715 | - | SUBTITLE, EACH COMMISSION PANEL DETE RMINING WHETHER AN I NCARCERATED 2 | |
| 716 | - | INDIVIDUAL IS SUITAB LE FOR PAROLE SHALL CONSIDER AND GIVE WEIG HT TO THE 3 | |
| 717 | - | AGE OF THE INCARCERA TED INDIVIDUAL AND T HE IMPACT THAT THE A GE OF THE 4 | |
| 718 | - | INCARCERATED INDIVID UAL HAS ON THE RISK THAT THE INCARCERATE D 5 | |
| 719 | - | INDIVIDUAL WILL RECI DIVATE. 6 | |
| 482 | + | (4) IS NOT SERVING A SEN TENCE OF LIFE WITHOU T THE POSSIBILITY 1 | |
| 483 | + | OF PAROLE. 2 | |
| 720 | 484 | ||
| 721 | - | (G) ANY SAVINGS REALIZED BY THE DEPARTMENT AS A RESUL T OF THIS 7 | |
| 722 | - | SECTION SHALL BE USE D FOR THE PURPOSE OF : 8 | |
| 485 | + | (B) WITHIN 60 DAYS OF RECEIPT OF A NAME OF AN INCARCERA TED 3 | |
| 486 | + | INDIVIDUAL UNDER SUB SECTION (A) OF THIS SECTION , THE COMMISSION SHALL 4 | |
| 487 | + | CONDUCT A RISK ASSES SMENT FOR THE INCARC ERATED INDIVIDUAL . 5 | |
| 723 | 488 | ||
| 724 | - | (1) CONDUCTING RISK ASSE SSMENTS FOR INCARCER ATED 9 | |
| 725 | - | INDIVIDUALS; 10 | |
| 489 | + | (C) ON COMPLETION OF THE RISK ASSESSMENT , THE COMMISSION SHALL 6 | |
| 490 | + | CONDUCT A PAROLE RELEASE H EARING UNDER § 7–306 OR § 7–307 OF THIS 7 | |
| 491 | + | SUBTITLE AND DETERMI NE WHETHER THE INCAR CERATED INDIVIDUAL I S SUITABLE 8 | |
| 492 | + | FOR PAROLE. 9 | |
| 726 | 493 | ||
| 727 | - | (2) CONDUCTING PAROLE HE ARINGS FOR INCARCERA TED 11 | |
| 728 | - | INDIVIDUALS; AND 12 | |
| 494 | + | 7–801. 10 | |
| 729 | 495 | ||
| 730 | - | (3) PROVIDING PRERELEASE AND REENTRY CASE MAN AGEMENT AND 13 | |
| 731 | - | RESOURCES FOR INCARC ERATED INDIVIDUALS WH O ARE RELEASED ON PA ROLE. 14 | |
| 496 | + | (a) (1) In this subtitle the following words have the meanings indicated. 11 | |
| 732 | 497 | ||
| 733 | - | (H) EVERY YEAR, THE COMMISSION SHALL REPO RT TO THE JUSTICE 15 | |
| 734 | - | REINVESTMENT OVERSIGHT BOARD ON THE OUTCOMES OF PAROLE 16 | |
| 735 | - | CONSIDERATIONS MADE UNDER THIS SECTION , INCLUDING: 17 | |
| 498 | + | (2) “Victim” has the meaning stated in § 11–104 of the Criminal Procedure 12 | |
| 499 | + | Article. 13 | |
| 736 | 500 | ||
| 737 | - | ( | |
| 738 | - | ||
| 501 | + | (3) “Victim’s representative” has the meaning stated in § 11–104 of the 14 | |
| 502 | + | Criminal Procedure Article. 15 | |
| 739 | 503 | ||
| 740 | - | (2) THE REASON FOR EACH DECISION TO RELEASE AN INCARCERATED 20 | |
| 741 | - | INDIVIDUAL ON PAROLE ; 21 | |
| 504 | + | (b) (1) At least 90 days before an incarcerated individual’s parole release 16 | |
| 505 | + | hearing, the Department shall notify the victim or the victim’s representative in writing, 17 | |
| 506 | + | directed to the most current address on file, that the parole release hearing has been 18 | |
| 507 | + | scheduled if: 19 | |
| 742 | 508 | ||
| 743 | - | ( | |
| 744 | - | ||
| 509 | + | (i) the victim or the victim’s representative filed a notification 20 | |
| 510 | + | request form under § 11–104 of the Criminal Procedure Article; or 21 | |
| 745 | 511 | ||
| 746 | - | (4) OF THE NUMBER OF INC ARCERATED INDIVIDUAL S WHO ARE 24 | |
| 747 | - | RELEASED ON PAROLE , THE NUMBER OF INDIVI DUALS WHO ARE CONVIC TED OF AN 25 | |
| 748 | - | OFFENSE COMMITTED AF TER RELEASE; 26 | |
| 512 | + | (ii) the victim makes a written request to the Department for 22 | |
| 513 | + | notification and maintains a current address on file with the Department. 23 | |
| 749 | 514 | ||
| 750 | - | (5) THE AVERAGE TIME BET WEEN WHEN AN INCARCE RATED 27 | |
| 751 | - | INDIVIDUAL BECOMES E LIGIBLE FOR PAROLE C ONSIDERATI ON UNDER THIS SECTIO N 28 | |
| 752 | - | AND WHEN THE INCARCE RATED INDIVIDUAL REC EIVES THE FIRST PARO LE HEARING 29 | |
| 753 | - | REQUIRED BY THIS SEC TION; AND 30 | |
| 515 | + | (2) The victim may designate in writing to the Department the name and 24 | |
| 516 | + | address of a representative who is a resident of the State to receive notice for the victim. 25 | |
| 754 | 517 | ||
| 755 | - | (6) THE AVERAGE TIME BET WEEN PAROLE HEARINGS FOR 31 | |
| 756 | - | INCARCERATED INDIVID UALS WHO ARE SUBJECT TO THIS SECTION. 32 | |
| 757 | - | HOUSE BILL 1123 17 | |
| 518 | + | (c) (1) Not later than 30 days after the date of the Department’s notice under 26 | |
| 519 | + | subsection (b) of this section, the victim of a crime may submit to the Department a written 27 | |
| 520 | + | request that the Division of Parole and Probation be required to complete an updated victim 28 | |
| 521 | + | impact statement. 29 | |
| 522 | + | ||
| 523 | + | (2) If the victim submits a request as authorized by paragraph (1) of this 30 | |
| 524 | + | subsection, the Department shall direct the Division of Parole and Probation to: 31 | |
| 525 | + | ||
| 526 | + | (i) complete the updated statement at least 30 days before the 32 | |
| 527 | + | parole release hearing; and 33 12 HOUSE BILL 1123 | |
| 758 | 528 | ||
| 759 | 529 | ||
| 760 | - | (I) (1) THE COMMISSION SHALL ADOPT REGULA TIONS TO IMPLEMENT 1 | |
| 761 | - | THE PROVISIONS OF TH IS SECTION. 2 | |
| 762 | 530 | ||
| 763 | - | (2) THE REGULATIONS REQUI RED BY THIS SUBSECTI ON SHALL 3 | |
| 764 | - | INCLUDE A REQUIREMEN T THAT THE DEPARTMENT PROVIDE AN Y INCARCERATED 4 | |
| 765 | - | INDIVIDUAL SUBJECT T O THIS SECTION WITH INFORMATION ON THE R EGULATIONS 5 | |
| 766 | - | AT LEAST ONCE EVERY YEAR. 6 | |
| 531 | + | (ii) send promptly the updated victim impact statement to the 1 | |
| 532 | + | Commission. 2 | |
| 767 | 533 | ||
| 768 | - | ||
| 534 | + | (d) A victim may: 3 | |
| 769 | 535 | ||
| 770 | - | ||
| 536 | + | (1) at least 30 days before the parole release hearing: 4 | |
| 771 | 537 | ||
| 772 | - | | |
| 773 | - | ||
| 538 | + | (i) make a written recommendation to the Commission on the 5 | |
| 539 | + | advisability of releasing the incarcerated individual on parole; and 6 | |
| 774 | 540 | ||
| 775 | - | (2) A person sentenced under this section may petition for and be granted 11 | |
| 776 | - | parole if the person: 12 | |
| 541 | + | (ii) request that the incarcerated individual be prohibited from 7 | |
| 542 | + | having any contact with the victim as a condition of parole, mandatory supervision, work 8 | |
| 543 | + | release, or other administrative release; and 9 | |
| 777 | 544 | ||
| 778 | - | ( | |
| 545 | + | (2) request a meeting with a commissioner. 10 | |
| 779 | 546 | ||
| 780 | - | (ii) has served at least 15 years of the sentence imposed under this 14 | |
| 781 | - | section. 15 | |
| 547 | + | (e) The Commission shall make an updated victim impact statement and a 11 | |
| 548 | + | victim’s written recommendation available for review by the incarcerated individual or the 12 | |
| 549 | + | incarcerated individual’s representative under § 7–303(b) of this title. 13 | |
| 782 | 550 | ||
| 783 | - | ( | |
| 784 | - | ||
| 551 | + | (f) The Commission shall consider an updated victim impact statement or 14 | |
| 552 | + | victim’s written recommendation at the parole release hearing. 15 | |
| 785 | 553 | ||
| 786 | - | Article – State Government 18 | |
| 554 | + | (g) If a victim requested an open hearing under § 7–304 of this title, the victim 16 | |
| 555 | + | may present oral testimony at the incarcerated individual’s parole release hearing in a 17 | |
| 556 | + | manner established in regulations adopted by the Commission. 18 | |
| 787 | 557 | ||
| 788 | - | 9–3201. 19 | |
| 558 | + | (h) The Department shall notify promptly the victim or the victim’s 19 | |
| 559 | + | representative of the decision of the Commission regarding parole for the incarcerated 20 | |
| 560 | + | individual. 21 | |
| 789 | 561 | ||
| 790 | - | ||
| 562 | + | Article – State Government 22 | |
| 791 | 563 | ||
| 792 | - | ||
| 564 | + | 9–3201. 23 | |
| 793 | 565 | ||
| 794 | - | (c) “Executive Director” means the Executive Director of the Governor’s Office of 22 | |
| 795 | - | Crime Prevention and Policy. 23 | |
| 566 | + | (a) In this subtitle the following words have the meanings indicated. 24 | |
| 796 | 567 | ||
| 797 | - | (d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 24 | |
| 798 | - | of this subtitle. 25 | |
| 568 | + | (b) “Board” means the Justice Reinvestment Oversight Board. 25 | |
| 799 | 569 | ||
| 800 | - | 9–3207. 26 | |
| 570 | + | (c) “Executive Director” means the Executive Director of the Governor’s Office of 26 | |
| 571 | + | Crime Prevention and Policy. 27 | |
| 801 | 572 | ||
| 802 | - | ( | |
| 803 | - | ||
| 804 | - | ||
| 805 | - | ||
| 573 | + | (d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 28 | |
| 574 | + | of this subtitle. 29 | |
| 575 | + | ||
| 576 | + | 9–3207. 30 HOUSE BILL 1123 13 | |
| 806 | 577 | ||
| 807 | 578 | ||
| 808 | - | and the prison population as measured on October 1, 2018, the comparison day, and the 1 | |
| 809 | - | variable cost of incarceration. 2 | |
| 810 | 579 | ||
| 811 | - | (2) If the prison population on the comparison day is less than the prison 3 | |
| 812 | - | population on the baseline day, the Board shall determine a savings based on the difference 4 | |
| 813 | - | in the prison population multiplied by the variable cost. 5 | |
| 580 | + | (b) (1) In collaboration with the Department of Public Safety and Correctional 1 | |
| 581 | + | Services, the Board shall determine the annual savings from the implementation of the 2 | |
| 582 | + | recommendations of the Justice Reinvestment Coordinating Council based on the 3 | |
| 583 | + | difference between the prison population as measured on October 1, 2017, the baseline day, 4 | |
| 584 | + | and the prison population as measured on October 1, 2018, the comparison day, and the 5 | |
| 585 | + | variable cost of incarceration. 6 | |
| 814 | 586 | ||
| 815 | - | ( | |
| 816 | - | population on | |
| 817 | - | ||
| 587 | + | (2) If the prison population on the comparison day is less than the prison 7 | |
| 588 | + | population on the baseline day, the Board shall determine a savings based on the difference 8 | |
| 589 | + | in the prison population multiplied by the variable cost. 9 | |
| 818 | 590 | ||
| 819 | - | (4) If a prison population decline causes a correctional unit, wing, or facility 9 | |
| 820 | - | to close, the Board shall conduct an assessment to determine the savings from the closure 10 | |
| 821 | - | and distribute the savings, realized annually, according to the schedule in paragraph (5) of 11 | |
| 822 | - | this subsection. 12 | |
| 591 | + | (3) The Board annually shall determine the difference between the prison 10 | |
| 592 | + | population on October 1, 2017, and the prison population on October 1 of the current year 11 | |
| 593 | + | and calculate any savings in accordance with paragraph (2) of this subsection. 12 | |
| 823 | 594 | ||
| 824 | - | (5) The Board annually shall recommend that the savings identified in 13 | |
| 825 | - | paragraphs (2) through (4) of this subsection be distributed as follows: 14 | |
| 595 | + | (4) If a prison population decline causes a correctional unit, wing, or facility 13 | |
| 596 | + | to close, the Board shall conduct an assessment to determine the savings from the closure 14 | |
| 597 | + | and distribute the savings, realized annually, according to the schedule in paragraph (5) of 15 | |
| 598 | + | this subsection. 16 | |
| 826 | 599 | ||
| 827 | - | ( | |
| 828 | - | ||
| 600 | + | (5) The Board annually shall recommend that the savings identified in 17 | |
| 601 | + | paragraphs (2) through (4) of this subsection be distributed as follows: 18 | |
| 829 | 602 | ||
| 830 | - | (ii) subject to paragraph (6) of this subsection, the remaining savings 17 | |
| 831 | - | shall be used for additional services identified as reinvestment priorities in the Justice 18 | |
| 832 | - | Reinvestment Coordinating Council’s Final Report. 19 | |
| 603 | + | (i) up to 50% of the savings shall be placed in the Performance 19 | |
| 604 | + | Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 20 | |
| 833 | 605 | ||
| 834 | - | (6) The Board may recommend that a portion of the remaining savings 20 | |
| 835 | - | identified under paragraph (5)(ii) of this subsection be: 21 | |
| 606 | + | (ii) subject to paragraph (6) of this subsection, the remaining savings 21 | |
| 607 | + | shall be used for additional services identified as reinvestment priorities in the Justice 22 | |
| 608 | + | Reinvestment Coordinating Council’s Final Report. 23 | |
| 836 | 609 | ||
| 837 | - | (i) used for the development and implementation of a 22 | |
| 838 | - | post–secondary education and workforce training program for each correctional institution 23 | |
| 839 | - | in the Division of Correction that provides incarcerated individuals with the requisite 24 | |
| 840 | - | training, certifications, and experience to obtain careers in in–demand job sectors; [or] 25 | |
| 610 | + | (6) The Board may recommend that a portion of the remaining savings 24 | |
| 611 | + | identified under paragraph (5)(ii) of this subsection be: 25 | |
| 841 | 612 | ||
| 842 | - | (ii) for fiscal year 2025 only, distributed to the Office of the 26 | |
| 843 | - | Correctional Ombudsman; OR 27 | |
| 613 | + | (i) used for the development and implementation of a 26 | |
| 614 | + | post–secondary education and workforce training program for each correctional institution 27 | |
| 615 | + | in the Division of Correction that provides incarcerated individuals with the requisite 28 | |
| 616 | + | training, certifications, and experience to obtain careers in in–demand job sectors; [or] 29 | |
| 844 | 617 | ||
| 845 | - | (III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 28 | |
| 846 | - | FOR THE PURPOSE OF H IRING PSYCHOLOGISTS TO PERFORM RISK ASSE SSMENTS OF 29 | |
| 847 | - | CANDIDATES FOR ELDER GERIATRIC PAROLE UNDER § 7–310 OF THE 30 | |
| 848 | - | CORRECTIONAL SERVICES ARTICLE. 31 | |
| 618 | + | (ii) for fiscal year 2025 only, distributed to the Office of the 30 | |
| 619 | + | Correctional Ombudsman; OR 31 | |
| 849 | 620 | ||
| 850 | - | | |
| 851 | - | ||
| 852 | - | ||
| 853 | - | ||
| 621 | + | (III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 32 | |
| 622 | + | FOR THE PURPOSE OF H IRING PSYCHOLOGISTS TO PERFORM RISK ASSE SSMENTS OF 33 | |
| 623 | + | CANDIDATES FOR ELDER PAROLE UNDER § 7–310 OF THE CORRECTIONAL SERVICES 34 | |
| 624 | + | ARTICLE. 35 14 HOUSE BILL 1123 | |
| 854 | 625 | ||
| 855 | 626 | ||
| 856 | - | (1) § 7–309 of the Correctional Services Article, as enacted by Section 1 of 1 | |
| 857 | - | this Act; and 2 | |
| 858 | 627 | ||
| 859 | - | (2) § 7–310 of the Correctional Services Article, as enacted by Section 1 of 3 | |
| 860 | - | this Act. 4 | |
| 861 | - | ||
| 862 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 863 | - | October 1, 2025. 6 | |
| 628 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 629 | + | October 1, 2025. 2 | |
| 864 | 630 | ||
| 865 | 631 | ||
| 866 | 632 | ||
| 867 | 633 | ||
| 868 | 634 | Approved: | |
| 869 | 635 | ________________________________________________________________________________ | |
| 870 | 636 | Governor. | |
| 871 | 637 | ________________________________________________________________________________ | |
| 872 | 638 | Speaker of the House of Delegates. | |
| 873 | 639 | ________________________________________________________________________________ | |
| 874 | 640 | President of the Senate. |