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 | 5 | | *hb1247* |
---|
6 | 6 | | |
---|
7 | 7 | | HOUSE BILL 1247 |
---|
8 | 8 | | E5 5lr2345 |
---|
9 | 9 | | |
---|
10 | 10 | | By: Delegate Otto |
---|
11 | 11 | | Introduced and read first time: February 7, 2025 |
---|
12 | 12 | | Assigned to: Judiciary |
---|
13 | 13 | | |
---|
14 | 14 | | A BILL ENTITLED |
---|
15 | 15 | | |
---|
16 | 16 | | AN ACT concerning 1 |
---|
17 | 17 | | |
---|
18 | 18 | | Correctional Services – Parole, Commutation of Sentence, Pardon, and 2 |
---|
19 | 19 | | Remission of Sentence – Notification 3 |
---|
20 | 20 | | |
---|
21 | 21 | | FOR the purpose of requiring the Department of Public Safety and Correctional Services 4 |
---|
22 | 22 | | to notify a victim or victim’s representative by certified mail that a parole release 5 |
---|
23 | 23 | | hearing has been scheduled or that an incarcerated individual is being considered 6 |
---|
24 | 24 | | for a commutation of sentence, pardon, or remission of sentence; requiring the 7 |
---|
25 | 25 | | Department to make at least two attempts in writing by certified mail to notify a 8 |
---|
26 | 26 | | victim or victim’s representative of certain decisions of the Maryland Parole 9 |
---|
27 | 27 | | Commission; and generally relating to parole, commutation of sentence, pardon, and 10 |
---|
28 | 28 | | remission of sentence. 11 |
---|
29 | 29 | | |
---|
30 | 30 | | BY repealing and reenacting, with amendments, 12 |
---|
31 | 31 | | Article – Correctional Services 13 |
---|
32 | 32 | | Section 7–801(b) and (h) and 7–805(a) and (e) 14 |
---|
33 | 33 | | Annotated Code of Maryland 15 |
---|
34 | 34 | | (2017 Replacement Volume and 2024 Supplement) 16 |
---|
35 | 35 | | |
---|
36 | 36 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 |
---|
37 | 37 | | That the Laws of Maryland read as follows: 18 |
---|
38 | 38 | | |
---|
39 | 39 | | Article – Correctional Services 19 |
---|
40 | 40 | | |
---|
41 | 41 | | 7–801. 20 |
---|
42 | 42 | | |
---|
43 | 43 | | (b) (1) At least 90 days before an incarcerated individual’s parole release 21 |
---|
44 | 44 | | hearing, the Department shall notify the victim or the victim’s representative in writing 22 |
---|
45 | 45 | | BY CERTIFIED MAIL , directed to the most current address on file, that the parole release 23 |
---|
46 | 46 | | hearing has been scheduled if: 24 |
---|
47 | 47 | | 2 HOUSE BILL 1247 |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | (i) the victim or the victim’s representative filed a notification 1 |
---|
51 | 51 | | request form under § 11–104 of the Criminal Procedure Article; or 2 |
---|
52 | 52 | | |
---|
53 | 53 | | (ii) the victim makes a written request to the Department for 3 |
---|
54 | 54 | | notification and maintains a current address on file with the Department. 4 |
---|
55 | 55 | | |
---|
56 | 56 | | (2) The victim may designate in writing to the Department the name and 5 |
---|
57 | 57 | | address of a representative who is a resident of the State to receive notice for the victim. 6 |
---|
58 | 58 | | |
---|
59 | 59 | | (h) The Department shall MAKE AT LEAST TWO ATT EMPTS IN WRITING BY 7 |
---|
60 | 60 | | CERTIFIED MAIL TO notify promptly the victim or the victim’s representative of the 8 |
---|
61 | 61 | | decision of the Commission regarding parole for the incarcerated individual. 9 |
---|
62 | 62 | | |
---|
63 | 63 | | 7–805. 10 |
---|
64 | 64 | | |
---|
65 | 65 | | (a) If the victim made a written request to the Department for notification and 11 |
---|
66 | 66 | | maintains a current address on file with the Department or the victim or the victim’s 12 |
---|
67 | 67 | | representative filed a notification request form under § 11–104 of the Criminal Procedure 13 |
---|
68 | 68 | | Article, the Department shall notify the victim or the victim’s representative in writing BY 14 |
---|
69 | 69 | | CERTIFIED MAIL that an incarcerated individual sentenced to the Division of Correction 15 |
---|
70 | 70 | | is being considered for a: 16 |
---|
71 | 71 | | |
---|
72 | 72 | | (1) commutation of sentence; 17 |
---|
73 | 73 | | |
---|
74 | 74 | | (2) pardon; or 18 |
---|
75 | 75 | | |
---|
76 | 76 | | (3) remission of sentence. 19 |
---|
77 | 77 | | |
---|
78 | 78 | | (e) The Department shall MAKE AT LEAST TWO AT TEMPTS IN WRITING BY 20 |
---|
79 | 79 | | CERTIFIED MAIL TO notify promptly the victim or the victim’s designated representative 21 |
---|
80 | 80 | | of the Commission’s decision. 22 |
---|
81 | 81 | | |
---|
82 | 82 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 |
---|
83 | 83 | | October 1, 2025. 24 |
---|