EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0648*
SENATE BILL 648
E5 5lr2876
SB 132/24 – JPR CF HB 311
By: Senators Muse and Charles
Introduced and read first time: January 25, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Medical Parole – Life Imprisonment 2
FOR the purpose of repealing provisions relating to gubernatorial approval of a decision of 3
the Maryland Parole Commission to grant medical parole to an incarcerated 4
individual serving a term of life imprisonment; and generally relating to medical 5
parole. 6
BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 7–309 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Correctional Services 14
7–309. 15
(a) This section applies to any incarcerated individual who is sentenced to a term 16
of incarceration for which all sentences being served, including any life sentence, are with 17
the possibility of parole. 18
(b) An incarcerated individual who is so chronically debilitated or incapacitated 19
by a medical or mental health condition, disease, or syndrome as to be physically incapable 20
of presenting a danger to society may be released on medical parole at any time during the 21
term of that incarcerated individual’s sentence, without regard to the eligibility standards 22
specified in § 7–301 of this subtitle. 23
(c) (1) A request for a medical parole under this section may be filed with the 24 2 SENATE BILL 648
Maryland Parole Commission by: 1
(i) the incarcerated individual seeking the medical parole; 2
(ii) an attorney; 3
(iii) a prison official or employee; 4
(iv) a medical professional; 5
(v) a family member; or 6
(vi) any other person. 7
(2) The request shall be in writing and shall articulate the grounds that 8
support the appropriateness of granting the medical parole. 9
(d) Following review of the request, the Commission may: 10
(1) find the request to be inconsistent with the best interests of public 11
safety and take no further action; or 12
(2) request that department or local correctional facility personnel provide 13
information for formal consideration of parole release. 14
(e) The information to be considered by the Commission before granting medical 15
parole shall, at a minimum, include: 16
(1) (i) a recommendation by the medical professional treating the 17
incarcerated individual under contract with the Department or local correctional facility; 18
or 19
(ii) if requested by an individual identified in subsection (c)(1) of this 20
section, one medical evaluation conducted at no cost to the incarcerated individual by a 21
medical professional who is independent from the Division of Correction or local 22
correctional facility; 23
(2) the incarcerated individual’s medical information, including: 24
(i) a description of the incarcerated individual’s condition, disease, 25
or syndrome; 26
(ii) a prognosis concerning the likelihood of recovery from the 27
condition, disease, or syndrome; 28
(iii) a description of the incarcerated individual’s physical incapacity 29
and score on the Karnofsky Performance Scale Index or similar classification of physical 30 SENATE BILL 648 3
impairment; and 1
(iv) a mental health evaluation, where relevant; 2
(3) discharge information, including: 3
(i) availability of treatment or professional services within the 4
community; 5
(ii) family support within the community; and 6
(iii) housing availability, including hospital or hospice care; and 7
(4) case management information, including: 8
(i) the circumstances of the current offense; 9
(ii) institutional history; 10
(iii) pending charges, sentences in other jurisdictions, and any other 11
detainers; and 12
(iv) criminal history information. 13
(f) The Commission may require as a condition of release on medical parole that: 14
(1) the parolee agree to placement for a definite or indefinite period of time 15
in a hospital or hospice or other housing accommodation suitable to the parolee’s medical 16
condition, including the family home of the parolee, as specified by the Commission or the 17
supervising agent; and 18
(2) the parolee forward authentic copies of applicable medical records to 19
indicate that the particular medical condition giving rise to the release continues to exist. 20
(g) (1) If the Commission has reason to believe that a parolee is no longer so 21
debilitated or incapacitated as to be physically incapable of presenting a danger to society, 22
the parolee shall be returned to the custody of the Division of Correction or the local 23
correctional facility from which the incarcerated individual was released. 24
(2) (i) A parole hearing for a parolee returned to custody shall be held 25
to consider whether the parolee remains incapacitated and shall be heard promptly. 26
(ii) A parolee returned to custody under this subsection shall be 27
maintained in custody, if the incapacitation is found to no longer exist. 28
(3) An incarcerated individual whose medical parole is revoked for lack of 29
continued incapacitation may be considered for parole in accordance with the eligibility 30 4 SENATE BILL 648
requirements specified in § 7–301 of this subtitle. 1
(h) (1) Subject to paragraph (2) of this subsection, provisions of law relating to 2
victim notification and opportunity to be heard shall apply to proceedings relating to 3
medical parole. 4
(2) In cases of imminent death, time limits relating to victim notification 5
and opportunity to be heard may be reduced or waived in the discretion of the Commission. 6
[(i) (1) If the Commission decides to grant medical parole to an incarcerated 7
individual sentenced to life imprisonment, the decision shall be transmitted to the 8
Governor. 9
(2) The Governor may disapprove the decision by written transmittal to 10
the Commission. 11
(3) If the Governor does not disapprove the decision within 180 days after 12
receipt of the written transmittal, the decision becomes effective.] 13
[(j)] (I) The Commission shall issue regulations to implement the provisions of 14
this section. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17