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.
*hb1147*
HOUSE BILL 1147
E5 5lr3151
By: Delegate Embry Delegates Embry, Bartlett, Crutchfield, Simmons, Phillips,
Stinnett, Taylor, Conaway, and Kaufman
Introduced and read first time: February 5, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2025
CHAPTER ______
AN ACT concerning 1
Correctional Services – Maryland Parole Commission – Improvements in 2
Transparency and Equity 3
FOR the purpose of requiring the annual report of the Maryland Parole Commission to 4
include certain information; altering a certain provision of law to require the 5
Commission to provide certain documents to a certain incarcerated individual at a 6
certain time, rather than allow the incarcerated individual to examine the 7
documents on request; requiring the Commission to document, state on the record, 8
provide to an incarcerated individual, and make available to the public certain 9
information; altering the time periods within which the Commission is required to 10
issue certain reports; providing that the Commission does not have the authority to 11
permanently deny parole; providing that a certain incarcerated individual is entitled 12
to a subsequent parole hearing at a certain time; requiring the Commission to record 13
and transcribe each hearing at a certain time; requiring each hearing transcript 14
recording to be made available to the public, to be redacted in a certain manner, to 15
be retained for a certain amount of time, and to contain certain materials; and 16
generally relating to the Maryland Parole Commission. 17
BY repealing and reenacting, with amendments, 18
Article – Correctional Services 19
Section 7–208, 7–303, 7–304(b), 7–305(7), 7–306, and 7–307 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2024 Supplement) 22
2 HOUSE BILL 1147
BY adding to 1
Article – Correctional Services 2
Section 7–307.1 and 7–307.2 3
Annotated Code of Maryland 4
(2017 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Correctional Services 8
7–208. 9
(A) The Commission shall: 10
(1) maintain a record of its actions; 11
(2) make an annual report to the Governor of its work; and 12
(3) make appropriate recommendations for the improvement of its 13
functions. 14
(B) THE ANNUAL REPORT REQ UIRED UNDER SUBSECTI ON (A)(2) OF THIS 15
SECTION SHALL INCLUD E THE FOLLOWING I NFORMATION , DISAGGREGATED BY 16
RACE OF THE RELEVANT INCA RCERATED INDIVIDUALS : 17
(1) THE NUMBER OF CASES IN WHICH THE COMMISSION GRANTED 18
PAROLE; 19
(2) THE NUMBER OF CASES IN WHICH THE COMMISSION DENIED 20
PAROLE AND THE REASON FOR EACH DENIAL; 21
(3) THE NUMBER OF INCARCERATED IN DIVIDUALS WHO WERE 22
GRANTED ADMINISTRATI VE RELEASE; 23
(4) THE NUMBER OF HEARIN GS HELD AND THE PURP OSE OF EACH 24
HEARING; AND 25
(5) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE 26
PAROLE–ELIGIBLE BUT HAVE NO T BEEN GRANTED PAROL E. 27
7–303. 28
(a) Before any hearing on parole release, the Commission shall give the 29
incarcerated individual: 30 HOUSE BILL 1147 3
(1) adequate and timely written notice of: 1
[(1)] (I) the date, time, and place of the hearing; and 2
[(2)] (II) the factors that the Commission or hearing examiner will 3
consider in determining whether the incarcerated individual is suitable for parole[. 4
(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 5
notice also shall indicate that, before the hearing, the incarcerated individual or the 6
incarcerated individual’s representative may, on request, examine any document]; AND 7
(2) EXCEPT AS PROVIDED I N SUBSECTION (B) OF THIS SECTION , 8
COPIES OF ALL DOCUME NTS that the Commission or hearing examiner will use in 9
determining whether the incarcerated individual is suitable for parole. 10
[(ii)] (B) (1) A document, or a portion of it, is not available for 11
examination[,] if the Commission determines that: 12
[1.] (I) the document or portion contains a diagnostic 13
opinion; 14
[2.] (II) the incarcerated individual’s knowledge of the 15
document or portion would disrupt seriously a program of rehabilitation; 16
[3.] (III) the document or portion contains sources of 17
information obtained on a promise of confidentiality; or 18
[4.] (IV) the document or portion is otherwise privileged. 19
[(iii)] (2) If the Commission determines that a document or a 20
portion of it is not available for examination, the Commission shall notify the incarcerated 21
individual that: 22
[1.] (I) the document or portion is not available for 23
examination; and 24
[2.] (II) on request and if appropriate, the Commission will 25
provide the incarcerated individual or the incarcerated individual’s representative with the 26
substance of any information contained in the document or portion. 27
[(2)] (C) The Commission shall delete the address and phone number of 28
the victim or the victim’s designated representative from a document before the 29
incarcerated individual or the incarcerated individual’s representative examines the 30
document. 31 4 HOUSE BILL 1147
7–304. 1
(b) The vote of each commissioner when acting collectively or in a panel, to 2
approve or deny parole, EACH COMMISSIONER ’S REASONING AND JUST IFICATIONS 3
FOR THE COMMISSIONER ’S VOTE, and a vote to close or restrict access to a parole hearing 4
under subsection (d) of this section, shall be made available to the public. 5
7–305. 6
Each hearing examiner and commissioner determining whether an incarcerated 7
individual is suitable for parole, and the Commission before entering into a predetermined 8
parole release agreement, shall consider: 9
(7) ANY VICTIM’S ORIGINAL OR SUBSEQ UENTLY FILED VICTIM 10
IMPACT STATEMENT , an updated victim impact statement, or ANY recommendation 11
prepared under § 7–801 of this title; 12
7–306. 13
(a) (1) The chairperson of the Commission shall assign hearing examiners, or 14
commissioners acting as hearing examiners, as required to hear cases for parole. 15
(2) Each proceeding before a hearing examiner shall be conducted in 16
accordance with this section. 17
(b) The Commission shall keep a record of each hearing conducted by a hearing 18
examiner. 19
(c) A hearing examiner shall determine if an incarcerated individual is suitable 20
for parole in accordance with the factors and other information specified in § 7–305 of this 21
subtitle. 22
(d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 23
incarcerated individual of the hearing examiner’s recommendation for parole or denial of 24
parole. 25
(2) Within [21] 7 14 days after the hearing, the hearing examiner shall 26
give to the Commission, the Commissioner of Correction, and the incarcerated individual a 27
written report of the hearing examiner’s findings and recommendation for parole or denial 28
of parole, INCLUDING THE REASONING AND JUSTIFICATIONS FOR THE 29
RECOMMENDATION . 30
(3) The Commissioner of Correction or the incarcerated individual may file 31
with the Commission written exceptions to the report of a hearing examiner no later than 32
5 days after the report is received. 33 HOUSE BILL 1147 5
(e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 1
by the chairperson of the Commission shall review summarily the recommendation of the 2
hearing examiner. 3
(2) (i) The Commission, on its own initiative or on the filing of an 4
exception, may schedule a hearing on the record by the entire Commission or by a panel of 5
at least two commissioners assigned by the chairperson of the Commission. 6
(ii) The Commission or panel shall render a written decision on the 7
appeal. 8
(iii) The decision of the Commission or panel is final. 9
(3) If an exception is not filed and the Commission does not act on its own 10
initiative within the 5–day appeal period established under subsection (d)(3) of this section, 11
the recommendation of the hearing examiner is approved. 12
(4) (I) THE COMMISSION SHALL PROMPTLY GIVE THE 13
INCARCERATED INDIVID UAL WRITTEN NOTI CE OF ITS FINAL DECISIO N UNDER THIS 14
SECTION. 15
(II) IF THE COMMISSION’S FINAL DECISION UND ER THIS 16
SECTION IS TO DENY PAROLE, THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 17
THIS PARAGRAPH SHALL INCLUDE THE DATE OF THE INCA RCERATED INDIVIDUAL ’S 18
NEXT PAROLE HEARING , IN ACCORDANCE WITH § 7–307.1 OF THIS SUBTITLE. 19
7–307. 20
(a) (1) Except as provided in subsection (c) of this section, the chairperson of 21
the Commission shall assign at least two commissioners to hear cases for parole release as 22
a panel. 23
(2) Each proceeding before a Commission panel shall be conducted in 24
accordance with this section. 25
(b) (1) (i) A Commission panel that consists of two commissioners shall 26
determine, by unanimous vote, whether the incarcerated individual is suitable for parole 27
in accordance with the factors and other information specified in § 7–305 of this subtitle. 28
(ii) If the two–commissioner panel is unable to reach a unanimous 29
decision, the chairperson of the Commission shall convene a three–commissioner panel as 30
soon as practicable to rehear the case. 31
6 HOUSE BILL 1147
(2) A Commission panel that consists of three commissioners shall 1
determine, by majority vote, whether the incarcerated individual is suitable for parole in 2
accordance with the factors and other information specified in § 7–305 of this subtitle. 3
(c) For an incarcerated individual who has been sentenced to life imprisonment 4
after being convicted of a crime committed on or after October 1, 2021, at least six 5
affirmative votes are required to approve the incarcerated individual for parole, based on 6
consideration of the factors specified in § 7–305 of this subtitle. 7
(d) (1) The Commission panel shall inform the incarcerated individual and the 8
appropriate correctional authority of the Commission’s decision as soon as possible. 9
(2) If parole is denied, the Commission shall, WITHIN 7 14 DAYS AFTER 10
THE HEARING, give the incarcerated individual: 11
(I) a written report of its findings [within 30 days after the hearing], 12
INCLUDING THE REASON ING AND JUSTIFICATIO NS FOR THE DECISION ; AND 13
(II) WRITTEN NOTICE OF TH E DATE OF THE INCARC ERATED 14
INDIVIDUAL’S NEXT PAROLE HEARIN G, IN ACCORDANCE WITH § 7–307.1 OF THIS 15
SUBTITLE. 16
7–307.1. 17
(A) THE COMMISSION DOES NOT H AVE THE AUTHORITY TO PERMANENTLY 18
DENY PAROLE . 19
(B) AN INCARCERATED INDIV IDUAL IS ENTITLED TO A SUBSEQUENT 20
PAROLE HEARING : 21
(1) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 22
INCARCERATION OF 10 YEARS OR LESS , NOT LATER THAN 2 YEARS AFTER EACH 23
PAROLE HEARING THAT RESULTS IN A DE NIAL OF PAROLE ; 24
(2) EXCEPT AS PROVIDED I N ITEM (3) OF THIS SUBSECTION , FOR AN 25
INCARCERATED INDIVID UAL SENTENCED TO A P ERIOD OF INCARCERATI ON 26
EXCEEDING 10 YEARS, NOT LATER THAN 3 YEARS AFTER EACH PAR OLE HEARING 27
THAT RESULTS IN A DE NIAL OF PAROLE ; AND 28
(3) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 29
INCARCERATION EXCEED ING 20 YEARS FOR A CRIME AG AINST AN INDIVIDUAL , NOT 30
LATER THAN 3 YEARS AFTER THE FIRST PARO LE HEARING THAT RESU LTS IN A 31
DENIAL OF PAROLE AND NOT LATER THAN 5 YEARS THEREAFTER . 32
HOUSE BILL 1147 7
7–307.2. 1
(A) THE COMMISSION SHALL RECO RD EACH HEARING AND TRANSCRIBE 2
THE RECORDING OF THE HEARING WITHIN 30 DAYS AFTER THE CONCL USION OF THE 3
HEARING. 4
(B) EACH HEARING TRANSCRIPT RECORDING SHALL BE: 5
(1) FILED AND MAINTAINED IN THE OFFICE OF THE COMMISSION 6
REDACTED OF ALL PERS ONALLY IDENTIFIABLE INFORMATION OF THE V ICTIM; AND 7
(2) MADE READILY AVAILABLE TO THE PUBLIC INCARCERATED 8
INDIVIDUAL. 9
(C) ALL VICTIM NAMES SHAL L BE REDACTED FROM A HEARING 10
TRANSCRIPT. 11
(D) EACH HEARING RECORDIN G AND TRANSCRIPT SHALL BE RETAINED 12
ELECTRONICALLY UNTIL 3 YEARS AFTER THE INCA RCERATED INDIVIDUAL IS 13
RELEASED FROM INCARC ERATION, ALL POSTINCARCERATIO N SUPERVISION IS 14
COMPLETED , AND ALL APPEALS ARE EXHAUSTED, WHICHEVER HAPPENS LA ST. 15
(E) (D) AT THE CONCLUSION OF EACH HEARING , THE PRESIDING 16
COMMISSIONER SHALL S TATE THE FINDINGS , REASONING, AND JUSTIFICATIONS OF 17
THE COMMISSION ON THE REC ORD. 18
(F) (E) ANY STATEMENTS , RECOMMENDATIONS , AND OTHER MATERIALS 19
CONSIDERED BY THE COMMISSION SHALL BE I NCORPORATED INTO THE 20
TRANSCRIPT RECORDING OF THE HEARING , UNLESS CONFIDENTIALI TY IS 21
NECESSARY TO PRESERV E INSTITUTIONAL SECU RITY OR THE SECURITY OF 22
PERSONS WHO MIGHT B E ENDANGERED BY DISC LOSURE. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25