MD
Maryland House Bill HB190

Maryland 2025 Regular Session

Maryland House Bill HB190 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0190*
66
77 HOUSE BILL 190
88 E5 5lr1503
99 HB 118/24 – JUD (PRE–FILED) CF SB 181
1010 By: Delegates Bartlett, Charkoudian, Crutchfield, and Ruth
1111 Requested: October 30, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Judiciary
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Correctional Services – Geriatric and Medical Parole 2
2020
2121 FOR the purpose of requiring the Maryland Parole Commission to consider the age of an 3
2222 incarcerated individual when determining whether to grant parole; altering how the 4
2323 Commission evaluates a request for medical parole, including providing for a 5
2424 meeting between the incarcerated individual and the Commission under certain 6
2525 circumstances; requiring the Commission to develop procedures for assessing parole 7
2626 requests by certain incarcerated individuals; and generally relating to geriatric and 8
2727 medical parole. 9
2828
2929 BY repealing and reenacting, with amendments, 10
3030 Article – Correctional Services 11
3131 Section 7–305 and 7–309 12
3232 Annotated Code of Maryland 13
3333 (2017 Replacement Volume and 2024 Supplement) 14
3434
3535 BY adding to 15
3636 Article – Correctional Services 16
3737 Section 7–310 17
3838 Annotated Code of Maryland 18
3939 (2017 Replacement Volume and 2024 Supplement) 19
4040
4141 SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 20
4242 That the Laws of Maryland read as follows: 21
4343
4444 Article – Correctional Services 22
4545
4646 7–305. 23
4747
4848 Each hearing examiner and commissioner determining whether an incarcerated 24 2 HOUSE BILL 190
4949
5050
5151 individual is suitable for parole, and the Commission before entering into a predetermined 1
5252 parole release agreement, shall consider: 2
5353
5454 (1) the circumstances surrounding the crime; 3
5555
5656 (2) the physical, mental, and moral qualifications of the incarcerated 4
5757 individual; 5
5858
5959 (3) the progress of the incarcerated individual during confinement, 6
6060 including the academic progress of the incarcerated individual in the mandatory education 7
6161 program required under § 22–102 of the Education Article; 8
6262
6363 (4) a report on a drug or alcohol evaluation that has been conducted on the 9
6464 incarcerated individual, including any recommendations concerning the incarcerated 10
6565 individual’s amenability for treatment and the availability of an appropriate treatment 11
6666 program; 12
6767
6868 (5) whether, TAKING INTO ACCOUNT THE TOTALITY OF THE 13
6969 CIRCUMSTANCES INCL UDING THE AGE OF THE INCARCERATED INDIVID UAL, there is 14
7070 reasonable probability that the incarcerated individual, if released on parole, will [remain 15
7171 at liberty without violating the law] NOT RECIDIVATE ; 16
7272
7373 (6) whether release of the incarcerated individual on parole is compatible 17
7474 with [the welfare of society] PUBLIC SAFETY ; 18
7575
7676 (7) an updated victim impact statement or recommendation prepared 19
7777 under § 7–801 of this title; 20
7878
7979 (8) any recommendation made by the sentencing judge at the time of 21
8080 sentencing; 22
8181
8282 (9) any information that is presented to a commissioner at a meeting with 23
8383 the victim; 24
8484
8585 (10) any testimony presented to the Commission by the victim or the victim’s 25
8686 designated representative under § 7–801 of this title; and 26
8787
8888 (11) compliance with the case plan developed under § 7–301.1 of this subtitle 27
8989 or § 3–601 of this article. 28
9090
9191 7–309. 29
9292
9393 (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
9494 INDICATED. 31
9595
9696 (2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 32 HOUSE BILL 190 3
9797
9898
9999 HAVING A DIAGNOSABLE MEDICAL CONDITION THAT IS UNLIKELY TO IMPROVE IN 1
100100 THE FUTURE AND PREVE NTS THE INDIVIDUAL F ROM COMPLETING MORE THAN ONE 2
101101 ACTIVITY OF DAILY LI VING, INCLUDING EATING , BREATHING, DRESSING, 3
102102 GROOMING, TOILETING, WALKING, OR BATHING, WITHOUT ASSISTANCE . 4
103103
104104 (II) “CHRONICALLY DEBILIT ATED OR INCAPACITATE D” 5
105105 INCLUDES CONDITIONS SUCH AS DEMENTIA OR A SEVERE, PERMANENT MEDICAL OR 6
106106 COGNITIVE DISABILITY IF THE CONDITION PRE VENTS THE INDIVIDUAL FROM 7
107107 COMPLETING MORE THAN ONE ACTIVITY OF DAIL Y LIVING. 8
108108
109109 (3) “TERMINAL ILLNESS ” MEANS A DISEASE OR CONDITION WITH AN 9
110110 END–OF–LIFE TRAJECTORY . 10
111111
112112 (B) This section applies to any incarcerated individual who is sentenced to a term 11
113113 of incarceration for which all sentences being served, including any life sentence, are with 12
114114 the possibility of parole. 13
115115
116116 [(b)] (C) An incarcerated individual [who is so chronically debilitated or 14
117117 incapacitated by a medical or mental health condition, disease, or syndrome as to be 15
118118 physically incapable of presenting a danger to society] may be released on medical parole 16
119119 at any time during the term of that incarcerated individual’s sentence, without regard to 17
120120 the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED MEDICA L 18
121121 PROFESSIONAL HAS DET ERMINED THAT THE INC ARCERATED INDIVIDUAL : 19
122122
123123 (1) (I) IS CHRONICALLY DEB ILITATED OR INCAPACI TATED; OR 20
124124
125125 (II) SUFFERS FROM A TERMI NAL ILLNESS; AND 21
126126
127127 (2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 22
128128 HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; OR 23
129129
130130 (II) HAS BEEN RENDERED PH YSICALLY INCAPABLE O F 24
131131 PRESENTING A DANGER TO SOCI ETY BY A PHYSICAL OR MENTAL HEALTH 25
132132 CONDITION, DISEASE, OR SYNDROME . 26
133133
134134 (D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 27
135135 BEFORE GRANTING MEDI CAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 28
136136
137137 (I) 1. A RECOMMENDATION BY THE MEDICAL 29
138138 PROFESSIONAL TREATIN G THE INCARCERATED I NDIVIDUAL UNDER CONT RACT 30
139139 WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 31
140140
141141 2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 32
142142 SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 33 4 HOUSE BILL 190
143143
144144
145145 NO COST TO TH E INCARCERATED INDIV IDUAL BY A MEDICAL P ROFESSIONAL WHO IS 1
146146 INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 2
147147 FACILITY; 3
148148
149149 (II) THE INCARCERATED IND IVIDUAL’S MEDICAL 4
150150 INFORMATION , INCLUDING: 5
151151
152152 1. A DESCRIPTION OF THE INCARCERATED 6
153153 INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 7
154154
155155 2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 8
156156 RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 9
157157
158158 3. A DESCRIPTION OF THE INCARCERATED 10
159159 INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 11
160160
161161 4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 12
162162
163163 (III) DISCHARGE INFORMATIO N, INCLUDING: 13
164164
165165 1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 14
166166 SERVICES WITHIN THE COMMUNITY ; 15
167167
168168 2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 16
169169
170170 3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 17
171171 HOSPICE CARE ; AND 18
172172
173173 (IV) CASE MANAGEMENT INFO RMATION, INCLUDING: 19
174174
175175 1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 20
176176
177177 2. INSTITUTIONAL HISTOR Y; 21
178178
179179 3. PENDING CHARGES , SENTENCES IN OTHER 22
180180 JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 23
181181
182182 4. CRIMINAL HISTORY INF ORMATION. 24
183183
184184 (2) IF A MEDICAL EVALUATI ON IS REQUESTED UNDE R PARAGRAPH 25
185185 (1)(I)2 OF THIS SUBSECTION : 26
186186
187187 (I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 27 HOUSE BILL 190 5
188188
189189
190190 EXAMINATION OF THE I NCARCERATED INDIVIDU AL; AND 1
191191
192192 (II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 2
193193 THE FINDINGS OF THE EVALU ATION AND ANY MEDICA L CONDITION DETAILED IN 3
194194 THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 4
195195
196196 [(c)] (E) (1) A request for a medical parole under this section may be filed 5
197197 with the Maryland Parole Commission by: 6
198198
199199 (i) the incarcerated individual seeking the medical parole; 7
200200
201201 (ii) an attorney; 8
202202
203203 (iii) a prison official or employee; 9
204204
205205 (iv) a medical professional; 10
206206
207207 (v) a family member; or 11
208208
209209 (vi) any other person. 12
210210
211211 (2) The request shall be in writing and shall articulate the grounds that 13
212212 support the appropriateness of granting the medical parole. 14
213213
214214 (F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 15
215215 INDIVIDUAL’S REPRESENTATIVE MAY REQUEST A MEETING WI TH THE COMMISSION. 16
216216
217217 (2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 17
218218 THIS SUBSECTION : 18
219219
220220 (I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 19
221221 MEETING FOR ANY INCA RCERATED INDIVIDUAL : 20
222222
223223 1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 21
224224 FACILITY; 22
225225
226226 2. CURRENTLY HOSPITALIZ ED OUTSIDE A 23
227227 CORRECTIONAL FACILITY; OR 24
228228
229229 3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 25
230230 INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 26
231231 CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 27
232232
233233 (II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 28
234234 REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DO ES NOT 29 6 HOUSE BILL 190
235235
236236
237237 MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 1
238238
239239 [(d)] (G) Following review of the request, the Commission may: 2
240240
241241 (1) find the request to be inconsistent with the best interests of public 3
242242 safety and take no further action; or 4
243243
244244 (2) request that [department] DEPARTMENT or local correctional facility 5
245245 personnel provide information for formal consideration of parole release. 6
246246
247247 [(e) The information to be considered by the Commission before granting medical 7
248248 parole shall, at a minimum, include: 8
249249
250250 (1) (i) a recommendation by the medical professional treating the 9
251251 incarcerated individual under contract with the Department or local correctional facility; 10
252252 or 11
253253
254254 (ii) if requested by an individual identified in subsection (c)(1) of this 12
255255 section, one medical evaluation conducted at no cost to the incarcerated individual by a 13
256256 medical professional who is independent from the Division of Correction or local 14
257257 correctional facility; 15
258258
259259 (2) the incarcerated individual’s medical information, including: 16
260260
261261 (i) a description of the incarcerated individual’s condition, disease, 17
262262 or syndrome; 18
263263
264264 (ii) a prognosis concerning the likelihood of recovery from the 19
265265 condition, disease, or syndrome; 20
266266
267267 (iii) a description of the incarcerated individual’s physical incapacity 21
268268 and score on the Karnofsky Performance Scale Index or similar classification of physical 22
269269 impairment; and 23
270270
271271 (iv) a mental health evaluation, where relevant; 24
272272
273273 (3) discharge information, including: 25
274274
275275 (i) availability of treatment or professional services within the 26
276276 community; 27
277277
278278 (ii) family support within the community; and 28
279279
280280 (iii) housing availability, including hospital or hospice care; and 29
281281
282282 (4) case management information, including: 30
283283 HOUSE BILL 190 7
284284
285285
286286 (i) the circumstances of the current offense; 1
287287
288288 (ii) institutional history; 2
289289
290290 (iii) pending charges, sentences in other jurisdictions, and any other 3
291291 detainers; and 4
292292
293293 (iv) criminal history information.] 5
294294
295295 [(f)] (H) The Commission may require as a condition of release on medical parole 6
296296 that: 7
297297
298298 (1) the parolee agree to placement for a definite or indefinite period of time 8
299299 [in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDER AND IN 9
300300 A housing accommodation suitable to the parolee’s medical condition, including the family 10
301301 home of the parolee, as specified by the Commission or the supervising agent; and 11
302302
303303 (2) the parolee forward authentic copies of applicable medical records to 12
304304 indicate that the particular medical condition giving rise to the release continues to exist. 13
305305
306306 [(g)] (I) (1) If the Commission has reason to believe that a parolee is no 14
307307 longer so debilitated or incapacitated as to be physically incapable of presenting a danger 15
308308 to society, the parolee shall be returned to the custody of the Division of Correction or the 16
309309 local correctional facility from which the incarcerated individual was released. 17
310310
311311 (2) (i) A parole hearing for a parolee returned to custody shall be held 18
312312 to consider whether the parolee remains incapacitated and shall be heard promptly. 19
313313
314314 (ii) A parolee returned to custody under this subsection shall be 20
315315 maintained in custody, if the incapacitation is found to no longer exist. 21
316316
317317 (3) An incarcerated individual whose medical parole is revoked for lack of 22
318318 continued incapacitation may be considered for parole in accordance with the eligibility 23
319319 requirements specified in § 7–301 of this subtitle. 24
320320
321321 [(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 25
322322 THAT IS LIKELY TO OCCUR WITHIN 6 MONTHS. 26
323323
324324 (2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 27
325325 relating to victim notification and opportunity to be heard shall apply to proceedings 28
326326 relating to medical parole. 29
327327
328328 [(2)] (3) In cases of imminent death, time limits relating to victim 30
329329 notification and opportunity to be heard may be reduced or waived in the discretion of the 31
330330 Commission. 32
331331 8 HOUSE BILL 190
332332
333333
334334 [(i) (1) If the Commission decides to grant medical parole to an incarcerated 1
335335 individual sentenced to life imprisonment, the decision shall be transmitted to the 2
336336 Governor. 3
337337
338338 (2) The Governor may disapprove the decision by written transmittal to 4
339339 the Commission. 5
340340
341341 (3) If the Governor does not disapprove the decision within 180 days after 6
342342 receipt of the written transmittal, the decision becomes effective.] 7
343343
344344 [(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 8
345345 provisions of this section. 9
346346
347347 7–310. 10
348348
349349 (A) THIS SECTION APPLIES ONLY TO AN INCARCERA TED INDIVIDUAL WHO : 11
350350
351351 (1) IS AT LEAST 60 YEARS OLD; 12
352352
353353 (2) HAS SERVED AT LEAST 15 YEARS OF THE SENTENC E IMPOSED; 13
354354
355355 (3) IS NOT REGISTERED OR ELIGIBLE FOR SEX OFF ENDER 14
356356 REGISTRATION UNDER TITLE 11, SUBTITLE 7 OF THE CRIMINAL PROCEDURE 15
357357 ARTICLE; AND 16
358358
359359 (4) IS SENTENCED TO A TE RM OF INCARCERATION FOR WHICH ALL 17
360360 SENTENCES BEING SERV ED, INCLUDING ANY LIFE S ENTENCE, ARE WITH THE 18
361361 POSSIBILITY OF PAROL E. 19
362362
363363 (B) AN INCARCERATED INDIV IDUAL CONSIDERED FOR PAROLE UNDER THIS 20
364364 SECTION SHALL HAVE A PAROLE HEARING EVERY 2 YEARS. 21
365365
366366 (C) IN ADDITION TO THE FA CTORS SPECIFIED UNDE R § 7–305 OF THIS 22
367367 SUBTITLE, EACH COMMISSION PANEL DETE RMINING WHETHER AN I NCARCERATED 23
368368 INDIVIDUAL IS SUITAB LE FOR PAROLE SHALL CONSIDER AND GIVE WE IGHT TO THE 24
369369 AGE OF THE INCARCERA TED INDIVIDUAL AND T HE IMPACT THAT THE A GE OF THE 25
370370 INCARCERATED INDIVID UAL HAS ON REDUCING THE RISK TH AT THE INCARCERATED 26
371371 INDIVIDUAL WILL NOT RECIDIVATE. 27
372372
373373 (D) ANY SAVINGS REALIZED BY THE DEPARTMENT AS A RESUL T OF THIS 28
374374 SECTION SHALL REVERT TO THE DEPARTMENT AND SHALL BE USED FOR THE 29
375375 PURPOSE OF: 30
376376
377377 (1) CONDUCTING HEARINGS FOR INCARCERATE D INDIVIDUALS AS 31 HOUSE BILL 190 9
378378
379379
380380 REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION; AND 1
381381
382382 (2) PROVIDING PRERELEASE AND REENTRY CASE MAN AGEMENT AND 2
383383 RESOURCES FOR INCARC ERATED INDIVIDUALS W HO ARE SUBJECT TO TH IS SECTION 3
384384 AND RELEASED ON PARO LE. 4
385385
386386 (E) EVERY YEAR, THE COMMISSION SHALL REPORT TO THE JUSTICE 5
387387 REINVESTMENT OVERSIGHT BOARD ON THE OUTCOMES OF PAROLE 6
388388 CONSIDERATIONS MADE UNDER THIS SECTION , INCLUDING: 7
389389
390390 (1) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE SUBJECT 8
391391 TO THIS SECTION WHO ARE DENIED PAROLE AN D RELEASED ON PAROLE ; 9
392392
393393 (2) THE REASON FOR EACH DECISION TO RELEASE AN INCARCERATED 10
394394 INDIVIDUAL ON PAROLE ; 11
395395
396396 (3) THE REASON FOR EACH DECISION TO DENY PAR OLE TO AN 12
397397 INCARCERATED INDIVID UAL; 13
398398
399399 (4) OF THE NUMBER OF INC ARCERATED INDIVIDUAL S WHO ARE 14
400400 RELEASED ON PAROLE , THE NUMBER OF INDIVIDUALS WHO A RE CONVICTED OF AN 15
401401 OFFENSE COMMITTED AF TER RELEASE; 16
402402
403403 (5) THE AVERAGE TIME BET WEEN WHEN AN INCARCE RATED 17
404404 INDIVIDUAL BECOMES E LIGIBLE FOR PAROLE C ONSIDERATION UNDER T HIS 18
405405 SECTION AND WHEN THE INCARCERATED INDIVID UAL RECEIVES THE FIR ST PAROLE 19
406406 HEARING REQUIRED BY THIS SECTION; AND 20
407407
408408 (6) THE AVERAGE TIME BET WEEN PAROLE HEARINGS FOR 21
409409 INCARCERATED INDIVID UALS WHO ARE SUBJECT TO THIS SECTION. 22
410410
411411 (F) (1) THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT 23
412412 THE PROVISIONS OF TH IS SECTION. 24
413413
414414 (2) THE REGULATIONS REQUI RED BY THIS SUBSECTI ON SHALL 25
415415 INCLUDE A REQUIREMEN T THAT THE DEPARTMENT PROVIDE AN Y INCARCERATED 26
416416 INDIVIDUAL SUBJECT T O THIS SECTION WITH INFORMATION ON THE R EGULATIONS 27
417417 AT LEAST ONCE EVERY YEAR. 28
418418
419419 SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 29
420420 October 1, 2025. 30
421421