reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-115 - Drinking Driver Monitor Program Supervision Fees

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Program fee” means any fee the Division assesses on a supervisee the Division places in the Drinking Driver Monitor Program.
(3)    “Supervisee” means a person that the court places under the supervision of the Division.
(4)    “Supervision fee” means the fee the court orders under § 6–226 of the Criminal Procedure Article.
(b)    All supervisees placed in the Drinking Driver Monitor Program by the Division shall be:
(1)    subject to a monthly supervision fee in accordance with § 6–226 of the Criminal Procedure Article; and
(2)    assessed a monthly Program fee of $75 by the Division.
(c)    (1)    The Program fee imposed under this section shall be paid to the Division by all supervisees in the Drinking Driver Monitor Program.
(2)    The Division shall pay the Program fees collected under this section into the Drinking Driver Monitor Program Fund.
(d)    Notwithstanding subsections (b) and (c) of this section, the Division may exempt a supervisee as a whole or in part from the Program fee imposed under this section if:
(1)    the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee;
(2)    (i)    the supervisee is a student in a school, college, or university or is enrolled in a course of vocational or technical training designed to prepare the student for gainful employment; and
(ii)    certification of student status is supplied to the Division by the institution in which the supervisee is enrolled;
(3)    the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted by the Division;
(4)    the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or
(5)    other extenuating circumstances exist.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-116 - Drinking Driver Monitor Program Fund

(a)    There is a Drinking Driver Monitor Program Fund.
(b)    The Fund shall be used for all costs of the Drinking Driver Monitor Program.
(c)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(d)    The Fund consists of:
(1)    the program fees paid by supervisees in the Drinking Driver Monitor Program; and
(2)    investment earnings of the Fund.
(e)    The money of the Fund shall be invested in the same manner as other State money.
(f)    Expenditures from the Fund may be made only:
(1)    in accordance with the State budget; or
(2)    by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article.
(g)    The Fund is subject to audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-118 - Considerations in Disciplinary Actions

When considering disciplinary action related to the performance of a parole and probation employee, the Division shall consider the size of the employee’s active caseload and the classification of the offenders within the employee’s active caseload at the time of the event giving rise to the consideration of disciplinary action.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-119 - Use of Programs and Practices to Encourage Probationer to Improve Conduct, Reduce Recidivism, and Pay Restitution

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Evidence–based programs and practices” means programs proven by scientific research to reliably produce reductions in recidivism.
(3)    “Innovative programs and practices” means programs that do not meet the standard of evidence–based practices but which preliminary research or data indicates will reduce the likelihood of offender recidivism.
(b)    The Division shall use practicable and suitable methods that are consistent with evidence–based programs and practices and innovative programs and practices to aid and encourage a probationer or parolee to improve conduct, to reduce the risk of recidivism, and to pay restitution.
(c)    The Division shall have an independent validation study conducted every 3 years on the risk and needs assessment tool.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-120 - Annual Training Required

The Department shall require all parole and probation agents and supervisors, Commission members, and hearing officers to undergo annual training based on the most current research, regarding:
(1)    identifying, understanding, and targeting an individual’s criminal risk factors;
(2)    principles of effective risk interventions; and
(3)    supporting and encouraging compliance and behavior change, including regarding the payment of restitution.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-121 - Graduated Sanction for Technical Violations

(a)    This section shall apply to all individuals under the supervision of the Division.
(b)    (1)    The Division shall impose graduated sanctions in response to technical violations of conditions of supervision.
(2)    Graduated sanctions may not include incarceration or involuntary detention.
(3)    The Division shall provide notice to the court of a technical violation committed and a graduated sanction imposed as a result of the violation.
(c)    The Department shall:
(1)    establish a program to implement the use of graduated sanctions in response to technical violations of the conditions of community supervision;
(2)    adopt policies and procedures to implement the program and to ensure that due process protections are in place for an individual under the supervision of the Division to challenge graduated sanctions imposed under the program; and
(3)    develop a matrix to guide a parole and probation agent in determining the suitable response to a technical violation that includes a range of the most common violations and a range of possible noncustodial sanctions to be imposed.
(d)    If the available graduated sanctions have been exhausted, the Division shall refer the individual to the court or the Commission for additional sanctions, including formal revocation of probation, parole, or mandatory supervision under § 7–401 or § 7–504 of this article or § 6–223 or § 6–224 of the Criminal Procedure Article.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 1 - Division of Parole and Probation › Section 6-122 - Annual Reports by Division. [Effective Until October 1, 2025]

// EFFECTIVE UNTIL SEPTEMBER 30, 2025 PER CHAPTER 141 OF 2022 //
On or before December 1, 2022, and each December 1 thereafter, the Division shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Judicial Proceedings Committee and the House Judiciary Committee on:
(1)    measures it will take to improve oversight of offenders under the supervision of the Division who are involved in homicides; and
(2)    the number of offenders supervised by the Division that were shooting victims, homicide victims, or charged with homicide, nonfatal shooting, rape, police–involved shooting, or any crime involving the offender’s use of a firearm.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-202 - Purpose of Compact

Article I. Purpose.
(a)    The compacting states to this Interstate Compact recognize that:
(1)    Each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this Compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions; and
(2)    Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
(b)    It is the purpose of this Compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states:
(1)    To provide the framework for the promotion of public safety and protect the right of victims through the control and regulation of the interstate movement of offenders in the community;
(2)    To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and
(3)    To equitably distribute the costs, benefits, and obligations of the Compact among the compacting states.
(c)    This Compact will:
(1)    Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this Compact;
(2)    Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;
(3)    Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators;
(4)    Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and
(5)    Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
(d)    The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this Compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-203 - Definitions

Article II. Definitions.
(a)    As used in this subtitle the following words have the meanings indicated, unless the context clearly requires a different construction.
(b)    “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(c)    “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
(d)    “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact.
(e)    “Compacting state” means any state which has enacted the enabling legislation for this Compact.
(f)    “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this Compact.
(g)    “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this Compact.
(h)    “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(i)    “Noncompacting state” means any state which has not enacted the enabling legislation for this Compact.
(j)    “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(k)    “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.
(l)    “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(m)    “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.
(n)    “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this Compact.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-204 - The Compact Commission

Article III. The Compact Commission.
(a)    The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.
(b)    The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.
(c)    Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(d)    The Interstate Commission shall establish an Executive Committee which shall include Commission officers, members, and others as shall be determined by the bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact.
(e)    The Executive Committee shall:
(1)    Oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff;
(2)    Administer enforcement and compliance with the provisions of the Compact and its bylaws, as directed by the Interstate Commission; and
(3)    Perform other duties as directed by the Commission or set forth in the bylaws.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-205 - The State Council

Article IV. The State Council.
(a)    Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state.
(b)    Each State Council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state.
(c)    While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and Compact Administrators.
(d)    Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the State Council or by the governor in consultation with the legislature and the judiciary.
(e)    In addition to appointment of its commissioner to the national Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-210 - Oversight, Enforcement, and Dispute Resolution

Article IX. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.
(a)    (1)    The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2)    The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b)    (1)    The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
(2)    The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and noncompacting states.
(3)    The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c)    The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in § 6–213(b) of this subtitle.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-211 - Finance

Article X. Finance.
(a)    The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(b)    The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c)    The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d)    The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-212 - Eligibility; Effectiveness and Amendment

Article XI. Compacting States, Effective Date and Amendment.
(a)    Any state is eligible to become a compacting state.
(b)    The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the Compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.
(c)    Amendments to the Compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-214 - Severability; Construction

Article XIII. Severability and Construction.
(a)    The provision of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provision of the Compact shall be enforceable.
(b)    The provisions of this Compact shall be liberally constructed to effectuate its purposes.
2023 Maryland Statutes › Correctional Services › Title 6 - Parole and Probation › Subtitle 2 - Interstate Compact for Adult Offender Supervision › Section 6-215 - Effect of Other Laws

Article XIV. Binding Effect of Compact and Other Laws.
(a)    (1)    Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with the Compact.
(2)    All compacting states’ laws conflicting with this Compact are superseded to the extent of the conflict.
(b)    (1)    All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2)    All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3)    Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission action, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4)    In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 1 - Definitions; General Provisions › Section 7-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Commission” means the Maryland Parole Commission.
(c)    “Commissioner” means a member of the Maryland Parole Commission.
(d)    “Commutation of sentence” means an act of clemency in which the Governor, by order, substitutes a lesser penalty for the grantee’s offense for the penalty imposed by the court in which the grantee was convicted.
(e)    “Conditional commutation of sentence” means a commutation of sentence that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the commutation.
(f)    “Conditional pardon” means a pardon that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the pardon.
(g)    (1)    “Mandatory supervision” means a conditional release from confinement that is granted to an inmate under § 7-501 of this title.
(2)    “Mandatory supervision” includes a conditional release granted before July 1, 1989 that was referred to as “mandatory release”.
(h)    “Pardon” means an act of clemency in which the Governor, by order, absolves the grantee from the guilt of the grantee’s criminal acts and exempts the grantee from any penalties imposed by law for those criminal acts.
(i)    “Parole” means a conditional release from confinement granted by the Commission to an inmate.
(j)    “Parolee” means an inmate who has been released on parole.
(k)    “Partial pardon” means a pardon that has been limited by the terms of the order granting the pardon to be of less effect than a full pardon.
(l)    “Predetermined parole release agreement” means an agreement among the Commissioner of Correction, the Commission, and an inmate for the parole of the inmate at a predetermined time if, during the inmate’s term of confinement, the inmate fulfills the conditions specified in the agreement.
(m)    “Violent crime” means:
(1)    a crime of violence as defined in § 14-101 of the Criminal Law Article; or
(2)    burglary in the first, second, or third degree.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 1 - Definitions; General Provisions › Section 7-102 - Scope of Title

This title does not apply to:
(1)    an inmate retained in the custody of Patuxent Institution for:
(i)    examination to determine if the inmate is an eligible person, as defined in § 4-101 of this article; or
(ii)    confinement as an eligible person under Title 4 of this article; or
(2)    a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 1 - Definitions; General Provisions › Section 7-103 - Certificate of Completion

(a)    In this section, “offender” has the meaning stated in § 6–101 of this article.
(b)    The Department may issue a certificate of completion to an offender who:
(1)    was supervised by the Department under conditions of:
(i)    parole;
(ii)    probation; or
(iii)    mandatory release supervision;
(2)    has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and
(3)    is no longer under the jurisdiction of the Department.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-202 - Membership

(a)    (1)    The Commission consists of ten members.
(2)    With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the members of the Commission.
(b)    Each commissioner shall:
(1)    be appointed without regard to political affiliation;
(2)    be a resident of the State; and
(3)    have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.
(c)    Each commissioner:
(1)    shall devote full time to the duties of the Commission; and
(2)    may not have any other employment that conflicts with the commissioner’s devotion of full time to the duties of the Commission.
(d)    (1)    The term of a commissioner is 6 years.
(2)    At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.
(3)    A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    (1)    With the approval of the Governor, the Secretary may remove a commissioner for disability, neglect of duty, or misconduct in office.
(2)    Before removing a commissioner, the Secretary shall:
(i)    give the commissioner written notice of the charges against the commissioner; and
(ii)    hold a public hearing on the charges.
(f)    (1)    If a commissioner is unable to perform the commissioner’s duties because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing examiner to the Commission to perform those duties until that commissioner is able to resume those duties or until a new commissioner is appointed and qualifies.
(2)    A hearing examiner appointed under this subsection is entitled to the same compensation as a commissioner.
(3)    A hearing examiner appointed under this subsection may not participate in a proceeding before the Commission in which the hearing examiner participated as a hearing examiner.
(g)    With the approval of the Governor, the Secretary shall designate a chairperson of the Commission from among its members.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-203 - Compensation and Reimbursement for Expenses

(a)    Each commissioner is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(b)    The General Assembly may provide for an increase in the compensation of commissioners during their terms in the same proportion as any average compensation increase awarded to State employees generally.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-204 - Staff; Hearing Examiners

(a)    (1)    The Commission shall appoint the staff necessary to perform the duties of the Commission.
(2)    The activities of the staff may not duplicate or conflict with the functions and services of the Division of Parole and Probation.
(3)    Except as otherwise provided by law, the staff is subject to the provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article.
(b)    (1)    (i)    The Secretary may appoint the hearing examiners necessary to conduct parole release hearings under paragraph (2) of this subsection, as provided in the State budget.
(ii)    Each hearing examiner shall:
1.    be appointed without regard to political affiliation;
2.    be a resident of the State; and
3.    have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.
(iii)    A hearing examiner is entitled to compensation in accordance with the State budget.
(2)    A hearing examiner or a commissioner acting as a hearing examiner may hear cases for parole release that are not required to be heard by the Commission under § 7-205(a)(3) of this subtitle.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-206 - Duties

The Commission shall:
(1)    evaluate information on the activities of parolees that the Division of Parole and Probation reports;
(2)    issue warrants or delegate to the Director of the Division of Parole and Probation the authority to issue warrants to retake parolees who are charged with violating a condition of parole;
(3)    review and make recommendations to the Governor:
(i)    concerning parole of an inmate under a sentence of life imprisonment; and
(ii)    if requested by the Governor, concerning a pardon, commutation of sentence, or other clemency;
(4)    establish and modify general policy governing the conduct of parolees; and
(5)    arrange for psychiatric or psychological examination of applicants for parole whenever the Commission believes that an examination will better enable it to decide on the advisability of parole, and include the expense for the examination in its annual budget.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-207 - Regulations

(a)    (1)    Subject to the approval of the Secretary, the Commission shall adopt regulations governing its policies and activities under this title.
(2)    Notwithstanding the provisions of § 10–101(g)(2)(i) of the State Government Article, regulations adopted under paragraph (1) of this subsection shall comply with Title 10, Subtitle 1 of the State Government Article.
(b)    The Commission may adopt regulations governing:
(1)    the conduct of proceedings before it or the hearing examiners; and
(2)    the review and disposition of written exceptions to the recommendation of a hearing examiner.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 2 - Maryland Parole Commission › Section 7-208 - Record of Actions; Annual Report; Recommendations

The Commission shall:
(1)    maintain a record of its actions;
(2)    make an annual report to the Governor of its work; and
(3)    make appropriate recommendations for the improvement of its functions.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-302 - Frequency of Hearings

The Commission or the Commission’s hearing examiners shall hear cases for parole release:
(1)    at least once each month at each correctional facility in the Division of Correction; and
(2)    as often as necessary at other correctional facilities in the State at which inmates eligible for parole consideration are confined.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-303 - Notice to Incarcerated Individual

(a)    Before any hearing on parole release, the Commission shall give the inmate adequate and timely written notice of:
(1)    the date, time, and place of the hearing; and
(2)    the factors that the Commission or hearing examiner will consider in determining whether the inmate is suitable for parole.
(b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, the notice also shall indicate that, before the hearing, the inmate or the inmate’s representative may, on request, examine any document that the Commission or hearing examiner will use in determining whether the inmate is suitable for parole.
(ii)    A document, or a portion of it, is not available for examination, if the Commission determines that:
1.    the document or portion contains a diagnostic opinion;
2.    the inmate’s knowledge of the document or portion would disrupt seriously a program of rehabilitation;
3.    the document or portion contains sources of information obtained on a promise of confidentiality; or
4.    the document or portion is otherwise privileged.
(iii)    If the Commission determines that a document or a portion of it is not available for examination, the Commission shall notify the inmate that:
1.    the document or portion is not available for examination; and
2.    on request and if appropriate, the Commission will provide the inmate or the inmate’s representative with the substance of any information contained in the document or portion.
(2)    The Commission shall delete the address and phone number of the victim or the victim’s designated representative from a document before the inmate or the inmate’s representative examines the document.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-304 - When Hearing Open to Public; Attendance by Victim or Victim's Representative

(a)    A parole hearing shall be open to the public if:
(1)    (i)    a victim, as defined in § 7-801 of this title, makes a written request to the Department for notification and maintains a current address on file with the Department; or
(ii)    a victim or a victim’s representative files a notification request form under § 11-104 of the Criminal Procedure Article; and
(2)    within a reasonable amount of time before a scheduled hearing, the victim makes a written request that the hearing be open to the public.
(b)    The vote of each commissioner when acting collectively or in a panel, to approve or deny parole, and a vote to close or restrict access to a parole hearing under subsection (d) of this section, shall be made available to the public.
(c)    Subject to subsection (d) of this section, the victim or victim’s representative has the right to attend an open parole hearing.
(d)    The Commission or a panel of commissioners may:
(1)    restrict the number of individuals allowed to attend a parole hearing in accordance with physical limitations or security requirements of the facility where the hearing is held;
(2)    deny admission or continued attendance at a parole hearing to an individual who:
(i)    threatens or presents a danger to the security of the facility in which the hearing is being held;
(ii)    threatens or presents a danger to other attendees or participants; or
(iii)    disrupts the hearing;
(3)    close a parole hearing to deliberate on the evidence and any other relevant information received at the hearing; or
(4)    close a parole hearing on written request of the chief law enforcement official responsible for an ongoing criminal investigation related to the inmate, if the ongoing investigation could be compromised.
(e)    This section does not limit the authority of the Commission to hold a parole hearing through the use of a video conference or other means of electronic transmission.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-305 - Factors and Information to Be Considered

Each hearing examiner and commissioner determining whether an inmate is suitable for parole, and the Commission before entering into a predetermined parole release agreement, shall consider:
(1)    the circumstances surrounding the crime;
(2)    the physical, mental, and moral qualifications of the inmate;
(3)    the progress of the inmate during confinement, including the academic progress of the inmate in the mandatory education program required under § 22–102 of the Education Article;
(4)    a report on a drug or alcohol evaluation that has been conducted on the inmate, including any recommendations concerning the inmate’s amenability for treatment and the availability of an appropriate treatment program;
(5)    whether there is reasonable probability that the inmate, if released on parole, will remain at liberty without violating the law;
(6)    whether release of the inmate on parole is compatible with the welfare of society;
(7)    an updated victim impact statement or recommendation prepared under § 7–801 of this title;
(8)    any recommendation made by the sentencing judge at the time of sentencing;
(9)    any information that is presented to a commissioner at a meeting with the victim;
(10)    any testimony presented to the Commission by the victim or the victim’s designated representative under § 7–801 of this title; and
(11)    compliance with the case plan developed under § 7–301.1 of this subtitle or § 3–601 of this article.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-306 - Hearing Conducted by Hearing Examiner

(a)    (1)    The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.
(2)    Each proceeding before a hearing examiner shall be conducted in accordance with this section.
(b)    The Commission shall keep a record of each hearing conducted by a hearing examiner.
(c)    A hearing examiner shall determine if an inmate is suitable for parole in accordance with the factors and other information specified in § 7-305 of this subtitle.
(d)    (1)    At the conclusion of the hearing, the hearing examiner shall inform the inmate of the hearing examiner’s recommendation for parole or denial of parole.
(2)    Within 21 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the inmate a written report of the hearing examiner’s findings and recommendation for parole or denial of parole.
(3)    The Commissioner of Correction or the inmate may file with the Commission written exceptions to the report of a hearing examiner no later than 5 days after the report is received.
(e)    (1)    Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner.
(2)    (i)    The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission.
(ii)    The Commission or panel shall render a written decision on the appeal.
(iii)    The decision of the Commission or panel is final.
(3)    If an exception is not filed and the Commission does not act on its own initiative within the 5-day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-307 - Hearing Conducted by Commission Panel

(a)    (1)    Except as provided in subsection (c) of this section, the chairperson of the Commission shall assign at least two commissioners to hear cases for parole release as a panel.
(2)    Each proceeding before a Commission panel shall be conducted in accordance with this section.
(b)    (1)    (i)    A Commission panel that consists of two commissioners shall determine, by unanimous vote, whether the inmate is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
(ii)    If the two–commissioner panel is unable to reach a unanimous decision, the chairperson of the Commission shall convene a three–commissioner panel as soon as practicable to rehear the case.
(2)    A Commission panel that consists of three commissioners shall determine, by majority vote, whether the inmate is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
(c)    For an inmate who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, at least six affirmative votes are required to approve the inmate for parole, based on consideration of the factors specified in § 7–305 of this subtitle.
(d)    (1)    The Commission panel shall inform the inmate and the appropriate correctional authority of the Commission’s decision as soon as possible.
(2)    If parole is denied, the Commission shall give the inmate a written report of its findings within 30 days after the hearing.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-308 - Parole Order

(a)    A parole shall be evidenced by a written order.
(b)    Parole entitles the recipient:
(1)    to leave the correctional facility in which the recipient was confined; and
(2)    if the recipient satisfactorily complies with all the terms and conditions provided in the parole order, to serve the remainder of the recipient’s term of confinement outside the confines of the correctional facility.
(c)    A parolee remains in legal custody until the expiration of the parolee’s full, undiminished term.
(d)    The chairperson of the Commission shall file a copy of the parole order with the clerk of the court in which the parolee was sentenced.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 4 - Revocation of Parole; Modification of Parole; Conviction of Crime Committed While on Parole › Section 7-402 - Modification of Parole

(a)    (1)    On recommendation of the Division of Parole and Probation or on the Commission’s own initiative, the Commission may modify the conditions of parole at any time for good cause.
(2)    The modification may include imposing home detention as a condition of parole.
(b)    (1)    The Commission shall adopt procedures for the modification of conditions of parole that give a parolee an opportunity to show why the conditions should not be modified.
(2)    This section does not require a hearing or establish a right of judicial review.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 4 - Revocation of Parole; Modification of Parole; Conviction of Crime Committed While on Parole › Section 7-403 - Conviction of Crime Committed While on Parole

(a)    (1)    If a parolee is convicted of a crime committed while on parole and is sentenced to an additional term of imprisonment in any correctional facility in this State, the court shall determine if the new sentence is to run concurrently or consecutively, as required under Maryland Rule 4–351(a)(5).
(2)    If the new sentence is to run consecutively:
(i)    the new sentence shall begin as provided in § 9–202(c) of this article; and
(ii)    any reimposition of the original sentence on parole shall begin as provided in § 7–401 of this subtitle.
(b)    If a parolee is convicted in another state of a crime committed while on parole and is sentenced to serve a term of imprisonment in a correctional facility in the other state, the Commission shall file with the managing official of the correctional facility in the other state a declaration of violation of parole to serve as a detainer on the parolee’s release from the correctional facility.