EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0190*
HOUSE BILL 190
E5 5lr1503
HB 118/24 – JUD (PRE–FILED) CF SB 181
By: Delegates Bartlett, Charkoudian, Crutchfield, and Ruth
Requested: October 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Geriatric and Medical Parole 2
FOR the purpose of requiring the Maryland Parole Commission to consider the age of an 3
incarcerated individual when determining whether to grant parole; altering how the 4
Commission evaluates a request for medical parole, including providing for a 5
meeting between the incarcerated individual and the Commission under certain 6
circumstances; requiring the Commission to develop procedures for assessing parole 7
requests by certain incarcerated individuals; and generally relating to geriatric and 8
medical parole. 9
BY repealing and reenacting, with amendments, 10
Article – Correctional Services 11
Section 7–305 and 7–309 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Correctional Services 16
Section 7–310 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Correctional Services 22
7–305. 23
Each hearing examiner and commissioner determining whether an incarcerated 24 2 HOUSE BILL 190
individual is suitable for parole, and the Commission before entering into a predetermined 1
parole release agreement, shall consider: 2
(1) the circumstances surrounding the crime; 3
(2) the physical, mental, and moral qualifications of the incarcerated 4
individual; 5
(3) the progress of the incarcerated individual during confinement, 6
including the academic progress of the incarcerated individual in the mandatory education 7
program required under § 22–102 of the Education Article; 8
(4) a report on a drug or alcohol evaluation that has been conducted on the 9
incarcerated individual, including any recommendations concerning the incarcerated 10
individual’s amenability for treatment and the availability of an appropriate treatment 11
program; 12
(5) whether, TAKING INTO ACCOUNT THE TOTALITY OF THE 13
CIRCUMSTANCES INCL UDING THE AGE OF THE INCARCERATED INDIVID UAL, there is 14
reasonable probability that the incarcerated individual, if released on parole, will [remain 15
at liberty without violating the law] NOT RECIDIVATE ; 16
(6) whether release of the incarcerated individual on parole is compatible 17
with [the welfare of society] PUBLIC SAFETY ; 18
(7) an updated victim impact statement or recommendation prepared 19
under § 7–801 of this title; 20
(8) any recommendation made by the sentencing judge at the time of 21
sentencing; 22
(9) any information that is presented to a commissioner at a meeting with 23
the victim; 24
(10) any testimony presented to the Commission by the victim or the victim’s 25
designated representative under § 7–801 of this title; and 26
(11) compliance with the case plan developed under § 7–301.1 of this subtitle 27
or § 3–601 of this article. 28
7–309. 29
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
INDICATED. 31
(2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 32 HOUSE BILL 190 3
HAVING A DIAGNOSABLE MEDICAL CONDITION THAT IS UNLIKELY TO IMPROVE IN 1
THE FUTURE AND PREVE NTS THE INDIVIDUAL F ROM COMPLETING MORE THAN ONE 2
ACTIVITY OF DAILY LI VING, INCLUDING EATING , BREATHING, DRESSING, 3
GROOMING, TOILETING, WALKING, OR BATHING, WITHOUT ASSISTANCE . 4
(II) “CHRONICALLY DEBILIT ATED OR INCAPACITATE D” 5
INCLUDES CONDITIONS SUCH AS DEMENTIA OR A SEVERE, PERMANENT MEDICAL OR 6
COGNITIVE DISABILITY IF THE CONDITION PRE VENTS THE INDIVIDUAL FROM 7
COMPLETING MORE THAN ONE ACTIVITY OF DAIL Y LIVING. 8
(3) “TERMINAL ILLNESS ” MEANS A DISEASE OR CONDITION WITH AN 9
END–OF–LIFE TRAJECTORY . 10
(B) This section applies to any incarcerated individual who is sentenced to a term 11
of incarceration for which all sentences being served, including any life sentence, are with 12
the possibility of parole. 13
[(b)] (C) An incarcerated individual [who is so chronically debilitated or 14
incapacitated by a medical or mental health condition, disease, or syndrome as to be 15
physically incapable of presenting a danger to society] may be released on medical parole 16
at any time during the term of that incarcerated individual’s sentence, without regard to 17
the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED MEDICA L 18
PROFESSIONAL HAS DET ERMINED THAT THE INC ARCERATED INDIVIDUAL : 19
(1) (I) IS CHRONICALLY DEB ILITATED OR INCAPACI TATED; OR 20
(II) SUFFERS FROM A TERMI NAL ILLNESS; AND 21
(2) (I) REQUIRES EXTENDED ME DICAL MANAGEMENT WIT H 22
HEALTH CARE NEEDS TH AT WOULD BE BETTER M ET BY COMMUNITY SERV ICES; OR 23
(II) HAS BEEN RENDERED PH YSICALLY INCAPABLE O F 24
PRESENTING A DANGER TO SOCI ETY BY A PHYSICAL OR MENTAL HEALTH 25
CONDITION, DISEASE, OR SYNDROME . 26
(D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 27
BEFORE GRANTING MEDI CAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 28
(I) 1. A RECOMMENDATION BY THE MEDICAL 29
PROFESSIONAL TREATIN G THE INCARCERATED I NDIVIDUAL UNDER CONT RACT 30
WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 31
2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 32
SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 33 4 HOUSE BILL 190
NO COST TO TH E INCARCERATED INDIV IDUAL BY A MEDICAL P ROFESSIONAL WHO IS 1
INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 2
FACILITY; 3
(II) THE INCARCERATED IND IVIDUAL’S MEDICAL 4
INFORMATION , INCLUDING: 5
1. A DESCRIPTION OF THE INCARCERATED 6
INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 7
2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 8
RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 9
3. A DESCRIPTION OF THE INCARCERATED 10
INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 11
4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 12
(III) DISCHARGE INFORMATIO N, INCLUDING: 13
1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 14
SERVICES WITHIN THE COMMUNITY ; 15
2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 16
3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 17
HOSPICE CARE ; AND 18
(IV) CASE MANAGEMENT INFO RMATION, INCLUDING: 19
1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 20
2. INSTITUTIONAL HISTOR Y; 21
3. PENDING CHARGES , SENTENCES IN OTHER 22
JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 23
4. CRIMINAL HISTORY INF ORMATION. 24
(2) IF A MEDICAL EVALUATI ON IS REQUESTED UNDE R PARAGRAPH 25
(1)(I)2 OF THIS SUBSECTION : 26
(I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 27 HOUSE BILL 190 5
EXAMINATION OF THE I NCARCERATED INDIVIDU AL; AND 1
(II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 2
THE FINDINGS OF THE EVALU ATION AND ANY MEDICA L CONDITION DETAILED IN 3
THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 4
[(c)] (E) (1) A request for a medical parole under this section may be filed 5
with the Maryland Parole Commission by: 6
(i) the incarcerated individual seeking the medical parole; 7
(ii) an attorney; 8
(iii) a prison official or employee; 9
(iv) a medical professional; 10
(v) a family member; or 11
(vi) any other person. 12
(2) The request shall be in writing and shall articulate the grounds that 13
support the appropriateness of granting the medical parole. 14
(F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 15
INDIVIDUAL’S REPRESENTATIVE MAY REQUEST A MEETING WI TH THE COMMISSION. 16
(2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 17
THIS SUBSECTION : 18
(I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 19
MEETING FOR ANY INCA RCERATED INDIVIDUAL : 20
1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 21
FACILITY; 22
2. CURRENTLY HOSPITALIZ ED OUTSIDE A 23
CORRECTIONAL FACILITY; OR 24
3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 25
INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 26
CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 27
(II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 28
REQUEST FOR A MEETIN G FOR ANY INCARCERAT ED INDIVIDUAL WHO DO ES NOT 29 6 HOUSE BILL 190
MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 1
[(d)] (G) Following review of the request, the Commission may: 2
(1) find the request to be inconsistent with the best interests of public 3
safety and take no further action; or 4
(2) request that [department] DEPARTMENT or local correctional facility 5
personnel provide information for formal consideration of parole release. 6
[(e) The information to be considered by the Commission before granting medical 7
parole shall, at a minimum, include: 8
(1) (i) a recommendation by the medical professional treating the 9
incarcerated individual under contract with the Department or local correctional facility; 10
or 11
(ii) if requested by an individual identified in subsection (c)(1) of this 12
section, one medical evaluation conducted at no cost to the incarcerated individual by a 13
medical professional who is independent from the Division of Correction or local 14
correctional facility; 15
(2) the incarcerated individual’s medical information, including: 16
(i) a description of the incarcerated individual’s condition, disease, 17
or syndrome; 18
(ii) a prognosis concerning the likelihood of recovery from the 19
condition, disease, or syndrome; 20
(iii) a description of the incarcerated individual’s physical incapacity 21
and score on the Karnofsky Performance Scale Index or similar classification of physical 22
impairment; and 23
(iv) a mental health evaluation, where relevant; 24
(3) discharge information, including: 25
(i) availability of treatment or professional services within the 26
community; 27
(ii) family support within the community; and 28
(iii) housing availability, including hospital or hospice care; and 29
(4) case management information, including: 30
HOUSE BILL 190 7
(i) the circumstances of the current offense; 1
(ii) institutional history; 2
(iii) pending charges, sentences in other jurisdictions, and any other 3
detainers; and 4
(iv) criminal history information.] 5
[(f)] (H) The Commission may require as a condition of release on medical parole 6
that: 7
(1) the parolee agree to placement for a definite or indefinite period of time 8
[in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDER AND IN 9
A housing accommodation suitable to the parolee’s medical condition, including the family 10
home of the parolee, as specified by the Commission or the supervising agent; and 11
(2) the parolee forward authentic copies of applicable medical records to 12
indicate that the particular medical condition giving rise to the release continues to exist. 13
[(g)] (I) (1) If the Commission has reason to believe that a parolee is no 14
longer so debilitated or incapacitated as to be physically incapable of presenting a danger 15
to society, the parolee shall be returned to the custody of the Division of Correction or the 16
local correctional facility from which the incarcerated individual was released. 17
(2) (i) A parole hearing for a parolee returned to custody shall be held 18
to consider whether the parolee remains incapacitated and shall be heard promptly. 19
(ii) A parolee returned to custody under this subsection shall be 20
maintained in custody, if the incapacitation is found to no longer exist. 21
(3) An incarcerated individual whose medical parole is revoked for lack of 22
continued incapacitation may be considered for parole in accordance with the eligibility 23
requirements specified in § 7–301 of this subtitle. 24
[(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 25
THAT IS LIKELY TO OCCUR WITHIN 6 MONTHS. 26
(2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 27
relating to victim notification and opportunity to be heard shall apply to proceedings 28
relating to medical parole. 29
[(2)] (3) In cases of imminent death, time limits relating to victim 30
notification and opportunity to be heard may be reduced or waived in the discretion of the 31
Commission. 32
8 HOUSE BILL 190
[(i) (1) If the Commission decides to grant medical parole to an incarcerated 1
individual sentenced to life imprisonment, the decision shall be transmitted to the 2
Governor. 3
(2) The Governor may disapprove the decision by written transmittal to 4
the Commission. 5
(3) If the Governor does not disapprove the decision within 180 days after 6
receipt of the written transmittal, the decision becomes effective.] 7
[(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 8
provisions of this section. 9
7–310. 10
(A) THIS SECTION APPLIES ONLY TO AN INCARCERA TED INDIVIDUAL WHO : 11
(1) IS AT LEAST 60 YEARS OLD; 12
(2) HAS SERVED AT LEAST 15 YEARS OF THE SENTENC E IMPOSED; 13
(3) IS NOT REGISTERED OR ELIGIBLE FOR SEX OFF ENDER 14
REGISTRATION UNDER TITLE 11, SUBTITLE 7 OF THE CRIMINAL PROCEDURE 15
ARTICLE; AND 16
(4) IS SENTENCED TO A TE RM OF INCARCERATION FOR WHICH ALL 17
SENTENCES BEING SERV ED, INCLUDING ANY LIFE S ENTENCE, ARE WITH THE 18
POSSIBILITY OF PAROL E. 19
(B) AN INCARCERATED INDIV IDUAL CONSIDERED FOR PAROLE UNDER THIS 20
SECTION SHALL HAVE A PAROLE HEARING EVERY 2 YEARS. 21
(C) IN ADDITION TO THE FA CTORS SPECIFIED UNDE R § 7–305 OF THIS 22
SUBTITLE, EACH COMMISSION PANEL DETE RMINING WHETHER AN I NCARCERATED 23
INDIVIDUAL IS SUITAB LE FOR PAROLE SHALL CONSIDER AND GIVE WE IGHT TO THE 24
AGE OF THE INCARCERA TED INDIVIDUAL AND T HE IMPACT THAT THE A GE OF THE 25
INCARCERATED INDIVID UAL HAS ON REDUCING THE RISK TH AT THE INCARCERATED 26
INDIVIDUAL WILL NOT RECIDIVATE. 27
(D) ANY SAVINGS REALIZED BY THE DEPARTMENT AS A RESUL T OF THIS 28
SECTION SHALL REVERT TO THE DEPARTMENT AND SHALL BE USED FOR THE 29
PURPOSE OF: 30
(1) CONDUCTING HEARINGS FOR INCARCERATE D INDIVIDUALS AS 31 HOUSE BILL 190 9
REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION; AND 1
(2) PROVIDING PRERELEASE AND REENTRY CASE MAN AGEMENT AND 2
RESOURCES FOR INCARC ERATED INDIVIDUALS W HO ARE SUBJECT TO TH IS SECTION 3
AND RELEASED ON PARO LE. 4
(E) EVERY YEAR, THE COMMISSION SHALL REPORT TO THE JUSTICE 5
REINVESTMENT OVERSIGHT BOARD ON THE OUTCOMES OF PAROLE 6
CONSIDERATIONS MADE UNDER THIS SECTION , INCLUDING: 7
(1) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE SUBJECT 8
TO THIS SECTION WHO ARE DENIED PAROLE AN D RELEASED ON PAROLE ; 9
(2) THE REASON FOR EACH DECISION TO RELEASE AN INCARCERATED 10
INDIVIDUAL ON PAROLE ; 11
(3) THE REASON FOR EACH DECISION TO DENY PAR OLE TO AN 12
INCARCERATED INDIVID UAL; 13
(4) OF THE NUMBER OF INC ARCERATED INDIVIDUAL S WHO ARE 14
RELEASED ON PAROLE , THE NUMBER OF INDIVIDUALS WHO A RE CONVICTED OF AN 15
OFFENSE COMMITTED AF TER RELEASE; 16
(5) THE AVERAGE TIME BET WEEN WHEN AN INCARCE RATED 17
INDIVIDUAL BECOMES E LIGIBLE FOR PAROLE C ONSIDERATION UNDER T HIS 18
SECTION AND WHEN THE INCARCERATED INDIVID UAL RECEIVES THE FIR ST PAROLE 19
HEARING REQUIRED BY THIS SECTION; AND 20
(6) THE AVERAGE TIME BET WEEN PAROLE HEARINGS FOR 21
INCARCERATED INDIVID UALS WHO ARE SUBJECT TO THIS SECTION. 22
(F) (1) THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT 23
THE PROVISIONS OF TH IS SECTION. 24
(2) THE REGULATIONS REQUI RED BY THIS SUBSECTI ON SHALL 25
INCLUDE A REQUIREMEN T THAT THE DEPARTMENT PROVIDE AN Y INCARCERATED 26
INDIVIDUAL SUBJECT T O THIS SECTION WITH INFORMATION ON THE R EGULATIONS 27
AT LEAST ONCE EVERY YEAR. 28
SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 29
October 1, 2025. 30