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.
Italics indicate opposite chamber/conference committee amendments.
*hb1123*
HOUSE BILL 1123
E5 (5lr3080)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Bartlett and Charkoudian, Charkoudian, Crutchfield,
Embry, Simmons, Phillips, Stinnett, Taylor, Simpson, Conaway, Kaufman,
and Williams
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Correctional Services – Medical and Elder Geriatric and Medical 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 2 HOUSE BILL 1123
of certain savings be distributed to the Commission for a certain purpose; and 1
generally relating to medical and elder parole requiring the Maryland Parole 2
Commission to consider the age of an incarcerated individual when determining 3
whether to grant parole; altering how the Commission evaluates a request for medical 4
parole, including providing for a meeting between the incarcerated individual and 5
the Commission under certain circumstances; requiring the Commission to develop 6
procedures for assessing parole requests by certain incarcerated individuals; 7
repealing the authorization for the Governor to disapprove of a decision by the 8
Commission to grant medical parole to an incarcerated individual; requiring the 9
Department of Public Safety and Correctional Services to submit to the Commission 10
the names of certain individuals at a certain time; requiring the Commission to 11
conduct a risk assessment for a certain individual at a certain time; requiring the 12
Commission to conduct a certain parole release hearing and determine whether a 13
certain incarcerated individual is suitable for parole at a certain time; repealing a 14
certain provision related to geriatric parole; authorizing the Justice Reinvestment 15
Oversight Board to recommend that a portion of certain savings be distributed to the 16
Commission for a certain purpose; and generally relating to geriatric and medical 17
parole. 18
BY repealing and reenacting, with amendments, 19
Article – Correctional Services 20
Section 7–305 and 7–309 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – Correctional Services 25
Section 7–310 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2024 Supplement) 28
BY repealing and reenacting, without amendments, 29
Article – Correctional Services 30
Section 7–801 31
Annotated Code of Maryland 32
(2017 Replacement Volume and 2024 Supplement) 33
BY repealing 34
Article – Criminal Law 35
Section 14–101(f) 36
Annotated Code of Maryland 37
(2021 Replacement Volume and 2024 Supplement) 38
BY repealing and reenacting, without amendments, 39
Article – State Government 40
Section 9–3201 41
Annotated Code of Maryland 42 HOUSE BILL 1123 3
(2021 Replacement Volume and 2024 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – State Government 3
Section 9–3207(b) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Correctional Services 9
7–305. 10
Each hearing examiner and commissioner determining whether an incarcerated 11
individual is suitable for parole, and the Commission before entering into a predetermined 12
parole release agreement, shall consider: 13
(1) the circumstances surrounding the crime; 14
(2) the physical, mental, and moral qualifications of the incarcerated 15
individual; 16
(3) the progress of the incarcerated individual during confinement, 17
including the academic progress of the incarcerated individual in the mandatory education 18
program required under § 22–102 of the Education Article; 19
(4) a report on a drug or alcohol evaluation that has been conducted on the 20
incarcerated individual, including any recommendations concerning the incarcerated 21
individual’s amenability for treatment and the availability of an appropriate treatment 22
program; 23
(5) whether, TAKING INTO ACCOUNT THE TOTALITY OF THE 24
CIRCUMSTANCES INCLUD ING THE AGE OF THE I NCARCERATED INDIVIDU AL, there is 25
reasonable probability that the incarcerated individual, if released on parole, will [remain 26
at liberty without violating the law] NOT RECIDIVATE ; 27
(6) whether release of the incarcerated individual on parole is compatible 28
with [the welfare of society] PUBLIC SAFETY ; 29
(7) an updated victim impact statement or recommendation prepared under 30
§ 7–801 of this title; 31
(8) any recommendation made by the sentencing judge at the time of 32
sentencing; 33 4 HOUSE BILL 1123
(9) any information that is presented to a commissioner at a meeting with 1
the victim; 2
(10) any testimony presented to the Commission by the victim or the victim’s 3
designated representative under § 7–801 of this title; and 4
(11) compliance with the case plan developed under § 7–301.1 of this subtitle 5
or § 3–601 of this article. 6
7–309. 7
(a) This section applies to any incarcerated individual who is sentenced to a term 8
of incarceration for which all sentences being served, including any life sentence, are with 9
the possibility of parole. 10
(b) An incarcerated individual who is so chronically debilitated or incapacitated 11
by a medical or mental health condition, disease, or syndrome as to be physically incapable 12
of presenting a danger to society may be released on medical parole at any time during the 13
term of that incarcerated individual’s sentence, without regard to the eligibility standards 14
specified in § 7–301 of this subtitle. 15
(c) (1) A request for a medical parole under this section may be filed with the 16
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
(d) Following review of the request, the Commission may: 26
(1) find the request to be inconsistent with the best interests of public 27
safety and take no further action; or 28
(2) request that department or local correctional facility personnel provide 29
information for formal consideration of parole release. 30 HOUSE BILL 1123 5
(e) The information to be considered by the Commission before granting medical 1
parole shall, at a minimum, include: 2
(1) (i) a recommendation by the medical professional treating the 3
incarcerated individual under contract with the Department or local correctional facility; 4
or 5
(ii) if requested by an individual identified in subsection (c)(1) of this 6
section, one medical evaluation conducted at no cost to the incarcerated individual by a 7
medical professional who is independent from the Division of Correction or local 8
correctional facility; 9
(2) the incarcerated individual’s medical information, including: 10
(i) a description of the incarcerated individual’s condition, disease, 11
or syndrome; 12
(ii) a prognosis concerning the likelihood of recovery from the 13
condition, disease, or syndrome; 14
(iii) a description of the incarcerated individual’s physical incapacity 15
and score on the Karnofsky Performance Scale Index or similar classification of physical 16
impairment; and 17
(iv) a mental health evaluation, where relevant; 18
(3) discharge information, including: 19
(i) availability of treatment or professional services within the 20
community; 21
(ii) family support within the community; and 22
(iii) housing availability, including hospital or hospice care; and 23
(4) case management information, including: 24
(i) the circumstances of the current offense; 25
(ii) institutional history; 26
(iii) pending charges, sentences in other jurisdictions, and any other 27
detainers; and 28
(iv) criminal history information. 29
6 HOUSE BILL 1123
(f) The Commission may require as a condition of release on medical parole that: 1
(1) the parolee agree to placement for a definite or indefinite period of time 2
in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 3
condition, including the family home of the parolee, as specified by the Commission or the 4
supervising agent; and 5
(2) the parolee forward authentic copies of applicable medical records to 6
indicate that the particular medical condition giving rise to the release continues to exist. 7
(g) (1) If the Commission has reason to believe that a parolee is no longer so 8
debilitated or incapacitated as to be physically incapable of presenting a danger to society, 9
the parolee shall be returned to the custody of the Division of Correction or the local 10
correctional facility from which the incarcerated individual was released. 11
(2) (i) A parole hearing for a parolee returned to custody shall be held 12
to consider whether the parolee remains incapacitated and shall be heard promptly. 13
(ii) A parolee returned to custody under this subsection shall be 14
maintained in custody, if the incapacitation is found to no longer exist. 15
(3) An incarcerated individual whose medical parole is revoked for lack of 16
continued incapacitation may be considered for parole in accordance with the eligibility 17
requirements specified in § 7–301 of this subtitle. 18
(h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 19
victim notification and opportunity to be heard shall apply to proceedings relating to 20
medical parole. 21
(2) In cases of imminent death, time limits relating to victim notification 22
and opportunity to be heard may be reduced or waived in the discretion of the Commission. 23
(i) [(1) If the Commission decides to grant medical parole to an incarcerated 24
individual sentenced to life imprisonment, the decision shall be transmitted to the 25
Governor. 26
(2) The Governor may disapprove the decision by written transmittal to 27
the Commission. 28
(3) If the Governor does not disapprove the decision within 180 days after 29
receipt of the written transmittal, the decision becomes effective. 30
(j)] The Commission shall issue regulations to implement the provisions of this 31
section. 32
HOUSE BILL 1123 7
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 3
HAVING A DIAGNOSABLE MEDICAL CONDITION TH AT IS UNLIKELY TO IM PROVE IN 4
THE FUTURE AND SUBST ANTIALLY DIMINISHES THE ABILITY OF THE I NDIVIDUAL TO 5
PROVIDE SELF–CARE. 6
(II) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” 7
INCLUDES CONDITIONS SUCH AS DEMENTIA OR A SEVERE, PERMANENT MEDICAL OR 8
COGNITIVE DISABILITY IF THE CONDITION SUB STANTIALLY DIMINISHE S THE 9
ABILITY OF THE INDIV IDUAL TO PROVIDE SEL F–CARE. 10
(3) “TERMINAL ILLNESS ” MEANS A DISEASE OR C ONDITION WITH AN 11
END–OF–LIFE TRAJECTORY . 12
(B) This section applies to any incarcerated individual who is sentenced to a term 13
of incarceration for which all sentences being served, including any life sentence, are with 14
the possibility of parole. 15
[(b)] (C) An incarcerated individual [who is so chronically debilitated or 16
incapacitated by a medical or mental health condition, disease, or syndrome as to be 17
physically incapable of presenting a danger to society] may be released on medical parole 18
at any time during the term of that incarcerated individual’s sentence, without regard to 19
the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED PHYSIC IAN 20
HAS DETERMINED THAT THE INCARCERATED IND IVIDUAL: 21
(1) (I) IS CHRONICALLY DEBIL ITATED OR INCAPACITA TED; OR 22
(II) SUFFERS FROM A TERMI NAL ILLNESS; AND 23
(2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 24
HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; AND 25
(II) 1. HAS BEEN RENDERED PHYSICALLY INCAPABLE OF 26
PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 27
CONDITION, DISEASE, OR SYNDROME ; OR 28
2. IS NO LONGER A DANGE R TO PUBLIC SAFETY . 29
(D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 30
BEFORE GRANTING MEDICAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 31
8 HOUSE BILL 1123
(I) 1. A RECOMMENDATION BY THE MEDICAL 1
PROFESSIONAL TREATIN G THE INCARCERATED I NDIVIDUAL UNDER CONT RACT 2
WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 3
2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 4
SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 5
NO COST TO THE INCAR CERATED INDIVIDUAL B Y A LICENSED PHYSICI AN WHO IS 6
INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 7
FACILITY; 8
(II) THE INCARCERATED IND IVIDUAL’S MEDICAL 9
INFORMATION , INCLUDING: 10
1. A DESCRIPTION OF THE INCARCERATED 11
INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 12
2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 13
RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 14
3. A DESCRIPTION OF THE INCARCERATED 15
INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 16
4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 17
(III) DISCHARGE INFORMATIO N, INCLUDING: 18
1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 19
SERVICES WITHIN THE COMMUNITY ; 20
2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 21
3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 22
HOSPICE CARE ; AND 23
(IV) CASE MANAGEMENT INFO RMATION, INCLUDING: 24
1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 25
2. INSTITUTIONAL HISTOR Y; 26
3. PENDING CHARGES , SENTENCES IN OTHER 27
JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 28
4. CRIMINAL HISTORY INF ORMATION. 29 HOUSE BILL 1123 9
(2) IF A MEDICAL EVALUATI ON IS REQUESTED UNDE R PARAGRAPH 1
(1)(I)2 OF THIS SUBSECTION : 2
(I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 3
EXAMINATION OF THE I NCARCERATED INDIVIDUAL ; AND 4
(II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 5
THE FINDINGS OF THE EVALUATION AND ANY M EDICAL CONDITION DET AILED IN 6
THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 7
[(c)] (E) (1) A request for a medical parole under this section may be filed 8
with the Maryland Parole Commission by: 9
(i) the incarcerated individual seeking the medical parole; 10
(ii) an attorney; 11
(iii) a prison official or employee; 12
(iv) a medical professional; 13
(v) a family member; or 14
(vi) any other person. 15
(2) The request shall be in writing and shall articulate the grounds that 16
support the appropriateness of granting the medical parole. 17
(F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 18
INDIVIDUAL’S REPRESENTA TIVE MAY REQUEST A M EETING WITH THE COMMISSION. 19
(2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 20
THIS SUBSECTION : 21
(I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 22
MEETING FOR ANY INCA RCERATED INDIVIDUAL : 23
1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 24
FACILITY; 25
2. CURRENTLY HOSPITALIZ ED OUTSIDE A 26
CORRECTIONAL FACILIT Y; OR 27
10 HOUSE BILL 1123
3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 1
INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 2
CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 3
(II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 4
REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DO ES NOT 5
MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 6
[(d)] (G) 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] DEPARTMENT or local correctional facility 10
personnel provide 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 C orrection 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
(i) availability of treatment or professional services within the 31
community; 32 HOUSE BILL 1123 11
(ii) family support within the community; and 1
(iii) housing availability, including hospital or hospice care; and 2
(4) case management information, including: 3
(i) the circumstances of the current offense; 4
(ii) institutional history; 5
(iii) pending charges, sentences in other jurisdictions, and any other 6
detainers; and 7
(iv) criminal history information.] 8
[(f)] (H) The Commission may require as a condition of release on medical parole 9
that: 10
(1) the parolee agree to placement for a definite or indefinite period of time 11
[in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDE R AND IN 12
A housing accommodation suitable to the parolee’s medical condition, including the family 13
home of the parolee, as specified by the Commission or the supervising agent; and 14
(2) the parolee forward authentic copies of applicable medical records to 15
indicate that the particular medical condition giving rise to the release continues to exist. 16
[(g)] (I) (1) If the Commission has reason to believe that a parolee is no 17
longer so debilitated or incapacitated as to be physically incapable of presenting a danger 18
to society, the parolee shall be returned to the custody of the Division of Correction or the 19
local correctional facility from which the incarcerated individual was released. 20
(2) (i) A parole hearing for a parolee returned to custody shall be held 21
to consider whether the parolee remains incapacitated and shall be heard promptly. 22
(ii) A parolee returned to custody under this subsection shall be 23
maintained in custody, if the incapacitation is found to no longer exist. 24
(3) An incarcerated individual whose medical parole is revoked for lack of 25
continued incapacitation may be considered for parole in accordance with the eligibility 26
requirements specified in § 7–301 of this subtitle A PAROLEE SHALL BE RET URNED TO 27
THE CUSTODY OF THE DIVISION OF CORRECTION OR THE LOC AL CORRECTIONAL 28
FACILITY FROM WHICH THE PAROLEE WAS RELE ASED IF A LICENSED P HYSICIAN HAS 29
DETERMINED THAT THE PAROLEE: 30
12 HOUSE BILL 1123
(1) (I) IS NO LONGER CHRONIC ALLY DEBILITATED OR 1
INCAPACITATED ; OR 2
(II) NO LONGER SUFFERS FR OM A TERMINAL ILLNE SS; AND 3
(2) (I) NO LONGER REQUIRES E XTENDED MEDICAL MANA GEMENT 4
WITH HEALTH CARE NEE DS THAT WOULD BE BET TER MET BY COMMUNITY SERVICES; 5
AND 6
(II) 1. IS NO LONGER PHYSICA LLY INCAPABLE OF 7
PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H CONDITION, 8
DISEASE, OR SYNDROME ; OR 9
2. IS A DANGER TO SOCIE TY. 10
[(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 11
THAT IS LIKELY TO OC CUR WITHIN 6 MONTHS. 12
(2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 13
relating to victim notification and opportunity to be heard shall apply to proceedings 14
relating to medical parole. 15
[(2)] (3) In cases of imminent death, time limits relating to victim 16
notification and opportunity to be heard may be reduced or waived in the discretion of the 17
Commission. 18
[(i) (1) If the Commission decides to grant medical parole to an incarcerated 19
individual sentenced to life imprisonment, the decision shall be transmitted to the 20
Governor. 21
(2) The Governor may disapprove the decision by written transmittal to 22
the Commission. 23
(3) If the Governor does not disapprove the decision within 180 days after 24
receipt of the written transmittal, the decision becomes effective.] 25
[(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 26
provisions of this section. 27
7–310. 28
(A) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 29
COMMISSION THE NAMES OF EACH INCARCERATED INDIVIDUAL WHO : 30
(1) IS AT LEAST 60 YEARS OLD; 31 HOUSE BILL 1123 13
(2) HAS BEEN INCARCERATE D FOR A CONTINUOUS P ERIOD OF AT 1
LEAST 20 YEARS; 2
(3) HAS HAD NO MAJOR DIS CIPLINARY INFRACTION S WITHIN THE 3
PREVIOUS 3–YEAR PERIOD; AND 4
(4) IS NOT SERVING A SEN TENCE OF LIFE WITHOU T THE POSSIBILITY 5
OF PAROLE. 6
(B) WITHIN 60 DAYS OF RECEIPT OF A NAME OF AN INCARCERA TED 7
INDIVIDUAL UNDER SUBSECTION (A) OF THIS SECTION , THE COMMISSION SHALL 8
CONDUCT A RISK ASSES SMENT FOR THE INCARC ERATED INDIVIDUAL . 9
(C) ON COMPLETION OF THE RISK ASSESSMENT , THE COMMISSION SHALL 10
CONDUCT A PAROLE REL EASE HEARING UNDER § 7–306 OR § 7–307 OF THIS 11
SUBTITLE AND DETERMI NE WHETHER THE INCAR CERATED INDIVIDUAL I S SUITABLE 12
FOR PAROLE. 13
7–801. 14
(a) (1) In this subtitle the following words have the meanings indicated. 15
(2) “Victim” has the meaning stated in § 11–104 of the Criminal Procedure 16
Article. 17
(3) “Victim’s representative” has the meaning stated in § 11–104 of the 18
Criminal Procedure Article. 19
(b) (1) At least 90 days before an incarcerated individual’s parole release 20
hearing, the Department shall notify the victim or the victim’s representative in writing, 21
directed to the most current address on file, that the parole release hearing has been 22
scheduled if: 23
(i) the victim or the victim’s representative filed a notification 24
request form under § 11–104 of the Criminal Procedure Article; or 25
(ii) the victim makes a written request to the Department for 26
notification and maintains a current address on file with the Department. 27
(2) The victim may designate in writing to the Department the name and 28
address of a representative who is a resident of the State to receive notice for the victim. 29
(c) (1) Not later than 30 days after the date of the Department’s notice under 30
subsection (b) of this section, the victim of a crime may submit to the Department a written 31 14 HOUSE BILL 1123
request that the Division of Parole and Probation be required to complete an updated victim 1
impact statement. 2
(2) If the victim submits a request as authorized by paragraph (1) of this 3
subsection, the Department shall direct the Division of Parole and Probation to: 4
(i) complete the updated statement at least 30 days before the 5
parole release hearing; and 6
(ii) send promptly the updated victim impact statement to the 7
Commission. 8
(d) A victim may: 9
(1) at least 30 days before the parole release hearing: 10
(i) make a written recommendation to the Commission on the 11
advisability of releasing the incarcerated individual on parole; and 12
(ii) request that the incarcerated individual be prohibited from 13
having any contact with the victim as a condition of parole, mandatory supervision, work 14
release, or other administrative release; and 15
(2) request a meeting with a commissioner. 16
(e) The Commission shall make an updated victim impact statement and a 17
victim’s written recommendation available for review by the incarcerated individual or the 18
incarcerated individual’s representative under § 7–303(b) of this title. 19
(f) The Commission shall consider an updated victim impact statement or 20
victim’s written recommendation at the parole release hearing. 21
(g) If a victim requested an open hearing under § 7–304 of this title, the victim 22
may present oral testimony at the incarcerated individual’s parole release hearing in a 23
manner established in regulations adopted by the Commission. 24
(h) The Department shall notify promptly the victim or th e victim’s 25
representative of the decision of the Commission regarding parole for the incarcerated 26
individual. 27
(A) THIS SECTION APPLIES ONLY TO AN INCARCERA TED INDIVIDUAL WHO : 28
(1) IS AT LEAST 65 YEARS OLD; 29
(2) HAS SERVED AT LEAST 20 YEARS OF INCARCE RATION; 30
HOUSE BILL 1123 15
(3) IS NOT A SEX OFFENDE R, AS DEFINED IN § 11–701 OF THE 1
CRIMINAL PROCEDURE ARTICLE; 2
(4) IS SERVING A TERM OF CONFINEMENT FOR WHIC H ALL SENTENCES 3
BEING SERVED , INCLUDING ANY LIFE S ENTENCE, ARE WITH THE POSSIBI LITY OF 4
PAROLE; AND 5
(5) HAS HAD NO CATEGORY 1A DISCIPLINARY INFRACT IONS WITHIN 6
THE PREVIOUS 3–YEAR PERIOD. 7
(B) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 8
COMMISSION THE NAME O F EACH INCARCERATED INDIVIDUAL WHO MEETS THE 9
QUALIFICATIONS UNDER SUBSECTION (A) OF THIS SECTION. 10
(C) (1) WITHIN 60 DAYS AFTER RECEIPT O F A NAME UNDER SUBSE CTION 11
(B) OF THIS SECTION, THE COMMISSION SHALL ORDE R A RISK ASSESSMENT FOR THE 12
INCARCERATED INDIVID UAL IF THE INDIVIDUA L IS SERVING SENTENC ES FOR 13
MULTIPLE CRIMES OF V IOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW 14
ARTICLE, WITH AN AGGREGATE TE RM OF CONFINEMENT OF 40 YEARS OR MORE . 15
(2) THE COMMISSION MAY ORDER A RISK ASSESSMENT FO R ANY 16
OTHER INCARCERATED I NDIVIDUAL ELIGIBLE F OR PAROLE UNDER THIS SECTION. 17
(D) (1) THE COMMISSION SHALL CO NDUCT A PAROLE RELEA SE HEARING 18
UNDER § 7–306 OR § 7–307 OF THIS SUBTITLE FOR EACH INDIVIDUAL WHOS E NAME 19
IS SUBMITTED UNDER S UBSECTION (B) OF THIS SECTION AND DETERMINE WHETHER 20
THE INCARCERATED IND IVIDUAL IS SUITABLE FOR PAROLE. 21
(2) THE HEARING UNDER THI S SUBSECTION SHALL B E CONDUCTED : 22
(I) AS SOON AS POSSIBLE , IF NO RISK ASSESSMEN T IS 23
ORDERED; OR 24
(II) ON COMPLETION OF ANY RISK ASSESSMENT ORDE RED. 25
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 26
AN INCARCERATED INDI VIDUAL WHO HAS BEEN DENIED PAROLE U NDER THIS 27
SECTION MAY NOT HAVE A SUBSEQUENT PAROLE HEARING FOR 5 YEARS. 28
(2) AN INCARCERATED INDIV IDUAL WHO HAS BEEN D ENIED PAROLE 29
UNDER THIS SECTION M AY HAVE A SUBSEQUENT PAROLE HEARING AT AN Y TIME IF 30
THE COMMISSION DETERMINES THAT E XTRAORDINARY AND COM PELLING 31
CIRCUMSTANCES JUSTIF Y THE SUBSEQUENT PAR OLE HEARING. 32
16 HOUSE BILL 1123
(F) IN ADDITION TO THE FA CTORS SPECIFIED UNDE R § 7–305 OF THIS 1
SUBTITLE, EACH COMMISSION PANEL DETE RMINING WHETHER AN I NCARCERATED 2
INDIVIDUAL IS SUITAB LE FOR PAROLE SHALL CONSIDER AND GIVE WEIG HT TO THE 3
AGE OF THE INCARCERA TED INDIVIDUAL AND T HE IMPACT THAT THE A GE OF THE 4
INCARCERATED INDIVID UAL HAS ON THE RISK THAT THE INCARCERATE D 5
INDIVIDUAL WILL RECI DIVATE. 6
(G) ANY SAVINGS REALIZED BY THE DEPARTMENT AS A RESUL T OF THIS 7
SECTION SHALL BE USE D FOR THE PURPOSE OF : 8
(1) CONDUCTING RISK ASSE SSMENTS FOR INCARCER ATED 9
INDIVIDUALS; 10
(2) CONDUCTING PAROLE HE ARINGS FOR INCARCERA TED 11
INDIVIDUALS; AND 12
(3) PROVIDING PRERELEASE AND REENTRY CASE MAN AGEMENT AND 13
RESOURCES FOR INCARC ERATED INDIVIDUALS WH O ARE RELEASED ON PA ROLE. 14
(H) EVERY YEAR, THE COMMISSION SHALL REPO RT TO THE JUSTICE 15
REINVESTMENT OVERSIGHT BOARD ON THE OUTCOMES OF PAROLE 16
CONSIDERATIONS MADE UNDER THIS SECTION , INCLUDING: 17
(1) THE NUMBER OF INCARC ERATED INDIVIDUA LS WHO ARE SUBJECT 18
TO THIS SECTION WHO ARE DENIED PAROLE AN D RELEASED ON PAROLE ; 19
(2) THE REASON FOR EACH DECISION TO RELEASE AN INCARCERATED 20
INDIVIDUAL ON PAROLE ; 21
(3) THE REASON FOR EACH DECISION TO DENY PAR OLE TO AN 22
INCARCERATED INDIVID UAL; 23
(4) OF THE NUMBER OF INC ARCERATED INDIVIDUAL S WHO ARE 24
RELEASED ON PAROLE , THE NUMBER OF INDIVI DUALS WHO ARE CONVIC TED OF AN 25
OFFENSE COMMITTED AF TER RELEASE; 26
(5) THE AVERAGE TIME BET WEEN WHEN AN INCARCE RATED 27
INDIVIDUAL BECOMES E LIGIBLE FOR PAROLE C ONSIDERATI ON UNDER THIS SECTIO N 28
AND WHEN THE INCARCE RATED INDIVIDUAL REC EIVES THE FIRST PARO LE HEARING 29
REQUIRED BY THIS SEC TION; AND 30
(6) THE AVERAGE TIME BET WEEN PAROLE HEARINGS FOR 31
INCARCERATED INDIVID UALS WHO ARE SUBJECT TO THIS SECTION. 32
HOUSE BILL 1123 17
(I) (1) THE COMMISSION SHALL ADOPT REGULA TIONS TO IMPLEMENT 1
THE PROVISIONS OF TH IS SECTION. 2
(2) THE REGULATIONS REQUI RED BY THIS SUBSECTI ON SHALL 3
INCLUDE A REQUIREMEN T THAT THE DEPARTMENT PROVIDE AN Y INCARCERATED 4
INDIVIDUAL SUBJECT T O THIS SECTION WITH INFORMATION ON THE R EGULATIONS 5
AT LEAST ONCE EVERY YEAR. 6
Article – Criminal Law 7
14–101. 8
[(f) (1) This subsection does not apply to a person registered or eligible for 9
registration under Title 11, Subtitle 7 of the Criminal Procedure Article. 10
(2) A person sentenced under this section may petition for and be granted 11
parole if the person: 12
(i) is at least 60 years old; and 13
(ii) has served at least 15 years of the sentence imposed under this 14
section. 15
(3) The Maryland Parole Commission shall adopt regulations to implement 16
this subsection.] 17
Article – State Government 18
9–3201. 19
(a) In this subtitle the following words have the meanings indicated. 20
(b) “Board” means the Justice Reinvestment Oversight Board. 21
(c) “Executive Director” means the Executive Director of the Governor’s Office of 22
Crime Prevention and Policy. 23
(d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 24
of this subtitle. 25
9–3207. 26
(b) (1) In collaboration with the Department of Public Safety and Correctional 27
Services, the Board shall determine the annual savings from the implementation of the 28
recommendations of the Justice Reinvestment Coordinating Council based on the 29
difference between the prison population as measured on October 1, 2017, the baseline day, 30 18 HOUSE BILL 1123
and the prison population as measured on October 1, 2018, the comparison day, and the 1
variable cost of incarceration. 2
(2) If the prison population on the comparison day is less than the prison 3
population on the baseline day, the Board shall determine a savings based on the difference 4
in the prison population multiplied by the variable cost. 5
(3) The Board annually shall determine the difference between the prison 6
population on October 1, 2017, and the prison population on October 1 of the current year 7
and calculate any savings in accordance with paragraph (2) of this subsection. 8
(4) If a prison population decline causes a correctional unit, wing, or facility 9
to close, the Board shall conduct an assessment to determine the savings from the closure 10
and distribute the savings, realized annually, according to the schedule in paragraph (5) of 11
this subsection. 12
(5) The Board annually shall recommend that the savings identified in 13
paragraphs (2) through (4) of this subsection be distributed as follows: 14
(i) up to 50% of the savings shall be placed in the Performance 15
Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 16
(ii) subject to paragraph (6) of this subsection, the remaining savings 17
shall be used for additional services identified as reinvestment priorities in the Justice 18
Reinvestment Coordinating Council’s Final Report. 19
(6) The Board may recommend that a portion of the remaining savings 20
identified under paragraph (5)(ii) of this subsection be: 21
(i) used for the development and implementation of a 22
post–secondary education and workforce training program for each correctional institution 23
in the Division of Correction that provides incarcerated individuals with the requisite 24
training, certifications, and experience to obtain careers in in–demand job sectors; [or] 25
(ii) for fiscal year 2025 only, distributed to the Office of the 26
Correctional Ombudsman; OR 27
(III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 28
FOR THE PURPOSE OF H IRING PSYCHOLOGISTS TO PERFORM RISK ASSE SSMENTS OF 29
CANDIDATES FOR ELDER GERIATRIC PAROLE UNDER § 7–310 OF THE 30
CORRECTIONAL SERVICES ARTICLE. 31
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Parole 32
Commission shall make efforts to prioritize conducting parole hearings and issuing 33
recommendations for individuals who are eligible for parole under: 34
HOUSE BILL 1123 19
(1) § 7–309 of the Correctional Services Article, as enacted by Section 1 of 1
this Act; and 2
(2) § 7–310 of the Correctional Services Article, as enacted by Section 1 of 3
this Act. 4
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.