| 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 | *hb1156* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1156 | |
| 11 | 8 | E5 5lr3152 | |
| 12 | 9 | ||
| 13 | 10 | By: Delegate Phillips | |
| 14 | 11 | Introduced and read first time: February 6, 2025 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 2, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Correctional Services – Maryland Parole Commission – Members and Hearing 2 | |
| 25 | 19 | Examiners 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of altering the number of members of the Maryland Parole Commission; 4 | |
| 28 | 22 | altering the appointing authority and method of appointment of parole 5 | |
| 29 | 23 | commissioners; repealing the authority of the Commission to appoint and utilize 6 | |
| 30 | 24 | hearing examiners; and generally relating to the Maryland Parole Commission. 7 | |
| 31 | 25 | ||
| 32 | 26 | BY repealing and reenacting, with amendments, 8 | |
| 33 | 27 | Article – Correctional Services 9 | |
| 34 | 28 | Section 7–202, 7–204, 7–205(a), 7–207, 7–302, 7–303, and 7–305 10 | |
| 35 | 29 | Annotated Code of Maryland 11 | |
| 36 | 30 | (2017 Replacement Volume and 2024 Supplement) 12 | |
| 37 | 31 | ||
| 38 | 32 | BY repealing 13 | |
| 39 | 33 | Article – Correctional Services 14 | |
| 40 | 34 | Section 7–306 15 | |
| 41 | 35 | Annotated Code of Maryland 16 | |
| 42 | 36 | (2017 Replacement Volume and 2024 Supplement) 17 | |
| 43 | 37 | ||
| 44 | 38 | BY repealing and reenacting, without amendments, 18 | |
| 45 | 39 | Article – Correctional Services 19 | |
| 46 | 40 | Section 7–307 20 | |
| 47 | 41 | Annotated Code of Maryland 21 | |
| 48 | - | (2017 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 1156 | |
| 42 | + | (2017 Replacement Volume and 2024 Supplement) 22 | |
| 43 | + | ||
| 44 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 45 | + | That the Laws of Maryland read as follows: 24 | |
| 46 | + | ||
| 47 | + | Article – Correctional Services 25 | |
| 48 | + | 2 HOUSE BILL 1156 | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | 7–202. 1 | |
| 52 | + | ||
| 53 | + | (a) (1) The Commission consists of [ten] AT LEAST 15 BUT NOT MORE THAN 2 | |
| 54 | + | 20 members. 3 | |
| 55 | + | ||
| 56 | + | (2) (I) [With the approval of the] SUBJECT TO SUBPARAGRA PH (III) 4 | |
| 57 | + | OF THIS PARAGRAPH , THE Governor [and the advice and consent of the Senate, the 5 | |
| 58 | + | Secretary] shall appoint the members of the Commission FROM AMONG NOMINEES 6 | |
| 59 | + | CHOSEN BY A PANEL CO NSISTING OF: 7 | |
| 60 | + | ||
| 61 | + | 1. THE EXECUTIVE DIRECTOR OF THE MARYLAND 8 | |
| 62 | + | POLICE TRAINING AND STANDARDS COMMISSION; 9 | |
| 63 | + | ||
| 64 | + | 2. THE PUBLIC DEFENDER OF MARYLAND; 10 | |
| 65 | + | ||
| 66 | + | 3. THE PRESIDENT OF THE MARYLAND STATE’S 11 | |
| 67 | + | ATTORNEYS’ ASSOCIATION; 12 | |
| 68 | + | ||
| 69 | + | 4. THREE SERVICE PROVID ERS FROM THE FIELDS OF 13 | |
| 70 | + | MENTAL HEALTH , SUBSTANCE USE TREATM ENT, VOCATIONAL AND EDUCA TIONAL 14 | |
| 71 | + | TRAINING, OR COMMUNITY ORGANI ZING, APPOINTED BY THE GOVERNOR; 15 | |
| 72 | + | ||
| 73 | + | 5. THE STATE SUPERINTENDENT OF EDUCATION; 16 | |
| 74 | + | ||
| 75 | + | 6. THE PRESIDENT OF THE NATIONAL ASSOCIATION OF 17 | |
| 76 | + | SOCIAL WORKERS – MARYLAND CHAPTER, OR THE PRESIDENT’S DESIGNEE; 18 | |
| 77 | + | ||
| 78 | + | 7. THREE MEMBERS OF THE GENERAL PUBLIC , 19 | |
| 79 | + | APPOINTED BY THE GOVERNOR; AND 20 | |
| 80 | + | ||
| 81 | + | 8. ONE PRISONERS ’ RIGHTS ADVOCATE , CHOSEN BY THE 21 | |
| 82 | + | GOVERNOR. 22 | |
| 83 | + | ||
| 84 | + | (II) THE PANEL SHALL SUBMI T TO THE GOVERNOR THE NAMES 23 | |
| 85 | + | OF AT LEAST THREE QUALIFIED NOMINEES FOR EACH COMMISSIONER VACANCY TO 24 | |
| 86 | + | BE FILLED. 25 | |
| 87 | + | ||
| 88 | + | (III) THE REQUIREMENT FOR N OMINATION BY THE PAN EL 26 | |
| 89 | + | UNDER THIS PARAGRAPH APPLIES ONLY TO AN I NITIAL TERM AS COMMI SSIONER 27 | |
| 90 | + | AND NOT TO ANY SUBSE QUENT CONSECUTIVE TE RM OF A SITTING COMM ISSIONER 28 | |
| 91 | + | WHOSE INITIAL APPOIN TMENT TO OFFICE WAS MADE PURSUANT TO PAN EL 29 | |
| 92 | + | NOMINATION . 30 | |
| 93 | + | ||
| 94 | + | (b) Each commissioner shall: 31 HOUSE BILL 1156 3 | |
| 49 | 95 | ||
| 50 | 96 | ||
| 51 | 97 | ||
| 52 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 53 | - | That the Laws of Maryland read as follows: 2 | |
| 98 | + | (1) be appointed without regard to political affiliation; 1 | |
| 54 | 99 | ||
| 55 | - | ||
| 100 | + | (2) be a resident of the State; and 2 | |
| 56 | 101 | ||
| 57 | - | 7–202. 4 | |
| 102 | + | (3) have training and experience in law, sociology, psychology, psychiatry, 3 | |
| 103 | + | education, social work, or criminology. 4 | |
| 58 | 104 | ||
| 59 | - | (a) (1) The Commission consists of [ten] AT LEAST 15 BUT NOT MORE THAN 5 | |
| 60 | - | 20 members. 6 | |
| 105 | + | (c) Each commissioner: 5 | |
| 61 | 106 | ||
| 62 | - | (2) (I) [With the approval of the] SUBJECT TO SUBPARAGRA PH (III) 7 | |
| 63 | - | OF THIS PARAGRAPH , THE Governor [and the advice and consent of the Senate, the 8 | |
| 64 | - | Secretary] shall appoint the members of the Commission FROM AMONG NOMINEES 9 | |
| 65 | - | CHOSEN BY A PANEL CO NSISTING OF: 10 | |
| 107 | + | (1) shall devote full time to the duties of the Commission; and 6 | |
| 66 | 108 | ||
| 67 | - | | |
| 68 | - | ||
| 109 | + | (2) may not have any other employment that conflicts with the 7 | |
| 110 | + | commissioner’s devotion of full time to the duties of the Commission. 8 | |
| 69 | 111 | ||
| 70 | - | | |
| 112 | + | (d) (1) The term of a commissioner is 6 years. 9 | |
| 71 | 113 | ||
| 72 | - | | |
| 73 | - | ||
| 114 | + | (2) At the end of a term, a commissioner continues to serve until a successor 10 | |
| 115 | + | is appointed and qualifies. 11 | |
| 74 | 116 | ||
| 75 | - | 4. THREE SERVICE PROVID ERS FROM THE FIELDS OF 16 | |
| 76 | - | MENTAL HEALTH , SUBSTANCE USE TREATM ENT, VOCATIONAL AND EDUCA TIONAL 17 | |
| 77 | - | TRAINING, OR COMMUNITY ORGANIZ ING, APPOINTED BY THE GOVERNOR; 18 | |
| 117 | + | (3) A commissioner who is appointed after a term has begun serves only for 12 | |
| 118 | + | the rest of the term and until a successor is appointed and qualifies. 13 | |
| 78 | 119 | ||
| 79 | - | 5. THE STATE SUPERINTENDENT OF EDUCATION; 19 | |
| 120 | + | (e) (1) With the approval of the Governor, the Secretary may remove a 14 | |
| 121 | + | commissioner for disability, neglect of duty, or misconduct in office. 15 | |
| 80 | 122 | ||
| 81 | - | 6. THE PRESIDENT OF THE NATIONAL ASSOCIATION OF 20 | |
| 82 | - | SOCIAL WORKERS – MARYLAND CHAPTER, OR THE PRESIDENT’S DESIGNEE; 21 | |
| 123 | + | (2) Before removing a commissioner, the Secretary shall: 16 | |
| 83 | 124 | ||
| 84 | - | | |
| 85 | - | ||
| 125 | + | (i) give the commissioner written notice of the charges against the 17 | |
| 126 | + | commissioner; and 18 | |
| 86 | 127 | ||
| 87 | - | 8. ONE PRISONERS ’ RIGHTS ADVOCATE , CHOSEN BY THE 24 | |
| 88 | - | GOVERNOR. 25 | |
| 128 | + | (ii) hold a public hearing on the charges. 19 | |
| 89 | 129 | ||
| 90 | - | ( | |
| 91 | - | OF | |
| 92 | - | ||
| 93 | - | ||
| 130 | + | (f) [(1) If a commissioner is unable to perform the commissioner’s duties 20 | |
| 131 | + | because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing 21 | |
| 132 | + | examiner to the Commission to perform those duties until that commissioner is able to 22 | |
| 133 | + | resume those duties or until a new commissioner is appointed and qualifies. 23 | |
| 94 | 134 | ||
| 135 | + | (2) A hearing examiner appointed under this subsection is entitled to the 24 | |
| 136 | + | same compensation as a commissioner. 25 | |
| 95 | 137 | ||
| 96 | - | (III) THE REQUIREMENT FOR N OMINATION BY THE PAN EL 1 | |
| 97 | - | UNDER THIS PARAGRAPH APPLIES ONLY TO AN I NITIAL TERM AS COMMI SSIONER 2 | |
| 98 | - | AND NOT TO ANY SUBSEQUEN T CONSECUTIVE TERM O F A SITTING COMMISSI ONER 3 | |
| 99 | - | WHOSE INITIAL APPOIN TMENT TO OFFICE WAS MADE PURSUANT TO PAN EL 4 | |
| 100 | - | NOMINATION . 5 | |
| 138 | + | (3) A hearing examiner appointed under this subsection may not 26 | |
| 139 | + | participate in a proceeding before the Commission in which the hearing examiner 27 | |
| 140 | + | participated as a hearing examiner. 28 | |
| 101 | 141 | ||
| 102 | - | (b) Each commissioner shall: 6 | |
| 103 | - | ||
| 104 | - | (1) be appointed without regard to political affiliation; 7 | |
| 105 | - | ||
| 106 | - | (2) be a resident of the State; and 8 | |
| 107 | - | ||
| 108 | - | (3) have training and experience in law, sociology, psychology, psychiatry, 9 | |
| 109 | - | education, social work, or criminology. 10 | |
| 110 | - | ||
| 111 | - | (c) Each commissioner: 11 | |
| 112 | - | ||
| 113 | - | (1) shall devote full time to the duties of the Commission; and 12 | |
| 114 | - | ||
| 115 | - | (2) may not have any othe r employment that conflicts with the 13 | |
| 116 | - | commissioner’s devotion of full time to the duties of the Commission. 14 | |
| 117 | - | ||
| 118 | - | (d) (1) The term of a commissioner is 6 years. 15 | |
| 119 | - | ||
| 120 | - | (2) At the end of a term, a commissioner continues to serve until a successor 16 | |
| 121 | - | is appointed and qualifies. 17 | |
| 122 | - | ||
| 123 | - | (3) A commissioner who is appointed after a term has begun serves only for 18 | |
| 124 | - | the rest of the term and until a successor is appointed and qualifies. 19 | |
| 125 | - | ||
| 126 | - | (e) (1) With the approval of the Governor, the Secretary may remove a 20 | |
| 127 | - | commissioner for disability, neglect of duty, or misconduct in office. 21 | |
| 128 | - | ||
| 129 | - | (2) Before removing a commissioner, the Secretary shall: 22 | |
| 130 | - | ||
| 131 | - | (i) give the commissioner written notice of the charges against the 23 | |
| 132 | - | commissioner; and 24 | |
| 133 | - | ||
| 134 | - | (ii) hold a public hearing on the charges. 25 | |
| 135 | - | ||
| 136 | - | (f) [(1) If a commissioner is unable to perform the commissioner’s duties 26 | |
| 137 | - | because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing 27 | |
| 138 | - | examiner to the Commission to perform those duties until that commissioner is able to 28 | |
| 139 | - | resume those duties or until a new commissioner is appointed and qualifies. 29 | |
| 140 | - | 4 HOUSE BILL 1156 | |
| 141 | - | ||
| 142 | - | ||
| 143 | - | (2) A hearing examiner appointed under this subsection is entitled to the 1 | |
| 144 | - | same compensation as a commissioner. 2 | |
| 145 | - | ||
| 146 | - | (3) A hearing examiner appointed under this subsection may not 3 | |
| 147 | - | participate in a proceeding before the Commission in which the hearing examiner 4 | |
| 148 | - | participated as a hearing examiner. 5 | |
| 149 | - | ||
| 150 | - | (g)] With the approval of the Governor, the Secretary shall designate a 6 | |
| 151 | - | chairperson of the Commission from among its members. 7 | |
| 152 | - | ||
| 153 | - | 7–204. 8 | |
| 154 | - | ||
| 155 | - | (a) [(1)] The Commission shall appoint the staff necessary to perform the duties 9 | |
| 156 | - | of the Commission. 10 | |
| 157 | - | ||
| 158 | - | [(2)] (B) The activities of the staff may not duplicate or conflict with the 11 | |
| 159 | - | functions and services of the Division of Parole and Probation. 12 | |
| 160 | - | ||
| 161 | - | [(3)] (C) Except as otherwise provided by law, the staff is subject to the 13 | |
| 162 | - | provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article. 14 | |
| 163 | - | ||
| 164 | - | [(b) (1) (i) The Secretary may appoint the hearing examiners necessary to 15 | |
| 165 | - | conduct parole release hearings under paragraph (2) of this subsection, as provided in the 16 | |
| 166 | - | State budget. 17 | |
| 167 | - | ||
| 168 | - | (ii) Each hearing examiner shall: 18 | |
| 169 | - | ||
| 170 | - | 1. be appointed without regard to political affiliation; 19 | |
| 171 | - | ||
| 172 | - | 2. be a resident of the State; and 20 | |
| 173 | - | ||
| 174 | - | 3. have training and experience in law, sociology, psychology, 21 | |
| 175 | - | psychiatry, education, social work, or criminology. 22 | |
| 176 | - | ||
| 177 | - | (iii) A hearing examiner is entitled to compensation in accordance 23 | |
| 178 | - | with the State budget. 24 | |
| 179 | - | ||
| 180 | - | (2) A hearing examiner or a commissioner acting as a hearing examiner 25 | |
| 181 | - | may hear cases for parole release that are not required to be heard by the Commission 26 | |
| 182 | - | under § 7–205(a)(3) of this subtitle.] 27 | |
| 183 | - | ||
| 184 | - | 7–205. 28 | |
| 185 | - | ||
| 186 | - | (a) The Commission has the exclusive power to: 29 | |
| 187 | - | HOUSE BILL 1156 5 | |
| 188 | - | ||
| 189 | - | ||
| 190 | - | (1) authorize the parole of an individual sentenced under the laws of the 1 | |
| 191 | - | State to any correctional facility in the State; 2 | |
| 192 | - | ||
| 193 | - | (2) negotiate, enter into, and sign predetermined parole release 3 | |
| 194 | - | agreements as provided under subsection (b) of this section; 4 | |
| 195 | - | ||
| 196 | - | (3) hear cases for parole or administrative release [in which: 5 | |
| 197 | - | ||
| 198 | - | (i) the Commissioner of Correction, after reviewing the 6 | |
| 199 | - | recommendation of the appropriate managing official, objects to a parole; 7 | |
| 200 | - | ||
| 201 | - | (ii) the incarcerated individual was convicted of a homicide; 8 | |
| 202 | - | ||
| 203 | - | (iii) the incarcerated individual is serving a sentence of life 9 | |
| 204 | - | imprisonment; 10 | |
| 205 | - | ||
| 206 | - | (iv) the parole hearing is open to the public under § 7–304 of this title; 11 | |
| 207 | - | ||
| 208 | - | (v) the incarcerated individual fails to meet the requirements of the 12 | |
| 209 | - | administrative release process established under § 7–301.1 of this title; 13 | |
| 210 | - | ||
| 211 | - | (vi) a victim requests a hearing as provided under § 7–301.1 of this 14 | |
| 212 | - | title; or 15 | |
| 213 | - | ||
| 214 | - | (vii) the Commission finds that a hearing for administrative release 16 | |
| 215 | - | is necessary under § 7–301.1 of this title]; 17 | |
| 216 | - | ||
| 217 | - | (4) [hear exceptions to recommendations of a hearing examiner or a 18 | |
| 218 | - | commissioner acting as a hearing examiner; 19 | |
| 219 | - | ||
| 220 | - | (5) review summarily all recommendations of a hearing examiner or a 20 | |
| 221 | - | commissioner acting as a hearing examiner to which an exception has not been filed; 21 | |
| 222 | - | ||
| 223 | - | (6)] hear a case for parole in absentia when an individual who was 22 | |
| 224 | - | sentenced in this State to serve a term of imprisonment is in a correctional facility of a 23 | |
| 225 | - | jurisdiction other than this State; 24 | |
| 226 | - | ||
| 227 | - | [(7)] (5) hear cases of parole revocation; 25 | |
| 228 | - | ||
| 229 | - | [(8)] (6) if delegated by the Governor, hear cases involving an alleged 26 | |
| 230 | - | violation of a conditional pardon; and 27 | |
| 231 | - | ||
| 232 | - | [(9)] (7) determine conditions for administrative release under § 7–301.1 28 | |
| 233 | - | of this title. 29 | |
| 234 | - | ||
| 235 | - | 7–207. 30 6 HOUSE BILL 1156 | |
| 142 | + | (g)] With the approval of the Governor, the Secretary shall designate a 29 | |
| 143 | + | chairperson of the Commission from among its members. 30 4 HOUSE BILL 1156 | |
| 236 | 144 | ||
| 237 | 145 | ||
| 238 | 146 | ||
| 239 | - | (a) [(1)] Subject to the approval of the Secretary, the Commission shall adopt 1 | |
| 240 | - | regulations governing its policies and activities under this title. 2 | |
| 147 | + | 7–204. 1 | |
| 241 | 148 | ||
| 242 | - | [(2)] (B) Notwithstanding the provisions of § 10–101(g)(2)(i) of the State 3 | |
| 243 | - | Government Article, regulations adopted under [paragraph (1) of this subsection] 4 | |
| 244 | - | SUBSECTION (A) OF THIS SECTION shall comply with Title 10, Subtitle 1 of the State 5 | |
| 245 | - | Government Article. 6 | |
| 149 | + | (a) [(1)] The Commission shall appoint the staff necessary to perform the duties 2 | |
| 150 | + | of the Commission. 3 | |
| 246 | 151 | ||
| 247 | - | [(b) The Commission may adopt regulations governing: 7 | |
| 152 | + | [(2)] (B) The activities of the staff may not duplicate or conflict with the 4 | |
| 153 | + | functions and services of the Division of Parole and Probation. 5 | |
| 248 | 154 | ||
| 249 | - | (1) the conduct of proceedings before it or the hearing examiners; and 8 | |
| 155 | + | [(3)] (C) Except as otherwise provided by law, the staff is subject to the 6 | |
| 156 | + | provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article. 7 | |
| 250 | 157 | ||
| 251 | - | (2) the review and disposition of written exceptions to the recommendation 9 | |
| 252 | - | of a hearing examiner.] 10 | |
| 158 | + | [(b) (1) (i) The Secretary may appoint the hearing examiners necessary to 8 | |
| 159 | + | conduct parole release hearings under paragraph (2) of this subsection, as provided in the 9 | |
| 160 | + | State budget. 10 | |
| 253 | 161 | ||
| 254 | - | ||
| 162 | + | (ii) Each hearing examiner shall: 11 | |
| 255 | 163 | ||
| 256 | - | The Commission [or the Commission’s hearing examiners] shall hear cases for 12 | |
| 257 | - | parole release: 13 | |
| 164 | + | 1. be appointed without regard to political affiliation; 12 | |
| 258 | 165 | ||
| 259 | - | (1) at least once each month at each correctional facility in the Division of 14 | |
| 260 | - | Correction; and 15 | |
| 166 | + | 2. be a resident of the State; and 13 | |
| 261 | 167 | ||
| 262 | - | | |
| 263 | - | ||
| 168 | + | 3. have training and experience in law, sociology, psychology, 14 | |
| 169 | + | psychiatry, education, social work, or criminology. 15 | |
| 264 | 170 | ||
| 265 | - | 7–303. 18 | |
| 171 | + | (iii) A hearing examiner is entitled to compensation in accordance 16 | |
| 172 | + | with the State budget. 17 | |
| 266 | 173 | ||
| 267 | - | (a) Before any hearing on parole release, the Commission shall give the 19 | |
| 268 | - | incarcerated individual adequate and timely written notice of: 20 | |
| 174 | + | (2) A hearing examiner or a commissioner acting as a hearing examiner 18 | |
| 175 | + | may hear cases for parole release that are not required to be heard by the Commission 19 | |
| 176 | + | under § 7–205(a)(3) of this subtitle.] 20 | |
| 269 | 177 | ||
| 270 | - | ||
| 178 | + | 7–205. 21 | |
| 271 | 179 | ||
| 272 | - | (2) the factors that the Commission [or hearing examiner] will consider in 22 | |
| 273 | - | determining whether the incarcerated individual is suitable for parole. 23 | |
| 180 | + | (a) The Commission has the exclusive power to: 22 | |
| 274 | 181 | ||
| 275 | - | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 24 | |
| 276 | - | notice also shall indicate that, before the hearing, the incarcerated individual or the 25 | |
| 277 | - | incarcerated individual’s representative may, on request, examine any document that the 26 | |
| 278 | - | Commission [or hearing examiner] will use in determining whether the incarcerated 27 | |
| 279 | - | individual is suitable for parole. 28 | |
| 182 | + | (1) authorize the parole of an individual sentenced under the laws of the 23 | |
| 183 | + | State to any correctional facility in the State; 24 | |
| 280 | 184 | ||
| 281 | - | (ii) A document, or a portion of it, is not available for examination, if 29 | |
| 282 | - | the Commission determines that: 30 | |
| 185 | + | (2) negotiate, enter into, and sign predetermined parole release 25 | |
| 186 | + | agreements as provided under subsection (b) of this section; 26 | |
| 187 | + | ||
| 188 | + | (3) hear cases for parole or administrative release [in which: 27 | |
| 189 | + | ||
| 190 | + | (i) the Commissioner of Correction, after reviewing the 28 | |
| 191 | + | recommendation of the appropriate managing official, objects to a parole; 29 HOUSE BILL 1156 5 | |
| 192 | + | ||
| 193 | + | ||
| 194 | + | ||
| 195 | + | (ii) the incarcerated individual was convicted of a homicide; 1 | |
| 196 | + | ||
| 197 | + | (iii) the incarcerated individual is serving a sentence of life 2 | |
| 198 | + | imprisonment; 3 | |
| 199 | + | ||
| 200 | + | (iv) the parole hearing is open to the public under § 7–304 of this title; 4 | |
| 201 | + | ||
| 202 | + | (v) the incarcerated individual fails to meet the requirements of the 5 | |
| 203 | + | administrative release process established under § 7–301.1 of this title; 6 | |
| 204 | + | ||
| 205 | + | (vi) a victim requests a hearing as provided under § 7–301.1 of this 7 | |
| 206 | + | title; or 8 | |
| 207 | + | ||
| 208 | + | (vii) the Commission finds that a hearing for administrative release 9 | |
| 209 | + | is necessary under § 7–301.1 of this title]; 10 | |
| 210 | + | ||
| 211 | + | (4) [hear exceptions to recommendations of a hearing examiner or a 11 | |
| 212 | + | commissioner acting as a hearing examiner; 12 | |
| 213 | + | ||
| 214 | + | (5) review summarily all recommendations of a hearing examiner or a 13 | |
| 215 | + | commissioner acting as a hearing examiner to which an exception has not been filed; 14 | |
| 216 | + | ||
| 217 | + | (6)] hear a case for parole in absentia when an individual who was 15 | |
| 218 | + | sentenced in this State to serve a term of imprisonment is in a correctional facility of a 16 | |
| 219 | + | jurisdiction other than this State; 17 | |
| 220 | + | ||
| 221 | + | [(7)] (5) hear cases of parole revocation; 18 | |
| 222 | + | ||
| 223 | + | [(8)] (6) if delegated by the Governor, hear cases involving an alleged 19 | |
| 224 | + | violation of a conditional pardon; and 20 | |
| 225 | + | ||
| 226 | + | [(9)] (7) determine conditions for administrative release under § 7–301.1 21 | |
| 227 | + | of this title. 22 | |
| 228 | + | ||
| 229 | + | 7–207. 23 | |
| 230 | + | ||
| 231 | + | (a) [(1)] Subject to the approval of the Secretary, the Commission shall adopt 24 | |
| 232 | + | regulations governing its policies and activities under this title. 25 | |
| 233 | + | ||
| 234 | + | [(2)] (B) Notwithstanding the provisions of § 10–101(g)(2)(i) of the State 26 | |
| 235 | + | Government Article, regulations adopted under [paragraph (1) of this subsection] 27 | |
| 236 | + | SUBSECTION (A) OF THIS SECTION shall comply with Title 10, Subtitle 1 of the State 28 | |
| 237 | + | Government Article. 29 | |
| 238 | + | ||
| 239 | + | [(b) The Commission may adopt regulations governing: 30 6 HOUSE BILL 1156 | |
| 240 | + | ||
| 241 | + | ||
| 242 | + | ||
| 243 | + | (1) the conduct of proceedings before it or the hearing examiners; and 1 | |
| 244 | + | ||
| 245 | + | (2) the review and disposition of written exceptions to the recommendation 2 | |
| 246 | + | of a hearing examiner.] 3 | |
| 247 | + | ||
| 248 | + | 7–302. 4 | |
| 249 | + | ||
| 250 | + | The Commission [or the Commission’s hearing examiners] shall hear cases for 5 | |
| 251 | + | parole release: 6 | |
| 252 | + | ||
| 253 | + | (1) at least once each month at each correctional facility in the Division of 7 | |
| 254 | + | Correction; and 8 | |
| 255 | + | ||
| 256 | + | (2) as often as necessary at other correctional facilities in the State at 9 | |
| 257 | + | which incarcerated individuals eligible for parole consideration are confined. 10 | |
| 258 | + | ||
| 259 | + | 7–303. 11 | |
| 260 | + | ||
| 261 | + | (a) Before any hearing on parole release, the Commission shall give the 12 | |
| 262 | + | incarcerated individual adequate and timely written notice of: 13 | |
| 263 | + | ||
| 264 | + | (1) the date, time, and place of the hearing; and 14 | |
| 265 | + | ||
| 266 | + | (2) the factors that the Commission [or hearing examiner] will consider in 15 | |
| 267 | + | determining whether the incarcerated individual is suitable for parole. 16 | |
| 268 | + | ||
| 269 | + | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 17 | |
| 270 | + | notice also shall indicate that, before the hearing, the incarcerated individual or the 18 | |
| 271 | + | incarcerated individual’s representative may, on request, examine any document that the 19 | |
| 272 | + | Commission [or hearing examiner] will use in determining whether the incarcerated 20 | |
| 273 | + | individual is suitable for parole. 21 | |
| 274 | + | ||
| 275 | + | (ii) A document, or a portion of it, is not available for examination, if 22 | |
| 276 | + | the Commission determines that: 23 | |
| 277 | + | ||
| 278 | + | 1. the document or portion contains a diagnostic opinion; 24 | |
| 279 | + | ||
| 280 | + | 2. the incarcerated individual’s knowledge of the document 25 | |
| 281 | + | or portion would disrupt seriously a program of rehabilitation; 26 | |
| 282 | + | ||
| 283 | + | 3. the document or portion contains sources of information 27 | |
| 284 | + | obtained on a promise of confidentiality; or 28 | |
| 285 | + | ||
| 286 | + | 4. the document or portion is otherwise privileged. 29 | |
| 283 | 287 | HOUSE BILL 1156 7 | |
| 284 | 288 | ||
| 285 | 289 | ||
| 286 | - | 1. the document or portion contains a diagnostic opinion; 1 | |
| 290 | + | (iii) If the Commission determines that a document or a portion of it 1 | |
| 291 | + | is not available for examination, the Commission shall notify the incarcerated individual 2 | |
| 292 | + | that: 3 | |
| 287 | 293 | ||
| 288 | - | | |
| 289 | - | ||
| 294 | + | 1. the document or portion is not available for examination; 4 | |
| 295 | + | and 5 | |
| 290 | 296 | ||
| 291 | - | 3. the document or portion contains sources of information 4 | |
| 292 | - | obtained on a promise of confidentiality; or 5 | |
| 297 | + | 2. on request and if appropriate, the Commission will provide 6 | |
| 298 | + | the incarcerated individual or the incarcerated individual’s representative with the 7 | |
| 299 | + | substance of any information contained in the document or portion. 8 | |
| 293 | 300 | ||
| 294 | - | 4. the document or portion is otherwise privileged. 6 | |
| 301 | + | (2) The Commission shall delete the address and phone number of the 9 | |
| 302 | + | victim or the victim’s designated representative from a document before the incarcerated 10 | |
| 303 | + | individual or the incarcerated individual’s representative examines the document. 11 | |
| 295 | 304 | ||
| 296 | - | (iii) If the Commission determines that a document or a portion of it 7 | |
| 297 | - | is not available for examination, the Commission shall notify the incarcerated individual 8 | |
| 298 | - | that: 9 | |
| 305 | + | 7–305. 12 | |
| 299 | 306 | ||
| 300 | - | 1. the document or portion is not available for examination; 10 | |
| 301 | - | and 11 | |
| 307 | + | Each [hearing examiner and] commissioner determining whether an incarcerated 13 | |
| 308 | + | individual is suitable for parole, and the Commission before entering into a predetermined 14 | |
| 309 | + | parole release agreement, shall consider: 15 | |
| 302 | 310 | ||
| 303 | - | 2. on request and if appropriate, the Commission will provide 12 | |
| 304 | - | the incarcerated individual or the incarcerated individual’s representative with the 13 | |
| 305 | - | substance of any information contained in the document or portion. 14 | |
| 311 | + | (1) the circumstances surrounding the crime; 16 | |
| 306 | 312 | ||
| 307 | - | (2) The Commission shall delete the address and phone number of the 15 | |
| 308 | - | victim or the victim’s designated representative from a document before the incarcerated 16 | |
| 309 | - | individual or the incarcerated individual’s representative examines the document. 17 | |
| 313 | + | (2) the physical, mental, and moral qualifications of the incarcerated 17 | |
| 314 | + | individual; 18 | |
| 310 | 315 | ||
| 311 | - | 7–305. 18 | |
| 316 | + | (3) the progress of the incarcerated individual during confinement, 19 | |
| 317 | + | including the academic progress of the incarcerated individual in the mandatory education 20 | |
| 318 | + | program required under § 22–102 of the Education Article; 21 | |
| 312 | 319 | ||
| 313 | - | Each [hearing examiner and] commissioner determining whether an incarcerated 19 | |
| 314 | - | individual is suitable for parole, and the Commission before entering into a predetermined 20 | |
| 315 | - | parole release agreement, shall consider: 21 | |
| 320 | + | (4) a report on a drug or alcohol evaluation that has been conducted on the 22 | |
| 321 | + | incarcerated individual, including any recommendations concerning the incarcerated 23 | |
| 322 | + | individual’s amenability for treatment and the availability of an appropriate treatment 24 | |
| 323 | + | program; 25 | |
| 316 | 324 | ||
| 317 | - | (1) the circumstances surrounding the crime; 22 | |
| 325 | + | (5) whether there is reasonable probability that the incarcerated 26 | |
| 326 | + | individual, if released on parole, will remain at liberty without violating the law; 27 | |
| 318 | 327 | ||
| 319 | - | ( | |
| 320 | - | ||
| 328 | + | (6) whether release of the incarcerated individual on parole is compatible 28 | |
| 329 | + | with the welfare of society; 29 | |
| 321 | 330 | ||
| 322 | - | (3) the progress of the incarcerated individual during confinement, 25 | |
| 323 | - | including the academic progress of the incarcerated individual in the mandatory education 26 | |
| 324 | - | program required under § 22–102 of the Education Article; 27 | |
| 331 | + | (7) an updated victim impact statement or recommendation prepared 30 | |
| 332 | + | under § 7–801 of this title; 31 | |
| 325 | 333 | ||
| 326 | - | (4) a report on a drug or alcohol evaluation that has been conducted on the 28 | |
| 327 | - | incarcerated individual, including any recommendations concerning the incarcerated 29 | |
| 328 | - | individual’s amenability for treatment and the availability of an appropriate treatment 30 | |
| 329 | - | program; 31 | |
| 330 | - | ||
| 331 | - | (5) whether there is reasonable probability that the incarcerated 32 | |
| 332 | - | individual, if released on parole, will remain at liberty without violating the law; 33 8 HOUSE BILL 1156 | |
| 334 | + | (8) any recommendation made by the sentencing judge at the time of 32 | |
| 335 | + | sentencing; 33 | |
| 336 | + | 8 HOUSE BILL 1156 | |
| 333 | 337 | ||
| 334 | 338 | ||
| 339 | + | (9) any information that is presented to a commissioner at a meeting with 1 | |
| 340 | + | the victim; 2 | |
| 335 | 341 | ||
| 336 | - | ( | |
| 337 | - | ||
| 342 | + | (10) any testimony presented to the Commission by the victim or the victim’s 3 | |
| 343 | + | designated representative under § 7–801 of this title; and 4 | |
| 338 | 344 | ||
| 339 | - | ( | |
| 340 | - | ||
| 345 | + | (11) compliance with the case plan developed under § 7–301.1 of this subtitle 5 | |
| 346 | + | or § 3–601 of this article. 6 | |
| 341 | 347 | ||
| 342 | - | (8) any recommendation made by the sentencing judge at the time of 5 | |
| 343 | - | sentencing; 6 | |
| 348 | + | [7–306. 7 | |
| 344 | 349 | ||
| 345 | - | ( | |
| 346 | - | ||
| 350 | + | (a) (1) The chairperson of the Commission shall assign hearing examiners, or 8 | |
| 351 | + | commissioners acting as hearing examiners, as required to hear cases for parole. 9 | |
| 347 | 352 | ||
| 348 | - | ( | |
| 349 | - | ||
| 353 | + | (2) Each proceeding before a hearing examiner shall be conducted in 10 | |
| 354 | + | accordance with this section. 11 | |
| 350 | 355 | ||
| 351 | - | ( | |
| 352 | - | ||
| 356 | + | (b) The Commission shall keep a record of each hearing conducted by a hearing 12 | |
| 357 | + | examiner. 13 | |
| 353 | 358 | ||
| 354 | - | [7–306. 13 | |
| 359 | + | (c) A hearing examiner shall determine if an incarcerated individual is suitable 14 | |
| 360 | + | for parole in accordance with the factors and other information specified in § 7–305 of this 15 | |
| 361 | + | subtitle. 16 | |
| 355 | 362 | ||
| 356 | - | (a) (1) The chairperson of the Commission shall assign hearing examiners, or 14 | |
| 357 | - | commissioners acting as hearing examiners, as required to hear cases for parole. 15 | |
| 363 | + | (d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 17 | |
| 364 | + | incarcerated individual of the hearing examiner’s recommendation for parole or denial of 18 | |
| 365 | + | parole. 19 | |
| 358 | 366 | ||
| 359 | - | (2) Each proceeding before a hearing examiner shall be conducted in 16 | |
| 360 | - | accordance with this section. 17 | |
| 367 | + | (2) Within 21 days after the hearing, the hearing examiner shall give to 20 | |
| 368 | + | the Commission, the Commissioner of Correction, and the incarcerated individual a written 21 | |
| 369 | + | report of the hearing examiner’s findings and recommendation for parole or denial of parole. 22 | |
| 361 | 370 | ||
| 362 | - | (b) The Commission shall keep a record of each hearing conducted by a hearing 18 | |
| 363 | - | examiner. 19 | |
| 371 | + | (3) The Commissioner of Correction or the incarcerated individual may file 23 | |
| 372 | + | with the Commission written exceptions to the report of a hearing examiner no later than 24 | |
| 373 | + | 5 days after the report is received. 25 | |
| 364 | 374 | ||
| 365 | - | ( | |
| 366 | - | ||
| 367 | - | ||
| 375 | + | (e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 26 | |
| 376 | + | by the chairperson of the Commission shall review summarily the recommendation of the 27 | |
| 377 | + | hearing examiner. 28 | |
| 368 | 378 | ||
| 369 | - | ( | |
| 370 | - | ||
| 371 | - | ||
| 379 | + | (2) (i) The Commission, on its own initiative or on the filing of an 29 | |
| 380 | + | exception, may schedule a hearing on the record by the entire Commission or by a panel of 30 | |
| 381 | + | at least two commissioners assigned by the chairperson of the Commission. 31 | |
| 372 | 382 | ||
| 373 | - | (2) Within 21 days after the hearing, the hearing examiner shall give to 26 | |
| 374 | - | the Commission, the Commissioner of Correction, and the incarcerated individual a written 27 | |
| 375 | - | report of the hearing examiner’s findings and recommendation for parole or denial of parole. 28 | |
| 376 | - | ||
| 377 | - | (3) The Commissioner of Correction or the incarcerated individual may file 29 | |
| 378 | - | with the Commission written exceptions to the report of a hearing examiner no later than 30 | |
| 379 | - | 5 days after the report is received. 31 | |
| 383 | + | (ii) The Commission or panel shall render a written decision on the 32 | |
| 384 | + | appeal. 33 | |
| 380 | 385 | HOUSE BILL 1156 9 | |
| 381 | 386 | ||
| 382 | 387 | ||
| 383 | - | (e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 1 | |
| 384 | - | by the chairperson of the Commission shall review summarily the recommendation of the 2 | |
| 385 | - | hearing examiner. 3 | |
| 388 | + | (iii) The decision of the Commission or panel is final. 1 | |
| 386 | 389 | ||
| 387 | - | ( | |
| 388 | - | ||
| 389 | - | ||
| 390 | + | (3) If an exception is not filed and the Commission does not act on its own 2 | |
| 391 | + | initiative within the 5–day appeal period established under subsection (d)(3) of this section, 3 | |
| 392 | + | the recommendation of the hearing examiner is approved.] 4 | |
| 390 | 393 | ||
| 391 | - | (ii) The Commission or panel shall render a written decision on the 7 | |
| 392 | - | appeal. 8 | |
| 394 | + | 7–307. 5 | |
| 393 | 395 | ||
| 394 | - | (iii) The decision of the Commission or panel is final. 9 | |
| 396 | + | (a) (1) Except as provided in subsection (c) of this section, the chairperson of 6 | |
| 397 | + | the Commission shall assign at least two commissioners to hear cases for parole release as 7 | |
| 398 | + | a panel. 8 | |
| 395 | 399 | ||
| 396 | - | (3) If an exception is not filed and the Commission does not act on its own 10 | |
| 397 | - | initiative within the 5–day appeal period established under subsection (d)(3) of this section, 11 | |
| 398 | - | the recommendation of the hearing examiner is approved.] 12 | |
| 400 | + | (2) Each proceeding before a Commission panel shall be conducted in 9 | |
| 401 | + | accordance with this section. 10 | |
| 399 | 402 | ||
| 400 | - | 7–307. 13 | |
| 403 | + | (b) (1) (i) A Commission panel that consists of two commissioners shall 11 | |
| 404 | + | determine, by unanimous vote, whether the incarcerated individual is suitable for parole 12 | |
| 405 | + | in accordance with the factors and other information specified in § 7–305 of this subtitle. 13 | |
| 401 | 406 | ||
| 402 | - | ( | |
| 403 | - | the Commission shall | |
| 404 | - | ||
| 407 | + | (ii) If the two–commissioner panel is unable to reach a unanimous 14 | |
| 408 | + | decision, the chairperson of the Commission shall convene a three–commissioner panel as 15 | |
| 409 | + | soon as practicable to rehear the case. 16 | |
| 405 | 410 | ||
| 406 | - | (2) Each proceeding before a Commission panel shall be conducted in 17 | |
| 407 | - | accordance with this section. 18 | |
| 411 | + | (2) A Commission panel that consists of three commissioners shall 17 | |
| 412 | + | determine, by majority vote, whether the incarcerated individual is suitable for parole in 18 | |
| 413 | + | accordance with the factors and other information specified in § 7–305 of this subtitle. 19 | |
| 408 | 414 | ||
| 409 | - | (b) (1) (i) A Commission panel that consists of two commissioners shall 19 | |
| 410 | - | determine, by unanimous vote, whether the incarcerated individual is suitable for parole 20 | |
| 411 | - | in accordance with the factors and other information specified in § 7–305 of this subtitle. 21 | |
| 415 | + | (c) For an incarcerated individual who has been sentenced to life imprisonment 20 | |
| 416 | + | after being convicted of a crime committed on or after October 1, 2021, at least six 21 | |
| 417 | + | affirmative votes are required to approve the incarcerated individual for parole, based on 22 | |
| 418 | + | consideration of the factors specified in § 7–305 of this subtitle. 23 | |
| 412 | 419 | ||
| 413 | - | (ii) If the two–commissioner panel is unable to reach a unanimous 22 | |
| 414 | - | decision, the chairperson of the Commission shall convene a three–commissioner panel as 23 | |
| 415 | - | soon as practicable to rehear the case. 24 | |
| 420 | + | (d) (1) The Commission panel shall inform the incarcerated individual and the 24 | |
| 421 | + | appropriate correctional authority of the Commission’s decision as soon as possible. 25 | |
| 416 | 422 | ||
| 417 | - | (2) A Commission panel that consists of three commissioners shall 25 | |
| 418 | - | determine, by majority vote, whether the incarcerated individual is suitable for parole in 26 | |
| 419 | - | accordance with the factors and other information specified in § 7–305 of this subtitle. 27 | |
| 423 | + | (2) If parole is denied, the Commission shall give the incarcerated 26 | |
| 424 | + | individual a written report of its findings within 30 days after the hearing. 27 | |
| 420 | 425 | ||
| 421 | - | (c) For an incarcerated individual who has been sentenced to life imprisonment 28 | |
| 422 | - | after being convicted of a crime committed on or after October 1, 2021, at least six 29 | |
| 423 | - | affirmative votes are required to approve the incarcerated individual for parole, based on 30 | |
| 424 | - | consideration of the factors specified in § 7–305 of this subtitle. 31 | |
| 426 | + | SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 28 | |
| 427 | + | Assembly that any funds budgeted for hearing examiner salaries as of the effective date of 29 | |
| 428 | + | this Act be re–budgeted for parole commissioner salaries. 30 | |
| 425 | 429 | ||
| 426 | - | (d) (1) The Commission panel shall inform the incarcerated individual and the 32 | |
| 427 | - | appropriate correctional authority of the Commission’s decision as soon as possible. 33 | |
| 428 | - | 10 HOUSE BILL 1156 | |
| 429 | - | ||
| 430 | - | ||
| 431 | - | (2) If parole is denied, the Commission shall give the incarcerated 1 | |
| 432 | - | individual a written report of its findings within 30 days after the hearing. 2 | |
| 433 | - | ||
| 434 | - | SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 3 | |
| 435 | - | Assembly that any funds budgeted for hearing examiner salaries as of the effective date of 4 | |
| 436 | - | this Act be re–budgeted for parole commissioner salaries. 5 | |
| 437 | - | ||
| 438 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
| 439 | - | October 1, 2025. 7 | |
| 440 | - | ||
| 441 | - | ||
| 442 | - | ||
| 443 | - | Approved: | |
| 444 | - | ________________________________________________________________________________ | |
| 445 | - | Governor. | |
| 446 | - | ________________________________________________________________________________ | |
| 447 | - | Speaker of the House of Delegates. | |
| 448 | - | ________________________________________________________________________________ | |
| 449 | - | President of the Senate. | |
| 430 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
| 431 | + | October 1, 2025. 32 |