| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1147* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1147 | |
| 11 | 8 | E5 5lr3151 | |
| 12 | 9 | ||
| 13 | - | By: Delegate Embry Delegates Embry, Bartlett, Crutchfield, Simmons, Phillips, | |
| 14 | - | Stinnett, Taylor, Conaway, and Kaufman | |
| 10 | + | By: Delegate Embry | |
| 15 | 11 | Introduced and read first time: February 5, 2025 | |
| 16 | 12 | Assigned to: Judiciary | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 4, 2025 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Correctional Services – Maryland Parole Commission – Improvements in 2 | |
| 26 | 19 | Transparency and Equity 3 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of requiring the annual report of the Maryland Parole Commission to 4 | |
| 29 | 22 | include certain information; altering a certain provision of law to require the 5 | |
| 30 | 23 | Commission to provide certain documents to a certain incarcerated individual at a 6 | |
| 31 | 24 | certain time, rather than allow the incarcerated individual to examine the 7 | |
| 32 | 25 | documents on request; requiring the Commission to document, state on the record, 8 | |
| 33 | 26 | provide to an incarcerated individual, and make available to the public certain 9 | |
| 34 | 27 | information; altering the time periods within which the Commission is required to 10 | |
| 35 | 28 | issue certain reports; providing that the Commission does not have the authority to 11 | |
| 36 | 29 | permanently deny parole; providing that a certain incarcerated individual is entitled 12 | |
| 37 | 30 | to a subsequent parole hearing at a certain time; requiring the Commission to record 13 | |
| 38 | - | and transcribe each hearing at a certain time; requiring each hearing transcript 14 | |
| 39 | - | ||
| 40 | - | ||
| 41 | - | ||
| 31 | + | and transcribe each hearing at a certain time; requiring each hearing transcript to 14 | |
| 32 | + | be made available to the public, to be redacted in a certain manner, to be retained 15 | |
| 33 | + | for a certain amount of time, and to contain certain materials; and generally relating 16 | |
| 34 | + | to the Maryland Parole Commission. 17 | |
| 42 | 35 | ||
| 43 | 36 | BY repealing and reenacting, with amendments, 18 | |
| 44 | 37 | Article – Correctional Services 19 | |
| 45 | - | Section 7–208, 7–303, 7–304(b), 7– | |
| 38 | + | Section 7–208, 7–303, 7–304(b), 7–306, and 7–307 20 | |
| 46 | 39 | Annotated Code of Maryland 21 | |
| 47 | 40 | (2017 Replacement Volume and 2024 Supplement) 22 | |
| 41 | + | ||
| 42 | + | BY adding to 23 | |
| 43 | + | Article – Correctional Services 24 | |
| 44 | + | Section 7–307.1 and 7–307.2 25 | |
| 45 | + | Annotated Code of Maryland 26 | |
| 46 | + | (2017 Replacement Volume and 2024 Supplement) 27 | |
| 48 | 47 | 2 HOUSE BILL 1147 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | BY adding to 1 | |
| 52 | - | Article – Correctional Services 2 | |
| 53 | - | Section 7–307.1 and 7–307.2 3 | |
| 54 | - | Annotated Code of Maryland 4 | |
| 55 | - | (2017 Replacement Volume and 2024 Supplement) 5 | |
| 50 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 51 | + | That the Laws of Maryland read as follows: 2 | |
| 56 | 52 | ||
| 57 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 58 | - | That the Laws of Maryland read as follows: 7 | |
| 53 | + | Article – Correctional Services 3 | |
| 59 | 54 | ||
| 60 | - | ||
| 55 | + | 7–208. 4 | |
| 61 | 56 | ||
| 62 | - | ||
| 57 | + | (A) The Commission shall: 5 | |
| 63 | 58 | ||
| 64 | - | ( | |
| 59 | + | (1) maintain a record of its actions; 6 | |
| 65 | 60 | ||
| 66 | - | ( | |
| 61 | + | (2) make an annual report to the Governor of its work; and 7 | |
| 67 | 62 | ||
| 68 | - | (2) make an annual report to the Governor of its work; and 12 | |
| 63 | + | (3) make appropriate recommendations for the improvement of its 8 | |
| 64 | + | functions. 9 | |
| 69 | 65 | ||
| 70 | - | (3) make appropriate recommendations for the improvement of its 13 | |
| 71 | - | functions. 14 | |
| 66 | + | (B) THE ANNUAL REPORT REQ UIRED UNDER SUBSECTI ON (A)(2) OF THIS 10 | |
| 67 | + | SECTION SHALL INCLUD E THE FOLLOWING INFORM ATION, DISAGGREGATED BY 11 | |
| 68 | + | RACE OF THE RELEVANT INCA RCERATED INDIVIDUALS : 12 | |
| 72 | 69 | ||
| 73 | - | (B) THE ANNUAL REPORT REQ UIRED UNDER SUBSECTI ON (A)(2) OF THIS 15 | |
| 74 | - | SECTION SHALL INCLUD E THE FOLLOWING I NFORMATION , DISAGGREGATED BY 16 | |
| 75 | - | RACE OF THE RELEVANT INCA RCERATED INDIVIDUALS : 17 | |
| 70 | + | (1) THE NUMBER OF CASES IN WHICH THE COMMISSION GRANTED 13 | |
| 71 | + | PAROLE; 14 | |
| 76 | 72 | ||
| 77 | - | ( | |
| 78 | - | PAROLE; | |
| 73 | + | (2) THE NUMBER OF CASES IN WHICH THE COMMISSION DENIED 15 | |
| 74 | + | PAROLE AND THE REASON FOR EACH DENIAL; 16 | |
| 79 | 75 | ||
| 80 | - | ( | |
| 81 | - | ||
| 76 | + | (3) THE NUMBER OF INCARCERAT ED INDIVIDUALS WHO W ERE 17 | |
| 77 | + | GRANTED ADMINISTRATI VE RELEASE; 18 | |
| 82 | 78 | ||
| 83 | - | ( | |
| 84 | - | ||
| 79 | + | (4) THE NUMBER OF HEARIN GS HELD AND THE PURP OSE OF EACH 19 | |
| 80 | + | HEARING; AND 20 | |
| 85 | 81 | ||
| 86 | - | ( | |
| 87 | - | ||
| 82 | + | (5) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE 21 | |
| 83 | + | PAROLE–ELIGIBLE BUT HAVE NO T BEEN GRANTED PAROLE. 22 | |
| 88 | 84 | ||
| 89 | - | (5) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE 26 | |
| 90 | - | PAROLE–ELIGIBLE BUT HAVE NO T BEEN GRANTED PAROL E. 27 | |
| 85 | + | 7–303. 23 | |
| 91 | 86 | ||
| 92 | - | 7–303. 28 | |
| 87 | + | (a) Before any hearing on parole release, the Commission shall give the 24 | |
| 88 | + | incarcerated individual: 25 | |
| 93 | 89 | ||
| 94 | - | (a) Before any hearing on parole release, the Commission shall give the 29 | |
| 95 | - | incarcerated individual: 30 HOUSE BILL 1147 3 | |
| 90 | + | (1) adequate and timely written notice of: 26 | |
| 91 | + | ||
| 92 | + | [(1)] (I) the date, time, and place of the hearing; and 27 | |
| 93 | + | HOUSE BILL 1147 3 | |
| 96 | 94 | ||
| 97 | 95 | ||
| 96 | + | [(2)] (II) the factors that the Commission or hearing examiner will 1 | |
| 97 | + | consider in determining whether the incarcerated individual is suitable for parole[. 2 | |
| 98 | 98 | ||
| 99 | - | (1) adequate and timely written notice of: 1 | |
| 99 | + | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 3 | |
| 100 | + | notice also shall indicate that, before the hearing, the incarcerated individual or the 4 | |
| 101 | + | incarcerated individual’s representative may, on request, examine any document]; AND 5 | |
| 100 | 102 | ||
| 101 | - | [(1)] (I) the date, time, and place of the hearing; and 2 | |
| 103 | + | (2) EXCEPT AS PROVIDED I N SUBSECTION (B) OF THIS SECTION , 6 | |
| 104 | + | COPIES OF ALL DOCUME NTS that the Commission or hearing examiner will use in 7 | |
| 105 | + | determining whether the incarcerated individual is suitable for parole. 8 | |
| 102 | 106 | ||
| 103 | - | [( | |
| 104 | - | ||
| 107 | + | [(ii)] (B) (1) A document, or a portion of it, is not available for 9 | |
| 108 | + | examination[,] if the Commission determines that: 10 | |
| 105 | 109 | ||
| 106 | - | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 5 | |
| 107 | - | notice also shall indicate that, before the hearing, the incarcerated individual or the 6 | |
| 108 | - | incarcerated individual’s representative may, on request, examine any document]; AND 7 | |
| 110 | + | [1.] (I) the document or portion contains a diagnostic 11 | |
| 111 | + | opinion; 12 | |
| 109 | 112 | ||
| 110 | - | (2) EXCEPT AS PROVIDED I N SUBSECTION (B) OF THIS SECTION , 8 | |
| 111 | - | COPIES OF ALL DOCUME NTS that the Commission or hearing examiner will use in 9 | |
| 112 | - | determining whether the incarcerated individual is suitable for parole. 10 | |
| 113 | + | [2.] (II) the incarcerated individual’s knowledge of the 13 | |
| 114 | + | document or portion would disrupt seriously a program of rehabilitation; 14 | |
| 113 | 115 | ||
| 114 | - | [ | |
| 115 | - | ||
| 116 | + | [3.] (III) the document or portion contains sources of 15 | |
| 117 | + | information obtained on a promise of confidentiality; or 16 | |
| 116 | 118 | ||
| 117 | - | [1.] (I) the document or portion contains a diagnostic 13 | |
| 118 | - | opinion; 14 | |
| 119 | + | [4.] (IV) the document or portion is otherwise privileged. 17 | |
| 119 | 120 | ||
| 120 | - | [2.] (II) the incarcerated individual’s knowledge of the 15 | |
| 121 | - | document or portion would disrupt seriously a program of rehabilitation; 16 | |
| 121 | + | [(iii)] (2) If the Commission determines that a document or a 18 | |
| 122 | + | portion of it is not available for examination, the Commission shall notify the incarcerated 19 | |
| 123 | + | individual that: 20 | |
| 122 | 124 | ||
| 123 | - | [ | |
| 124 | - | ||
| 125 | + | [1.] (I) the document or portion is not available for 21 | |
| 126 | + | examination; and 22 | |
| 125 | 127 | ||
| 126 | - | [4.] (IV) the document or portion is otherwise privileged. 19 | |
| 128 | + | [2.] (II) on request and if appropriate, the Commission will 23 | |
| 129 | + | provide the incarcerated individual or the incarcerated individual’s representative with the 24 | |
| 130 | + | substance of any information contained in the document or portion. 25 | |
| 127 | 131 | ||
| 128 | - | [(iii)] (2) If the Commission determines that a document or a 20 | |
| 129 | - | portion of it is not available for examination, the Commission shall notify the incarcerated 21 | |
| 130 | - | individual that: 22 | |
| 132 | + | [(2)] (C) The Commission shall delete the address and phone number of 26 | |
| 133 | + | the victim or the victim’s designated representative from a document before the 27 | |
| 134 | + | incarcerated individual or the incarcerated individual’s representative examines the 28 | |
| 135 | + | document. 29 | |
| 131 | 136 | ||
| 132 | - | [1.] (I) the document or portion is not available for 23 | |
| 133 | - | examination; and 24 | |
| 137 | + | 7–304. 30 | |
| 134 | 138 | ||
| 135 | - | [2.] (II) on request and if appropriate, the Commission will 25 | |
| 136 | - | provide the incarcerated individual or the incarcerated individual’s representative with the 26 | |
| 137 | - | substance of any information contained in the document or portion. 27 | |
| 138 | - | ||
| 139 | - | [(2)] (C) The Commission shall delete the address and phone number of 28 | |
| 140 | - | the victim or the victim’s designated representative from a document before the 29 | |
| 141 | - | incarcerated individual or the incarcerated individual’s representative examines the 30 | |
| 142 | - | document. 31 4 HOUSE BILL 1147 | |
| 139 | + | (b) The vote of each commissioner when acting collectively or in a panel, to 31 | |
| 140 | + | approve or deny parole, EACH COMMISSIONER ’S REASONING AND JUST IFICATIONS 32 4 HOUSE BILL 1147 | |
| 143 | 141 | ||
| 144 | 142 | ||
| 143 | + | FOR THE COMMISSIONER ’S VOTE, and a vote to close or restrict access to a parole hearing 1 | |
| 144 | + | under subsection (d) of this section, shall be made available to the public. 2 | |
| 145 | 145 | ||
| 146 | - | 7– | |
| 146 | + | 7–306. 3 | |
| 147 | 147 | ||
| 148 | - | (b) The vote of each commissioner when acting collectively or in a panel, to 2 | |
| 149 | - | approve or deny parole, EACH COMMISSIONER ’S REASONING AND JUST IFICATIONS 3 | |
| 150 | - | FOR THE COMMISSIONER ’S VOTE, and a vote to close or restrict access to a parole hearing 4 | |
| 151 | - | under subsection (d) of this section, shall be made available to the public. 5 | |
| 148 | + | (a) (1) The chairperson of the Commission shall assign hearing examiners, or 4 | |
| 149 | + | commissioners acting as hearing examiners, as required to hear cases for parole. 5 | |
| 152 | 150 | ||
| 153 | - | 7–305. 6 | |
| 151 | + | (2) Each proceeding before a hearing examiner shall be conducted in 6 | |
| 152 | + | accordance with this section. 7 | |
| 154 | 153 | ||
| 155 | - | Each hearing examiner and commissioner determining whether an incarcerated 7 | |
| 156 | - | individual is suitable for parole, and the Commission before entering into a predetermined 8 | |
| 157 | - | parole release agreement, shall consider: 9 | |
| 154 | + | (b) The Commission shall keep a record of each hearing conducted by a hearing 8 | |
| 155 | + | examiner. 9 | |
| 158 | 156 | ||
| 159 | - | ( | |
| 160 | - | ||
| 161 | - | ||
| 157 | + | (c) A hearing examiner shall determine if an incarcerated individual is suitable 10 | |
| 158 | + | for parole in accordance with the factors and other information specified in § 7–305 of this 11 | |
| 159 | + | subtitle. 12 | |
| 162 | 160 | ||
| 163 | - | 7–306. 13 | |
| 161 | + | (d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 13 | |
| 162 | + | incarcerated individual of the hearing examiner’s recommendation for parole or denial of 14 | |
| 163 | + | parole. 15 | |
| 164 | 164 | ||
| 165 | - | (a) (1) The chairperson of the Commission shall assign hearing examiners, or 14 | |
| 166 | - | commissioners acting as hearing examiners, as required to hear cases for parole. 15 | |
| 165 | + | (2) Within [21] 7 days after the hearing, the hearing examiner shall give 16 | |
| 166 | + | to the Commission, the Commissioner of Correction, and the incarcerated individual a 17 | |
| 167 | + | written report of the hearing examiner’s findings and recommendation for parole or denial 18 | |
| 168 | + | of parole, INCLUDING THE REASON ING AND JUSTIFICATIONS FOR THE 19 | |
| 169 | + | RECOMMENDATION . 20 | |
| 167 | 170 | ||
| 168 | - | (2) Each proceeding before a hearing examiner shall be conducted in 16 | |
| 169 | - | accordance with this section. 17 | |
| 171 | + | (3) The Commissioner of Correction or the incarcerated individual may file 21 | |
| 172 | + | with the Commission written exceptions to the report of a hearing examiner no later than 22 | |
| 173 | + | 5 days after the report is received. 23 | |
| 170 | 174 | ||
| 171 | - | (b) The Commission shall keep a record of each hearing conducted by a hearing 18 | |
| 172 | - | examiner. 19 | |
| 175 | + | (e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 24 | |
| 176 | + | by the chairperson of the Commission shall review summarily the recommendation of the 25 | |
| 177 | + | hearing examiner. 26 | |
| 173 | 178 | ||
| 174 | - | ( | |
| 175 | - | ||
| 176 | - | ||
| 179 | + | (2) (i) The Commission, on its own initiative or on the filing of an 27 | |
| 180 | + | exception, may schedule a hearing on the record by the entire Commission or by a panel of 28 | |
| 181 | + | at least two commissioners assigned by the chairperson of the Commission. 29 | |
| 177 | 182 | ||
| 178 | - | (d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 23 | |
| 179 | - | incarcerated individual of the hearing examiner’s recommendation for parole or denial of 24 | |
| 180 | - | parole. 25 | |
| 183 | + | (ii) The Commission or panel shall render a written decision on the 30 | |
| 184 | + | appeal. 31 | |
| 181 | 185 | ||
| 182 | - | (2) Within [21] 7 14 days after the hearing, the hearing examiner shall 26 | |
| 183 | - | give to the Commission, the Commissioner of Correction, and the incarcerated individual a 27 | |
| 184 | - | written report of the hearing examiner’s findings and recommendation for parole or denial 28 | |
| 185 | - | of parole, INCLUDING THE REASONING AND JUSTIFICATIONS FOR THE 29 | |
| 186 | - | RECOMMENDATION . 30 | |
| 187 | - | ||
| 188 | - | (3) The Commissioner of Correction or the incarcerated individual may file 31 | |
| 189 | - | with the Commission written exceptions to the report of a hearing examiner no later than 32 | |
| 190 | - | 5 days after the report is received. 33 HOUSE BILL 1147 5 | |
| 186 | + | (iii) The decision of the Commission or panel is final. 32 | |
| 187 | + | HOUSE BILL 1147 5 | |
| 191 | 188 | ||
| 192 | 189 | ||
| 190 | + | (3) If an exception is not filed and the Commission does not act on its own 1 | |
| 191 | + | initiative within the 5–day appeal period established under subsection (d)(3) of this section, 2 | |
| 192 | + | the recommendation of the hearing examiner is approved. 3 | |
| 193 | 193 | ||
| 194 | - | ( | |
| 195 | - | ||
| 196 | - | ||
| 194 | + | (4) (I) THE COMMISSION SHALL PROMPTLY GIVE THE 4 | |
| 195 | + | INCARCERATED INDIVID UAL WRITTEN NOTI CE OF ITS FINAL DECISIO N UNDER THIS 5 | |
| 196 | + | SECTION. 6 | |
| 197 | 197 | ||
| 198 | - | (2) (i) The Commission, on its own initiative or on the filing of an 4 | |
| 199 | - | exception, may schedule a hearing on the record by the entire Commission or by a panel of 5 | |
| 200 | - | at least two commissioners assigned by the chairperson of the Commission. 6 | |
| 198 | + | (II) IF THE COMMISSION’S FINAL DECISION UND ER THIS 7 | |
| 199 | + | SECTION IS TO DENY PAROLE, THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 8 | |
| 200 | + | THIS PARAGRAPH SHALL INCLUDE THE DATE OF THE INCA RCERATED INDIVIDUAL ’S 9 | |
| 201 | + | NEXT PAROLE HEARING , IN ACCORDANCE WITH § 7–307.1 OF THIS SUBTITLE. 10 | |
| 201 | 202 | ||
| 202 | - | (ii) The Commission or panel shall render a written decision on the 7 | |
| 203 | - | appeal. 8 | |
| 203 | + | 7–307. 11 | |
| 204 | 204 | ||
| 205 | - | (iii) The decision of the Commission or panel is final. 9 | |
| 205 | + | (a) (1) Except as provided in subsection (c) of this section, the chairperson of 12 | |
| 206 | + | the Commission shall assign at least two commissioners to hear cases for parole release as 13 | |
| 207 | + | a panel. 14 | |
| 206 | 208 | ||
| 207 | - | (3) If an exception is not filed and the Commission does not act on its own 10 | |
| 208 | - | initiative within the 5–day appeal period established under subsection (d)(3) of this section, 11 | |
| 209 | - | the recommendation of the hearing examiner is approved. 12 | |
| 209 | + | (2) Each proceeding before a Commission panel shall be conducted in 15 | |
| 210 | + | accordance with this section. 16 | |
| 210 | 211 | ||
| 211 | - | ( | |
| 212 | - | INCARCERATED | |
| 213 | - | ||
| 212 | + | (b) (1) (i) A Commission panel that consists of two commissioners shall 17 | |
| 213 | + | determine, by unanimous vote, whether the incarcerated individual is suitable for parole 18 | |
| 214 | + | in accordance with the factors and other information specified in § 7–305 of this subtitle. 19 | |
| 214 | 215 | ||
| 215 | - | (II) IF THE COMMISSION’S FINAL DECISION UND ER THIS 16 | |
| 216 | - | SECTION IS TO DENY PAROLE, THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 17 | |
| 217 | - | THIS PARAGRAPH SHALL INCLUDE THE DATE OF THE INCA RCERATED INDIVIDUAL ’S 18 | |
| 218 | - | NEXT PAROLE HEARING , IN ACCORDANCE WITH § 7–307.1 OF THIS SUBTITLE. 19 | |
| 216 | + | (ii) If the two–commissioner panel is unable to reach a unanimous 20 | |
| 217 | + | decision, the chairperson of the Commission shall convene a three–commissioner panel as 21 | |
| 218 | + | soon as practicable to rehear the case. 22 | |
| 219 | 219 | ||
| 220 | - | 7–307. 20 | |
| 220 | + | (2) A Commission panel that consists of three commissioners shall 23 | |
| 221 | + | determine, by majority vote, whether the incarcerated individual is suitable for parole in 24 | |
| 222 | + | accordance with the factors and other information specified in § 7–305 of this subtitle. 25 | |
| 221 | 223 | ||
| 222 | - | (a) (1) Except as provided in subsection (c) of this section, the chairperson of 21 | |
| 223 | - | the Commission shall assign at least two commissioners to hear cases for parole release as 22 | |
| 224 | - | a panel. 23 | |
| 224 | + | (c) For an incarcerated individual who has been sentenced to life imprisonment 26 | |
| 225 | + | after being convicted of a crime committed on or after October 1, 2021, at least six 27 | |
| 226 | + | affirmative votes are required to approve the incarcerated individual for parole, based on 28 | |
| 227 | + | consideration of the factors specified in § 7–305 of this subtitle. 29 | |
| 225 | 228 | ||
| 226 | - | ( | |
| 227 | - | ||
| 229 | + | (d) (1) The Commission panel shall inform the incarcerated individual and the 30 | |
| 230 | + | appropriate correctional authority of the Commission’s decision as soon as possible. 31 | |
| 228 | 231 | ||
| 229 | - | (b) (1) (i) A Commission panel that consists of two commissioners shall 26 | |
| 230 | - | determine, by unanimous vote, whether the incarcerated individual is suitable for parole 27 | |
| 231 | - | in accordance with the factors and other information specified in § 7–305 of this subtitle. 28 | |
| 232 | - | ||
| 233 | - | (ii) If the two–commissioner panel is unable to reach a unanimous 29 | |
| 234 | - | decision, the chairperson of the Commission shall convene a three–commissioner panel as 30 | |
| 235 | - | soon as practicable to rehear the case. 31 | |
| 232 | + | (2) If parole is denied, the Commission shall, WITHIN 7 DAYS AFTER THE 32 | |
| 233 | + | HEARING, give the incarcerated individual: 33 | |
| 236 | 234 | 6 HOUSE BILL 1147 | |
| 237 | 235 | ||
| 238 | 236 | ||
| 239 | - | (2) A Commission panel that consists of three commissioners shall 1 | |
| 240 | - | determine, by majority vote, whether the incarcerated individual is suitable for parole in 2 | |
| 241 | - | accordance with the factors and other information specified in § 7–305 of this subtitle. 3 | |
| 237 | + | (I) a written report of its findings [within 30 days after the hearing], 1 | |
| 238 | + | INCLUDING THE REASON ING AND JUSTIFICATIO NS FOR THE DECISION ; AND 2 | |
| 242 | 239 | ||
| 243 | - | (c) For an incarcerated individual who has been sentenced to life imprisonment 4 | |
| 244 | - | after being convicted of a crime committed on or after October 1, 2021, at least six 5 | |
| 245 | - | affirmative votes are required to approve the incarcerated individual for parole, based on 6 | |
| 246 | - | consideration of the factors specified in § 7–305 of this subtitle. 7 | |
| 240 | + | (II) WRITTEN NOTICE OF TH E DATE OF THE INCARCERATED 3 | |
| 241 | + | INDIVIDUAL’S NEXT PAROLE HEARIN G, IN ACCORDANCE WITH § 7–307.1 OF THIS 4 | |
| 242 | + | SUBTITLE. 5 | |
| 247 | 243 | ||
| 248 | - | (d) (1) The Commission panel shall inform the incarcerated individual and the 8 | |
| 249 | - | appropriate correctional authority of the Commission’s decision as soon as possible. 9 | |
| 244 | + | 7–307.1. 6 | |
| 250 | 245 | ||
| 251 | - | ( | |
| 252 | - | ||
| 246 | + | (A) THE COMMISSION DOES NOT H AVE THE AUTHORITY TO PERMANENTLY 7 | |
| 247 | + | DENY PAROLE . 8 | |
| 253 | 248 | ||
| 254 | - | (I) a written report of its findings [within 30 days after the hearing], 12 | |
| 255 | - | INCLUDING THE REASON ING AND JUSTIFICATIO NS FOR THE DECISION ; AND 13 | |
| 249 | + | (B) AN INCARCERATED INDIV IDUAL IS ENTITLED TO A SUBSEQUENT 9 | |
| 250 | + | PAROLE HEA RING NOT LATER THAN 2 YEARS AFTER EACH PAR OLE HEARING THAT 10 | |
| 251 | + | RESULTS IN A DENIAL OF PAROLE. 11 | |
| 256 | 252 | ||
| 257 | - | (II) WRITTEN NOTICE OF TH E DATE OF THE INCARC ERATED 14 | |
| 258 | - | INDIVIDUAL’S NEXT PAROLE HEARIN G, IN ACCORDANCE WITH § 7–307.1 OF THIS 15 | |
| 259 | - | SUBTITLE. 16 | |
| 253 | + | 7–307.2. 12 | |
| 260 | 254 | ||
| 261 | - | 7–307.1. 17 | |
| 255 | + | (A) THE COMMISSION SHALL RECO RD EACH HEARING AND TRANSCRIBE 13 | |
| 256 | + | THE RECORDING OF THE HEARING WITHIN 30 DAYS AFTER THE CONCL USION OF THE 14 | |
| 257 | + | HEARING. 15 | |
| 262 | 258 | ||
| 263 | - | (A) THE COMMISSION DOES NOT H AVE THE AUTHORITY TO PERMANENTLY 18 | |
| 264 | - | DENY PAROLE . 19 | |
| 259 | + | (B) EACH HEARING TRANSCRIPT S HALL BE: 16 | |
| 265 | 260 | ||
| 266 | - | ( | |
| 267 | - | ||
| 261 | + | (1) FILED AND MAINTAINED IN THE OFFICE OF THE COMMISSION; 17 | |
| 262 | + | AND 18 | |
| 268 | 263 | ||
| 269 | - | (1) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 22 | |
| 270 | - | INCARCERATION OF 10 YEARS OR LESS , NOT LATER THAN 2 YEARS AFTER EACH 23 | |
| 271 | - | PAROLE HEARING THAT RESULTS IN A DE NIAL OF PAROLE ; 24 | |
| 264 | + | (2) MADE READILY AVAILABLE TO THE PUB LIC. 19 | |
| 272 | 265 | ||
| 273 | - | (2) EXCEPT AS PROVIDED I N ITEM (3) OF THIS SUBSECTION , FOR AN 25 | |
| 274 | - | INCARCERATED INDIVID UAL SENTENCED TO A P ERIOD OF INCARCERATI ON 26 | |
| 275 | - | EXCEEDING 10 YEARS, NOT LATER THAN 3 YEARS AFTER EACH PAR OLE HEARING 27 | |
| 276 | - | THAT RESULTS IN A DE NIAL OF PAROLE ; AND 28 | |
| 266 | + | (C) ALL VICTIM NAMES SHAL L BE REDACTED FROM A HEARING 20 | |
| 267 | + | TRANSCRIPT. 21 | |
| 277 | 268 | ||
| 278 | - | (3) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 29 | |
| 279 | - | INCARCERATION EXCEED ING 20 YEARS FOR A CRIME AG AINST AN INDIVIDUAL , NOT 30 | |
| 280 | - | LATER THAN 3 YEARS AFTER THE FIRST PARO LE HEARING THAT RESU LTS IN A 31 | |
| 281 | - | DENIAL OF PAROLE AND NOT LATER THAN 5 YEARS THEREAFTER . 32 | |
| 282 | - | HOUSE BILL 1147 7 | |
| 269 | + | (D) EACH HEARING RECORDIN G AND TRANSCRIPT SHA LL BE RETAINED 22 | |
| 270 | + | ELECTRONICALLY UNTIL 3 YEARS AFTER THE INCA RCERATED INDIVIDUAL IS 23 | |
| 271 | + | RELEASED FROM INCARC ERATION, ALL POSTINCARCERATIO N SUPERVISION IS 24 | |
| 272 | + | COMPLETED , AND ALL APPEALS ARE EXHAUSTED, WHICHEVER HAPPENS LA ST. 25 | |
| 273 | + | ||
| 274 | + | (E) AT THE CONCLUSION OF EACH HEARING , THE PRESIDING 26 | |
| 275 | + | COMMISSIONER SHALL S TATE THE FINDINGS , REASONING, AND JUSTIFICATIONS OF 27 | |
| 276 | + | THE COMMISSION ON THE REC ORD. 28 | |
| 277 | + | ||
| 278 | + | (F) ANY STATEMENTS , RECOMMENDATIONS , AND OTHER MATERIALS 29 | |
| 279 | + | CONSIDERED BY THE COMMISSION SHALL BE I NCORPORATED INTO THE 30 HOUSE BILL 1147 7 | |
| 283 | 280 | ||
| 284 | 281 | ||
| 285 | - | 7–307.2. 1 | |
| 282 | + | TRANSCRIPT OF THE HE ARING, UNLESS CONFIDENTIALI TY IS NECESSARY TO 1 | |
| 283 | + | PRESERVE INSTITUTION AL SECURITY OR THE S ECURITY OF PERSONS WHO MIGHT 2 | |
| 284 | + | BE ENDANGERED BY DISCLOSURE . 3 | |
| 286 | 285 | ||
| 287 | - | (A) THE COMMISSION SHALL RECO RD EACH HEARING AND TRANSCRIBE 2 | |
| 288 | - | THE RECORDING OF THE HEARING WITHIN 30 DAYS AFTER THE CONCL USION OF THE 3 | |
| 289 | - | HEARING. 4 | |
| 290 | - | ||
| 291 | - | (B) EACH HEARING TRANSCRIPT RECORDING SHALL BE: 5 | |
| 292 | - | ||
| 293 | - | (1) FILED AND MAINTAINED IN THE OFFICE OF THE COMMISSION 6 | |
| 294 | - | REDACTED OF ALL PERS ONALLY IDENTIFIABLE INFORMATION OF THE V ICTIM; AND 7 | |
| 295 | - | ||
| 296 | - | (2) MADE READILY AVAILABLE TO THE PUBLIC INCARCERATED 8 | |
| 297 | - | INDIVIDUAL. 9 | |
| 298 | - | ||
| 299 | - | (C) ALL VICTIM NAMES SHAL L BE REDACTED FROM A HEARING 10 | |
| 300 | - | TRANSCRIPT. 11 | |
| 301 | - | ||
| 302 | - | (D) EACH HEARING RECORDIN G AND TRANSCRIPT SHALL BE RETAINED 12 | |
| 303 | - | ELECTRONICALLY UNTIL 3 YEARS AFTER THE INCA RCERATED INDIVIDUAL IS 13 | |
| 304 | - | RELEASED FROM INCARC ERATION, ALL POSTINCARCERATIO N SUPERVISION IS 14 | |
| 305 | - | COMPLETED , AND ALL APPEALS ARE EXHAUSTED, WHICHEVER HAPPENS LA ST. 15 | |
| 306 | - | ||
| 307 | - | (E) (D) AT THE CONCLUSION OF EACH HEARING , THE PRESIDING 16 | |
| 308 | - | COMMISSIONER SHALL S TATE THE FINDINGS , REASONING, AND JUSTIFICATIONS OF 17 | |
| 309 | - | THE COMMISSION ON THE REC ORD. 18 | |
| 310 | - | ||
| 311 | - | (F) (E) ANY STATEMENTS , RECOMMENDATIONS , AND OTHER MATERIALS 19 | |
| 312 | - | CONSIDERED BY THE COMMISSION SHALL BE I NCORPORATED INTO THE 20 | |
| 313 | - | TRANSCRIPT RECORDING OF THE HEARING , UNLESS CONFIDENTIALI TY IS 21 | |
| 314 | - | NECESSARY TO PRESERV E INSTITUTIONAL SECU RITY OR THE SECURITY OF 22 | |
| 315 | - | PERSONS WHO MIGHT B E ENDANGERED BY DISC LOSURE. 23 | |
| 316 | - | ||
| 317 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
| 318 | - | October 1, 2025. 25 | |
| 286 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 | |
| 287 | + | October 1, 2025. 5 |