2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 3 - Eligibility for Parole; Parole Hearings › Section 7-301.1 - Administrative Release

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Administrative release” means release of an eligible inmate who has served one–fourth of the inmate’s sentence and met the requirements established under this section.
(3)    “Eligible inmate” means an inmate who:
(i)    has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility;
(ii)    is serving a sentence for which the most serious offense is:
1.    a violation of §§ 5–601 through 5–606 of the Criminal Law Article; or
2.    a violation involving a value of $1,500 or less of § 7–104, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, § 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article;
(iii)    does not have a prior conviction for:
1.    a violent crime; or
2.    a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;
(iv)    does not have two or more convictions for a violation of §§ 5–602 through 5–606 of the Criminal Law Article; and
(v)    if serving a sentence with a term of confinement that includes a mandatory minimum sentence, has served the mandatory portion of the sentence.
(4)    “Victim” means:
(i)    a person who is the victim of a crime committed by an eligible inmate; or
(ii)    if the person described in item (i) of this paragraph is deceased, disabled, or a minor, a designated family member, guardian ad litem, or other representative of the person.
(b)    (1)    For an inmate in a correctional facility, the Commission shall:
(i)    conduct an investigation to determine the inmate’s eligibility for administrative release;
(ii)    determine the conditions under which an eligible inmate may be released after having served one–fourth of the inmate’s term of confinement; and
(iii)    calculate a tentative release eligibility date for an eligible inmate.
(2)    The investigations required under paragraph (1) of this subsection shall be completed and submitted to the Commission within 60 days of commitment.
(c)    For an inmate in a local correctional facility, the Commission, in collaboration with the local correctional facility, shall consider the results of the investigation conducted under subsection (b)(1) of this section and develop an individual case plan with which an eligible inmate must comply in order to be released on administrative release.
(d)    (1)    The individual case plans developed under subsection (c) of this section and § 3–601(d) of this article shall include conditions that an inmate will be able to complete before the inmate’s administrative release date.
(2)    An individual case plan may include conditions that apply after an inmate is released on administrative release.
(e)    (1)    The Division of Correction and each local correctional facility shall:
(i)    review the progress of an eligible inmate’s case plan every 8 weeks from the date the case plan was developed;
(ii)    send a progress report on each eligible inmate’s case plan to the Commission every 4 months; and
(iii)    send a progress report to the Commission of an eligible inmate’s compliance or noncompliance with the case plan at least 30 days before the inmate’s tentative administrative release eligibility date.
(2)    The Commission may provide written input on the eligible inmate’s progress toward completion of the case plan.
(f)    (1)    Notwithstanding the limitations on who is considered a victim in § 7–801 of this title, for purposes of this section, a victim has all the rights under this section that are granted to a victim under this title for a parole hearing.
(2)    As provided in § 7–801 of this title, the Commission shall notify a victim of:
(i)    the eligible inmate’s administrative release eligibility date;
(ii)    the victim’s right to request an open hearing under § 7–304 of this subtitle; and
(iii)    the victim’s right to submit written testimony concerning the crime and the impact of the crime on the victim.
(g)    The Commission shall authorize the release of an eligible inmate on administrative release, without a hearing before the Commission, at the inmate’s release eligibility date if:
(1)    the inmate has complied with the case plan developed under subsection (c) of this section or § 3–601(d) of this article;
(2)    the inmate has not committed a category 1 rule violation, as defined in 12.02.27.04 of the Code of Maryland Regulations;
(3)    a victim has not requested a hearing under subsection (f) of this section; and
(4)    the Commission finds a hearing unnecessary considering the inmate’s history, progress, and compliance.
(h)    An individual on administrative release is subject to:
(1)    the jurisdiction of the Commission in the same manner as a parolee; and
(2)    all laws and conditions that apply to parolees.
(i)    An eligible inmate who is not released on administrative release under this section is otherwise eligible for release as provided under this subtitle.