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.
*hb1156*
HOUSE BILL 1156
E5 5lr3152
By: Delegate Phillips
Introduced and read first time: February 6, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 2, 2025
CHAPTER ______
AN ACT concerning 1
Correctional Services – Maryland Parole Commission – Members and Hearing 2
Examiners 3
FOR the purpose of altering the number of members of the Maryland Parole Commission; 4
altering the appointing authority and method of appointment of parole 5
commissioners; repealing the authority of the Commission to appoint and utilize 6
hearing examiners; and generally relating to the Maryland Parole Commission. 7
BY repealing and reenacting, with amendments, 8
Article – Correctional Services 9
Section 7–202, 7–204, 7–205(a), 7–207, 7–302, 7–303, and 7–305 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2024 Supplement) 12
BY repealing 13
Article – Correctional Services 14
Section 7–306 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Correctional Services 19
Section 7–307 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 1156
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
7–202. 4
(a) (1) The Commission consists of [ten] AT LEAST 15 BUT NOT MORE THAN 5
20 members. 6
(2) (I) [With the approval of the] SUBJECT TO SUBPARAGRA PH (III) 7
OF THIS PARAGRAPH , THE Governor [and the advice and consent of the Senate, the 8
Secretary] shall appoint the members of the Commission FROM AMONG NOMINEES 9
CHOSEN BY A PANEL CO NSISTING OF: 10
1. THE EXECUTIVE DIRECTOR OF THE MARYLAND 11
POLICE TRAINING AND STANDARDS COMMISSION; 12
2. THE PUBLIC DEFENDER OF MARYLAND; 13
3. THE PRESIDENT OF THE MARYLAND STATE’S 14
ATTORNEYS’ ASSOCIATION; 15
4. THREE SERVICE PROVID ERS FROM THE FIELDS OF 16
MENTAL HEALTH , SUBSTANCE USE TREATM ENT, VOCATIONAL AND EDUCA TIONAL 17
TRAINING, OR COMMUNITY ORGANIZ ING, APPOINTED BY THE GOVERNOR; 18
5. THE STATE SUPERINTENDENT OF EDUCATION; 19
6. THE PRESIDENT OF THE NATIONAL ASSOCIATION OF 20
SOCIAL WORKERS – MARYLAND CHAPTER, OR THE PRESIDENT’S DESIGNEE; 21
7. THREE MEMBERS OF THE GENERAL PUBLIC , 22
APPOINTED BY THE GOVERNOR; AND 23
8. ONE PRISONERS ’ RIGHTS ADVOCATE , CHOSEN BY THE 24
GOVERNOR. 25
(II) THE PANEL SHALL SUBMI T TO THE GOVERNOR THE NAMES 26
OF AT LEAST THREE QUALIFIED NOMINEES FOR EACH COMMISSIONER VACANCY TO 27
BE FILLED. 28
HOUSE BILL 1156 3
(III) THE REQUIREMENT FOR N OMINATION BY THE PAN EL 1
UNDER THIS PARAGRAPH APPLIES ONLY TO AN I NITIAL TERM AS COMMI SSIONER 2
AND NOT TO ANY SUBSEQUEN T CONSECUTIVE TERM O F A SITTING COMMISSI ONER 3
WHOSE INITIAL APPOIN TMENT TO OFFICE WAS MADE PURSUANT TO PAN EL 4
NOMINATION . 5
(b) Each commissioner shall: 6
(1) be appointed without regard to political affiliation; 7
(2) be a resident of the State; and 8
(3) have training and experience in law, sociology, psychology, psychiatry, 9
education, social work, or criminology. 10
(c) Each commissioner: 11
(1) shall devote full time to the duties of the Commission; and 12
(2) may not have any othe r employment that conflicts with the 13
commissioner’s devotion of full time to the duties of the Commission. 14
(d) (1) The term of a commissioner is 6 years. 15
(2) At the end of a term, a commissioner continues to serve until a successor 16
is appointed and qualifies. 17
(3) A commissioner who is appointed after a term has begun serves only for 18
the rest of the term and until a successor is appointed and qualifies. 19
(e) (1) With the approval of the Governor, the Secretary may remove a 20
commissioner for disability, neglect of duty, or misconduct in office. 21
(2) Before removing a commissioner, the Secretary shall: 22
(i) give the commissioner written notice of the charges against the 23
commissioner; and 24
(ii) hold a public hearing on the charges. 25
(f) [(1) If a commissioner is unable to perform the commissioner’s duties 26
because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing 27
examiner to the Commission to perform those duties until that commissioner is able to 28
resume those duties or until a new commissioner is appointed and qualifies. 29
4 HOUSE BILL 1156
(2) A hearing examiner appointed under this subsection is entitled to the 1
same compensation as a commissioner. 2
(3) A hearing examiner appointed under this subsection may not 3
participate in a proceeding before the Commission in which the hearing examiner 4
participated as a hearing examiner. 5
(g)] With the approval of the Governor, the Secretary shall designate a 6
chairperson of the Commission from among its members. 7
7–204. 8
(a) [(1)] The Commission shall appoint the staff necessary to perform the duties 9
of the Commission. 10
[(2)] (B) The activities of the staff may not duplicate or conflict with the 11
functions and services of the Division of Parole and Probation. 12
[(3)] (C) Except as otherwise provided by law, the staff is subject to the 13
provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article. 14
[(b) (1) (i) The Secretary may appoint the hearing examiners necessary to 15
conduct parole release hearings under paragraph (2) of this subsection, as provided in the 16
State budget. 17
(ii) Each hearing examiner shall: 18
1. be appointed without regard to political affiliation; 19
2. be a resident of the State; and 20
3. have training and experience in law, sociology, psychology, 21
psychiatry, education, social work, or criminology. 22
(iii) A hearing examiner is entitled to compensation in accordance 23
with the State budget. 24
(2) A hearing examiner or a commissioner acting as a hearing examiner 25
may hear cases for parole release that are not required to be heard by the Commission 26
under § 7–205(a)(3) of this subtitle.] 27
7–205. 28
(a) The Commission has the exclusive power to: 29
HOUSE BILL 1156 5
(1) authorize the parole of an individual sentenced under the laws of the 1
State to any correctional facility in the State; 2
(2) negotiate, enter into, and sign predetermined parole release 3
agreements as provided under subsection (b) of this section; 4
(3) hear cases for parole or administrative release [in which: 5
(i) the Commissioner of Correction, after reviewing the 6
recommendation of the appropriate managing official, objects to a parole; 7
(ii) the incarcerated individual was convicted of a homicide; 8
(iii) the incarcerated individual is serving a sentence of life 9
imprisonment; 10
(iv) the parole hearing is open to the public under § 7–304 of this title; 11
(v) the incarcerated individual fails to meet the requirements of the 12
administrative release process established under § 7–301.1 of this title; 13
(vi) a victim requests a hearing as provided under § 7–301.1 of this 14
title; or 15
(vii) the Commission finds that a hearing for administrative release 16
is necessary under § 7–301.1 of this title]; 17
(4) [hear exceptions to recommendations of a hearing examiner or a 18
commissioner acting as a hearing examiner; 19
(5) review summarily all recommendations of a hearing examiner or a 20
commissioner acting as a hearing examiner to which an exception has not been filed; 21
(6)] hear a case for parole in absentia when an individual who was 22
sentenced in this State to serve a term of imprisonment is in a correctional facility of a 23
jurisdiction other than this State; 24
[(7)] (5) hear cases of parole revocation; 25
[(8)] (6) if delegated by the Governor, hear cases involving an alleged 26
violation of a conditional pardon; and 27
[(9)] (7) determine conditions for administrative release under § 7–301.1 28
of this title. 29
7–207. 30 6 HOUSE BILL 1156
(a) [(1)] Subject to the approval of the Secretary, the Commission shall adopt 1
regulations governing its policies and activities under this title. 2
[(2)] (B) Notwithstanding the provisions of § 10–101(g)(2)(i) of the State 3
Government Article, regulations adopted under [paragraph (1) of this subsection] 4
SUBSECTION (A) OF THIS SECTION shall comply with Title 10, Subtitle 1 of the State 5
Government Article. 6
[(b) The Commission may adopt regulations governing: 7
(1) the conduct of proceedings before it or the hearing examiners; and 8
(2) the review and disposition of written exceptions to the recommendation 9
of a hearing examiner.] 10
7–302. 11
The Commission [or the Commission’s hearing examiners] shall hear cases for 12
parole release: 13
(1) at least once each month at each correctional facility in the Division of 14
Correction; and 15
(2) as often as necessary at other correctional facilities in the State at 16
which incarcerated individuals eligible for parole consideration are confined. 17
7–303. 18
(a) Before any hearing on parole release, the Commission shall give the 19
incarcerated individual adequate and timely written notice of: 20
(1) the date, time, and place of the hearing; and 21
(2) the factors that the Commission [or hearing examiner] will consider in 22
determining whether the incarcerated individual is suitable for parole. 23
(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 24
notice also shall indicate that, before the hearing, the incarcerated individual or the 25
incarcerated individual’s representative may, on request, examine any document that the 26
Commission [or hearing examiner] will use in determining whether the incarcerated 27
individual is suitable for parole. 28
(ii) A document, or a portion of it, is not available for examination, if 29
the Commission determines that: 30
HOUSE BILL 1156 7
1. the document or portion contains a diagnostic opinion; 1
2. the incarcerated individual’s knowledge of the document 2
or portion would disrupt seriously a program of rehabilitation; 3
3. the document or portion contains sources of information 4
obtained on a promise of confidentiality; or 5
4. the document or portion is otherwise privileged. 6
(iii) If the Commission determines that a document or a portion of it 7
is not available for examination, the Commission shall notify the incarcerated individual 8
that: 9
1. the document or portion is not available for examination; 10
and 11
2. on request and if appropriate, the Commission will provide 12
the incarcerated individual or the incarcerated individual’s representative with the 13
substance of any information contained in the document or portion. 14
(2) The Commission shall delete the address and phone number of the 15
victim or the victim’s designated representative from a document before the incarcerated 16
individual or the incarcerated individual’s representative examines the document. 17
7–305. 18
Each [hearing examiner and] commissioner determining whether an incarcerated 19
individual is suitable for parole, and the Commission before entering into a predetermined 20
parole release agreement, shall consider: 21
(1) the circumstances surrounding the crime; 22
(2) the physical, mental, and moral qualifications of the incarcerated 23
individual; 24
(3) the progress of the incarcerated individual during confinement, 25
including the academic progress of the incarcerated individual in the mandatory education 26
program required under § 22–102 of the Education Article; 27
(4) a report on a drug or alcohol evaluation that has been conducted on the 28
incarcerated individual, including any recommendations concerning the incarcerated 29
individual’s amenability for treatment and the availability of an appropriate treatment 30
program; 31
(5) whether there is reasonable probability that the incarcerated 32
individual, if released on parole, will remain at liberty without violating the law; 33 8 HOUSE BILL 1156
(6) whether release of the incarcerated individual on parole is compatible 1
with the welfare of society; 2
(7) an updated victim impact statement or recommendation prepared 3
under § 7–801 of this title; 4
(8) any recommendation made by the sentencing judge at the time of 5
sentencing; 6
(9) any information that is presented to a commissioner at a meeting with 7
the victim; 8
(10) any testimony presented to the Commission by the victim or the victim’s 9
designated representative under § 7–801 of this title; and 10
(11) compliance with the case plan developed under § 7–301.1 of this subtitle 11
or § 3–601 of this article. 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 days after the hearing, the hearing examiner shall give to 26
the Commission, the Commissioner of Correction, and the incarcerated individual a written 27
report of the hearing examiner’s findings and recommendation for parole or denial of parole. 28
(3) The Commissioner of Correction or the incarcerated individual may file 29
with the Commission written exceptions to the report of a hearing examiner no later than 30
5 days after the report is received. 31
HOUSE BILL 1156 9
(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
7–307. 13
(a) (1) Except as provided in subsection (c) of this section, the chairperson of 14
the Commission shall assign at least two commissioners to hear cases for parole release as 15
a panel. 16
(2) Each proceeding before a Commission panel shall be conducted in 17
accordance with this section. 18
(b) (1) (i) A Commission panel that consists of two commissioners shall 19
determine, by unanimous vote, whether the incarcerated individual is suitable for parole 20
in accordance with the factors and other information specified in § 7–305 of this subtitle. 21
(ii) If the two–commissioner panel is unable to reach a unanimous 22
decision, the chairperson of the Commission shall convene a three–commissioner panel as 23
soon as practicable to rehear the case. 24
(2) A Commission panel that consists of three commissioners shall 25
determine, by majority vote, whether the incarcerated individual is suitable for parole in 26
accordance with the factors and other information specified in § 7–305 of this subtitle. 27
(c) For an incarcerated individual who has been sentenced to life imprisonment 28
after being convicted of a crime committed on or after October 1, 2021, at least six 29
affirmative votes are required to approve the incarcerated individual for parole, based on 30
consideration of the factors specified in § 7–305 of this subtitle. 31
(d) (1) The Commission panel shall inform the incarcerated individual and the 32
appropriate correctional authority of the Commission’s decision as soon as possible. 33
10 HOUSE BILL 1156
(2) If parole is denied, the Commission shall give the incarcerated 1
individual a written report of its findings within 30 days after the hearing. 2
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 3
Assembly that any funds budgeted for hearing examiner salaries as of the effective date of 4
this Act be re–budgeted for parole commissioner salaries. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.