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.
Italics indicate opposite chamber/conference committee amendments.
*sb0181*
SENATE BILL 181
E5 (5lr1502)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Hettleman Senators Hettleman, Charles, Henson, Love,
Muse, Smith, Sydnor, and West
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his appr oval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
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; repealing the authorization for the 8
Governor to disapprove a decision by the Commission to grant medical parole to an 9
incarcerated individual; requiring the Department of Public Safety and Correctional 10
Services to submit to the Commission the names of certain individuals at a certain 11
time; requiring the Commission to conduct a risk assessment for a certain individual 12
at a certain time; requiring the Commission to conduct a certain parole release 13
hearing and determine whether a certain incarcerated individual is suitable for 14 2 SENATE BILL 181
parole at a certain time; repealing a certain provision related to geriatric parole; 1
authorizing the Justice Reinvestment Oversight Board to recommend that a portion 2
of certain savings be distributed to the Commission for a certain purpose; and 3
generally relating to geriatric and medical parole. 4
BY repealing and reenacting, with amendments, 5
Article – Correctional Services 6
Section 7–305 and 7–309 7
Annotated Code of Maryland 8
(2017 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – Correctional Services 11
Section 7–310 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2024 Supplement) 14
BY repealing 15
Article – Criminal Law 16
Section 14–101(f) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – State Government 21
Section 9–3201 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Government 26
Section 9–3207(b) 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2024 Supplement) 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That the Laws of Maryland read as follows: 31
Article – Correctional Services 32
7–305. 33
Each hearing examiner and commissioner determining whether an incarcerated 34
individual is suitable for parole, and the Commission before entering into a predetermined 35
parole release agreement, shall consider: 36
(1) the circumstances surrounding the crime; 37 SENATE BILL 181 3
(2) the physical, mental, and moral qualifications of the incarcerated 1
individual; 2
(3) the progress of the incarcerated individual during confinement, 3
including the academic progress of the incarcerated individual in the mandatory education 4
program required under § 22–102 of the Education Article; 5
(4) a report on a drug or alcohol evaluation that has been conducted on the 6
incarcerated individual, including any recommendations concerning the incarcerated 7
individual’s amenability for treatment and the availability of an appropriate treatment 8
program; 9
(5) whether, TAKING INTO ACCOUNT THE TOTALITY OF THE 10
CIRCUMSTANCES INCLUD ING THE AGE OF THE I NCARCERATED INDIVIDU AL, there is 11
reasonable probability that the incarcerated individual, if released on parole, will [remain 12
at liberty without violating the law] NOT RECIDIVATE ; 13
(6) whether release of the incarcerated individual on parole is compatible 14
with [the welfare of society] PUBLIC SAFETY ; 15
(7) an updated victim impact statement or recommendation prepared 16
under § 7–801 of this title; 17
(8) any recommendation made by the sentencing judge at the time of 18
sentencing; 19
(9) any information that is presented to a commissioner at a meeting with 20
the victim; 21
(10) any testimony presented to the Commission by the victim or the victim’s 22
designated representative under § 7–801 of this title; and 23
(11) compliance with the case plan developed under § 7–301.1 of this subtitle 24
or § 3–601 of this article. 25
7–309. 26
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) (I) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” MEANS 29
HAVING A DIAGNOSABLE MEDICAL CONDITION TH AT IS UNLIKELY TO IM PROVE IN 30
THE FUTURE AND PREVENTS THE INDIVID UAL FROM COMPLETING MORE THAN ONE 31
ACTIVITY OF DAILY LI VING, INCLUDING EATING , BREATHING, DRESSING, 32
GROOMING, TOILETING, WALKING, OR BATHING , WITHOUT ASSISTANCE 33 4 SENATE BILL 181
SUBSTANTIALLY DIMINI SHES THE ABILITY OF THE INDIVIDUAL TO PR OVIDE 1
SELF–CARE. 2
(II) “CHRONICALLY DEBILITAT ED OR INCAPACITATED ” 3
INCLUDES CONDITIONS SUCH AS DEMENTIA OR A SEVERE, PERMANENT MEDICAL OR 4
COGNITIVE DISABILITY IF THE CONDITION PREVENTS THE INDIVID UAL FROM 5
COMPLETING MORE THAN ONE ACTIVITY OF DAIL Y LIVING SUBSTANTIALLY 6
DIMINISHES THE ABILITY OF THE I NDIVIDUAL TO PROVIDE SELF–CARE. 7
(3) “TERMINAL ILLNESS ” MEANS A DISEASE OR C ONDITION WITH AN 8
END–OF–LIFE TRAJECTORY . 9
(B) This section applies to any incarcerated individual who is sentenced to a term 10
of incarceration for which all sentences being served, including any life sentence, are with 11
the possibility of parole. 12
[(b)] (C) An incarcerated individual [who is so chronically debilitated or 13
incapacitated by a medical or mental health condition, disease, or syndrome as to be 14
physically incapable of presenting a danger to society] may be released on medical parole 15
at any time during the term of that incarcerated individual’s sentence, without regard to 16
the eligibility standards specified in § 7–301 of this subtitle IF A LICENSED MEDICAL 17
PROFESSIONAL PHYSICIAN HAS DETERMINED THAT THE INCARCERATED 18
INDIVIDUAL: 19
(1) (I) IS CHRONICALLY DEBIL ITATED OR INCAPACITA TED; 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
AND 24
(II) 1. HAS BEEN RENDERED PH YSICALLY INCAPABLE O F 25
PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 26
CONDITION, DISEASE, OR SYNDROME; OR 27
2. IS NO LONGER A DANGE R TO PUBLIC SAFETY . 28
(D) (1) THE INFORMATION TO BE CONSIDERED BY THE COMMISSION 29
BEFORE GRANTING MEDI CAL PAROLE SHALL , AT A MINIMUM, INCLUDE: 30
(I) 1. A RECOMMENDATION BY THE MEDICAL 31
PROFESSIONAL TREATIN G THE INCARCERATED INDIVID UAL UNDER CONTRACT 32
WITH THE DEPARTMENT OR LOCAL C ORRECTIONAL FACILITY ; OR 33 SENATE BILL 181 5
2. IF REQUESTED BY AN I NDIVIDUAL IDENTIFIED IN 1
SUBSECTION (E)(1) OF THIS SECTION , ONE MEDICAL EVALUATI ON CONDUCTED AT 2
NO COST TO THE INCAR CERATED INDIVIDUAL BY A MEDICAL PROFESS IONAL WHO IS 3
INDEPENDENT FROM THE DIVISION OF CORRECTION OR LOCAL C ORRECTIONAL 4
FACILITY; 5
(II) THE INCARCERATED IND IVIDUAL’S MEDICAL 6
INFORMATION , INCLUDING: 7
1. A DESCRIPTION OF THE INCARCERATED 8
INDIVIDUAL’S CONDITION, DISEASE, OR SYNDROME ; 9
2. A PROGNOSIS CONCERNI NG THE LIKELIHOOD OF 10
RECOVERY FROM THE CO NDITION, DISEASE, OR SYNDROME ; 11
3. A DESCRIPTION OF THE INCARCERATED 12
INDIVIDUAL’S PHYSICAL INCAPACIT Y; AND 13
4. A MENTAL HEALTH EVAL UATION, WHERE RELEVANT ; 14
(III) DISCHARGE INFORMATION , INCLUDING: 15
1. AVAILABILITY OF TREA TMENT OR PROFESSIONA L 16
SERVICES WITHIN THE COMMUNITY ; 17
2. FAMILY SUPPORT WITHI N THE COMMUNITY ; AND 18
3. HOUSING AVAILABILITY , INCLUDING HOSPITAL O R 19
HOSPICE CARE ; AND 20
(IV) CASE MANAGEMENT INFORMATI ON, INCLUDING: 21
1. THE CIRCUMSTANCES OF THE CURRENT OFFENSE ; 22
2. INSTITUTIONAL HISTOR Y; 23
3. PENDING CHARGES , SENTENCES IN OTHER 24
JURISDICTIONS, AND ANY OTHER DETAIN ERS; AND 25
4. CRIMINAL HISTORY INF ORMATION. 26
(2) IF A MEDICAL EVALUATION IS REQUESTED UNDER PARA GRAPH 27
(1)(I)2 OF THIS SUBSECTION : 28 6 SENATE BILL 181
(I) THE EVALUATION SHALL CONSIST OF AN IN –PERSON 1
EXAMINATION OF THE I NCARCERATED INDIVIDU AL; AND 2
(II) THE COMMISSION SHALL GIVE EQUAL CONSIDERATION TO 3
THE FINDINGS OF THE EVALUATION AND ANY M EDICAL CONDITION DET AILED IN 4
THE EVALUATION IN CO NSIDERING WHETHER TO GRANT MEDICAL PAROLE . 5
[(c)] (E) (1) A request for a medical parole under this section may be filed 6
with the Maryland Parole Commission by: 7
(i) the incarcerated individual seeking the medical parole; 8
(ii) an attorney; 9
(iii) a prison official or employee; 10
(iv) a medical professional; 11
(v) a family member; or 12
(vi) any other person. 13
(2) The request shall be in writing and shall articulate the grounds that 14
support the appropriateness of granting the medical parole. 15
(F) (1) THE INCARCERATED INDI VIDUAL OR THE INCARC ERATED 16
INDIVIDUAL’S REPRESENTATIVE MAY REQUEST A MEETING WI TH THE COMMISSION. 17
(2) IF A REQUEST FOR A ME ETING IS MADE UNDER PARAGRAPH (1) OF 18
THIS SUBSECTION : 19
(I) THE COMMISSION SHALL GRAN T THE REQUEST FOR A 20
MEETING FOR ANY INCA RCERATED INDIVIDUAL : 21
1. HOUSED IN AN INFIRMA RY OF A CORRECTIONAL 22
FACILITY; 23
2. CURRENTLY HOSPITALIZ ED OUTSIDE A 24
CORRECTIONAL FACILIT Y; OR 25
3. WHO HAS BEEN FREQUEN TLY HOUSED IN AN 26
INFIRMARY OF A CORRE CTIONAL FACILITY OR HOSPITALIZED OUTSIDE A 27
CORRECTIONAL FACILIT Y IN THE PRECEDING 6 MONTHS; AND 28
SENATE BILL 181 7
(II) THE COMMISSION MAY , AT ITS DISCRETION , GRANT THE 1
REQUEST FOR A MEETIN G FOR ANY INCARCER ATED INDIVIDUAL WHO DOES NOT 2
MEET THE REQUIREMENT S OF ITEM (I) OF THIS PARAGRAPH . 3
[(d)] (G) Following review of the request, the Commission may: 4
(1) find the request to be inconsistent with the best interests of public 5
safety and take no further action; or 6
(2) request that [department] DEPARTMENT or local correctional facility 7
personnel provide information for formal consideration of parole release. 8
[(e) The information to be considered by the Commission before granting medical 9
parole shall, at a minimum, include: 10
(1) (i) a recommendation by the medical professional treating the 11
incarcerated individual under contract with the Department or local correctional facility; 12
or 13
(ii) if requested by an individual identified in subsection (c)(1) of this 14
section, one medical evaluation conducted at no cost to the incarcerated individual by a 15
medical professional who is independent from the Division of Correction or local 16
correctional facility; 17
(2) the incarcerated individual’s medical information, including: 18
(i) a description of the incarcerated individual’s condition, disease, 19
or syndrome; 20
(ii) a prognosis concerning the likelihood of recovery from the 21
condition, disease, or syndrome; 22
(iii) a description of the incarcerated individual’s physical incapacity 23
and score on the Karnofsky Performance Scale Index or similar classification of physical 24
impairment; and 25
(iv) a mental health evaluation, where relevant; 26
(3) discharge information, including: 27
(i) availability of treatment or professional services within the 28
community; 29
(ii) family support within the community; and 30
(iii) housing availability, including hospital or hospice care; and 31 8 SENATE BILL 181
(4) case management information, including: 1
(i) the circumstances of the current offense; 2
(ii) institutional history; 3
(iii) pending charges, sentences in other jurisdictions, and any other 4
detainers; and 5
(iv) criminal history information.] 6
[(f)] (H) The Commission may require as a condition of release on medical parole 7
that: 8
(1) the parolee agree to placement for a definite or indefinite period of time 9
[in a hospital or hospice or other] UNDER THE CARE OF A MEDICAL PROVIDER AND IN 10
A housing accommodation suitable to the parolee’s medical condition, including the family 11
home of the parolee, as specified by the Commission or the supervising agent; and 12
(2) the parolee forward authentic copies of applicable medical records to 13
indicate that the particular medical condition giving rise to the release continues to exist. 14
[(g)] (I) (1) If the Commission has reason to believe that a parolee is no 15
longer so debilitated or incapacitated as to be physically incapable of presenting a danger 16
to society, the parolee shall be returned to the custody of the Division of Correction or the 17
local correctional facility from which the incarcerated individual was released. 18
(2) (i) A parole hearing for a parolee returned to custody shall be held 19
to consider whether the parolee remains incapacitated and shall be heard promptly. 20
(ii) A parolee returned to custody under this subsection shall be 21
maintained in custody, if the incapacitation is found to no longer exist. 22
(3) An incarcerated individual whose medical parole is revoked for lack of 23
continued incapacitation may be considered for parole in accordance with the eligibility 24
requirements specified in § 7–301 of this subtitle A PAROLEE SHALL BE RET URNED TO 25
THE CUSTODY OF THE DIVISION OF CORRECTION OR THE LOC AL CORRECTIONAL 26
FACILITY FROM WHICH THE PAROLEE WAS RELE ASED IF A LICENSED MEDICAL 27
PROFESSIONAL PHYSICIAN HAS DETERMINED THAT THE PAROLEE : 28
(1) (I) IS NO LONGER CHRONIC ALLY DISABLED OR 29
INCAPACITATED ; OR 30
(II) NO LONGER SUFFERS FR OM A TERMINAL ILLNES S; AND 31
SENATE BILL 181 9
(2) (I) NO LONGER REQUIRES E XTENDED MEDICAL MANA GEMENT 1
WITH HEALTH CARE NEEDS THAT WOULD BE BETTER MET BY COMMUN ITY SERVICES; 2
AND 3
(II) 1. IS NO LONGER PHYSICA LLY INCAPABLE OF 4
PRESENTING A DANGER TO SOCIETY BY A PHYS ICAL OR MENTAL HEALT H 5
CONDITION, DISEASE, OR SYNDROME ; OR 6
2. IS A DANGER TO PUBLI C SAFETY. 7
[(h)] (J) (1) IN THIS SUBSECTION , “IMMINENT DEATH ” MEANS DEATH 8
THAT IS LIKELY TO OC CUR WITHIN 6 MONTHS. 9
(2) Subject to paragraph [(2)] (3) of this subsection, provisions of law 10
relating to victim notification and opportunity to be heard shall apply to proceedings 11
relating to medical parole. 12
[(2)] (3) In cases of imminent death, time limits relating to victim 13
notification and opportunity to be heard may be reduced or waived in the discretion of the 14
Commission. 15
[(i) (1) If the Commission decides to grant medical parole to an incarcerated 16
individual sentenced to life imprisonment, the decision shall be transmitted to the 17
Governor. 18
(2) The Governor may disapprove the decision by written transmittal to 19
the Commission. 20
(3) If the Governor does not disapprove the decision within 180 days after 21
receipt of the written transmittal, the decision becomes effective.] 22
[(j)] (K) The Commission shall [issue] ADOPT regulations to implement the 23
provisions of this section. 24
7–310. 25
(A) THIS SECTION APPLIES ONLY TO AN INCARCERATED INDIVID UAL WHO: 26
(1) IS AT LEAST 60 65 YEARS OLD; 27
(2) HAS SERVED AT LEAST 15 20 YEARS OF THE SENTENCE IMPOSED 28
INCARCERATION ; 29
10 SENATE BILL 181
(3) IS NOT REGISTERED OR ELIGIB LE FOR A SEX OFFENDER 1
REGISTRATION UNDER TITLE 11, SUBTITLE 7, AS DEFINED IN § 11–701 OF THE 2
CRIMINAL PROCEDURE ARTICLE; AND 3
(4) IS SENTENCED TO SERVING A TERM OF INCARCERATION 4
CONFINEMENT FOR WHICH ALL SENTEN CES BEING SERVED , INCLUDING ANY LIFE 5
SENTENCE, ARE WITH THE POSSIBI LITY OF PAROLE.; AND 6
(5) HAS HAD NO CATEGORY 1A DISCIPLINARY INFRACT IONS WITHIN 7
THE PREVIOUS 3–YEAR PERIOD. 8
(B) ON AN ONGOING BASIS , THE DEPARTMENT SHALL SUBM IT TO THE 9
COMMISSION THE NAME O F EACH INCARCERATED INDIVIDUAL WHO MEETS THE 10
QUALIFICATIONS UNDER SUBSECTION (A) OF THIS SECTION. 11
(C) (1) WITHIN 60 DAYS AFTER RECEIPT O F A NAME UNDER SUBSE CTION 12
(B) OF THIS SECTION, THE COMMISSION SHALL ORDE R A RISK ASSESSMENT FOR THE 13
INCARCERATED INDIVID UAL IF THE INDIVIDUA L IS SERVING SENTENC ES FOR 14
MULTIPLE CRIMES OF V IOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW 15
ARTICLE, WITH AN AGGREGATE TE RM OF CONFINEMENT OF 40 YEARS OR MORE . 16
(2) THE COMMISSION MAY ORDER A RISK ASSESSMENT FO R ANY 17
OTHER INCARCERATED I NDIVIDUAL ELIGIBLE F OR PAROLE UNDER THIS SECTION. 18
(D) (1) THE COMMISSION SHALL COND UCT A PAROLE REL EASE HEARING 19
UNDER § 7–306 OR § 7–307 OF THIS SUBTITLE FOR EACH INDIVIDUAL WHOS E NAME 20
IS SUBMITTED UNDER S UBSECTION (B) OF THIS SECTION AND DETERMINE WHETHER 21
THE INCARCERATED IND IVIDUAL IS SUITABLE FOR PAROLE. 22
(2) THE HEARING UNDER THI S SUBSECTION SHALL BE CONDUCTED : 23
(I) AS SOON AS POSSIBLE , IF NO RISK ASSESSMEN T IS 24
ORDERED; OR 25
(II) ON COMPLETION OF ANY RISK ASSESSMENT ORDE RED. 26
(B) (E) AN INCARCERATED INDIV IDUAL CONSIDERED FOR PAROLE 27
UNDER THIS SECTION SHALL HAVE A PAROLE HEARING EVERY 2 YEARS 28
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 29
AN INCARCERATED INDI VIDUAL WHO HAS BEEN DENIED PAROLE UNDER THIS 30
SECTION MAY NOT HAVE A SUBSEQUENT PAROLE HEARING FOR 5 YEARS. 31
SENATE BILL 181 11
(2) AN INCARCERATED INDIV IDUAL WHO HAS BEEN D ENIED PAROLE 1
UNDER THIS SECTION MAY HAVE A SUBSEQUENT PA ROLE HEARING AT ANY TIME IF 2
THE COMMISSION DETERMINES THAT EXTRAORDINARY A ND COMPELLING 3
CIRCUMSTANCES JUSTIF Y THE SUBSEQUENT PAR OLE HEARING. 4
(C) (F) IN ADDITION TO THE FA CTORS SPECIFIED UNDE R § 7–305 OF THIS 5
SUBTITLE, EACH COMMISSION PANEL DETE RMINING WHETHER AN I NCARCERATED 6
INDIVIDUAL IS SUITAB LE FOR PAROLE SHALL CONSIDER AND GIVE WE IGHT TO THE 7
AGE OF THE INCARCERA TED INDIVIDUAL AND T HE IMPACT THAT TH E AGE OF THE 8
INCARCERATED INDIVID UAL HAS ON REDUCING THE RISK THAT THE IN CARCERATED 9
INDIVIDUAL WILL NOT RECIDIVATE. 10
(D) (G) ANY SAVINGS REALIZED BY THE DEPARTMENT AS A RESUL T OF 11
THIS SECTION SHALL REVERT TO THE DEPARTMENT AND SHALL BE USED FOR TH E 12
PURPOSE OF: 13
(1) CONDUCTING RISK ASSE SSMENTS FOR INCARCER ATED 14
INDIVIDUALS; 15
(1) (2) CONDUCTING PAROLE HEARINGS FOR INCARCE RATED 16
INDIVIDUALS AS REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION; AND 17
(2) (3) PROVIDING PRERELEASE AND REENTRY CASE 18
MANAGEMENT AND RESOU RCES FOR INCARCERATE D INDIVIDUALS WHO AR E 19
SUBJECT TO THIS SECT ION AND RELEASED ON PAROLE . 20
(E) (H) EVERY YEAR, THE COMMISSION SHALL REPO RT TO THE JUSTICE 21
REINVESTMENT OVERSIGHT BOARD ON THE OUTCOME S OF PAROLE 22
CONSIDERATIONS MADE UNDER THIS SECTION , INCLUDING: 23
(1) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE SUBJECT 24
TO THIS SECTION WHO ARE DENIED PAROLE AN D RELEASED ON PAROLE ; 25
(2) THE REASON FOR EACH DECISION TO RELEASE AN INCARCERATED 26
INDIVIDUAL ON PAROLE ; 27
(3) THE REASON FOR EACH DECISION TO DENY PAR OLE TO AN 28
INCARCERATED INDIVID UAL; 29
(4) OF THE NUMBER OF INC ARCERATED INDIVIDUAL S WHO ARE 30
RELEASED ON PAROLE , THE NUMBER OF INDIVI DUALS WHO ARE CONVIC TED OF AN 31
OFFENSE COMMITTED AF TER RELEASE; 32
12 SENATE BILL 181
(5) THE AVERAGE TIME BET WEEN WHEN AN INCARCE RATED 1
INDIVIDUAL BECOMES E LIGIBLE FOR PAROLE C ONSIDERATION UNDER T HIS 2
SECTION AND WHEN THE INCARCERATED INDIVID UAL RECEIVES THE FIR ST PAROLE 3
HEARING REQUIRED BY THIS SECTION; AND 4
(6) THE AVERAGE TIME BETWEEN PAROLE HEARINGS FOR 5
INCARCERATED INDIVID UALS WHO ARE SUBJECT TO THIS SECTION. 6
(F) (I) (1) THE COMMISSION SHALL ADOP T REGULATIONS TO 7
IMPLEMENT THE PROVIS IONS OF THIS SECTION . 8
(2) THE REGULATIONS REQUI RED BY THIS SUBSECTI ON SHALL 9
INCLUDE A REQUIREMENT THAT THE DEPARTMENT PROVIDE AN Y INCARCERATED 10
INDIVIDUAL SUBJECT T O THIS SECTION WITH INFORMATION ON THE R EGULATIONS 11
AT LEAST ONCE EVERY YEAR. 12
Article – Criminal Law 13
14–101. 14
[(f) (1) This subsection does not apply to a person registered or eligible for 15
registration under Title 11, Subtitle 7 of the Criminal Procedure Article. 16
(2) A person sentenced under this section may petition for and be granted 17
parole if the person: 18
(i) is at least 60 years old; and 19
(ii) has served at least 15 years of the sentence imposed under this 20
section. 21
(3) The Maryland Parole Commission shall adopt regulations to implement 22
this subsection.] 23
Article – State Government 24
9–3201. 25
(a) In this subtitle the following words have the meanings indicated. 26
(b) “Board” means the Justice Reinvestment Oversight Board. 27
(c) “Executive Director” means the Executive Director of the Governor’s Office of 28
Crime Prevention and Policy. 29
SENATE BILL 181 13
(d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 1
of this subtitle. 2
9–3207. 3
(b) (1) In collaboration with the Department of Public Safety and Correctional 4
Services, the Board shall determine the annual savings from the implementation of the 5
recommendations of the Justice Reinvestment Coordinating Council based on the difference 6
between the prison population as measured on October 1, 2017, the baseline day, and the 7
prison population as measured on October 1, 2018, the comparison day, and the variable 8
cost of incarceration. 9
(2) If the prison population on the comparison day is less than the prison 10
population on the baseline day, the Board shall determine a savings based on the difference 11
in the prison population multiplied by the variable cost. 12
(3) The Board annually shall determine the difference between the prison 13
population on October 1, 2017, and the prison population on October 1 of the current year 14
and calculate any savings in accordance with paragraph (2) of this subsection. 15
(4) If a prison population decline causes a correctional unit, wing, or facility 16
to close, the Board shall conduct an assessment to determine the savings from the closure 17
and distribute the savings, realized annually, according to the schedule in paragraph (5) of 18
this subsection. 19
(5) The Board annually shall recommend that the savings identified in 20
paragraphs (2) through (4) of this subsection be distributed as follows: 21
(i) up to 50% of the savings shall be placed in the Performance 22
Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 23
(ii) subject to paragraph (6) of this subsection, the remaining savings 24
shall be used for additional services identified as reinvestment priorities in the Justice 25
Reinvestment Coordinating Council’s Final Report. 26
(6) The Board may recommend that a portion of the remaining savings 27
identified under paragraph (5)(ii) of this subsection be: 28
(i) used for the development and implementation of a post–secondary 29
education and workforce training program for each correctional institution in the Division 30
of Correction that provides incarcerated individuals with the requisite training, 31
certifications, and experience to obtain careers in in–demand job sectors; [or] 32
(ii) for fiscal year 2025 only, distributed to the Office of the 33
Correctional Ombudsman; OR 34
14 SENATE BILL 181
(III) DISTRIBUTED TO THE MARYLAND PAROLE COMMISSION 1
FOR THE PURPOSE OF H IRING PSYCHOLOGISTS TO PERFORM RISK ASSE SSMENTS OF 2
CANDIDATES FOR GERIA TRIC PAROLE UNDER § 7–310 OF THE CORRECTIONAL 3
SERVICES ARTICLE. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Parole 5
Commission shall make efforts to prioritize conducting parole hearings and issuing 6
recommendations for individuals who are eligible for parole under: 7
(1) § 7–309 of the Correctional Services Article, as enacted by Section 1 of 8
this Act; and 9
(2) § 7–310 of the Correctional Services Article, as enacted by Section 1 of 10
this Act. 11
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2025. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.