Md. Code Regs. 12.08.01.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.08.01.17 - Preparation for Parole Consideration

A. Parole Consideration and Parole Hearings.

(1) A parole-eligible prisoner sentenced to a term of 6 months or more for a crime that is not a violent crime or for a violent crime that occurred before October 1, 1994, shall receive a parole hearing after serving not more than 1/4 of the sentence or, in the case of multiple sentences, 1/4 of the combined sentences unless:

(a) The prisoner is incarcerated for a violent crime and the victim, in accordance with COMAR 12.08.02, makes a written request that the parole hearing be open to the public;

(b) The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole;

(c) Following a review without a hearing, the Commission determines that no useful purpose would be served by a hearing.

(2) If the parole hearing is designated as open to the public under §A(1) of this regulation, the parole hearing may be held up to 90 days later than 1/4 of the sentence, 1/4 of the combined sentences, or the greater of 1/4 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole.

(3) A parole-eligible prisoner sentenced to a term of 6 months or more for a violent crime that occurred on or after October 1, 1994 shall receive a parole hearing after serving not more than 1/2 of the sentence, or in the case of multiple sentences, 1/2 of the combined sentences unless:

(a) The victim, in accordance with COMAR 12.08.02 makes a written request that the parole hearing be open to the public;

(b) The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole;

(c) Following a review without a hearing, the Commission determines that no useful purpose would be served by a hearing.

(4) If a prisoner has been sentenced to a term of confinement that includes a sentence for which the prisoner is not eligible for parole consideration, the prisoner is not eligible for parole consideration until having served the greater of:

(a) The period set forth in §A(1)-(3) of this regulation; or

(b) A period of time equal to the term during which the prisoner is not eligible for parole.

(5) If the parole hearing is designated as open to the public under §A(3) of this regulation, the parole hearing may be held up to 90 days later than 1/2 of the sentence, 1/2 of the combined sentences, or the greater of 1/2 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole.

(6) Administrative Review.

(a) The file of a prisoner sentenced to life imprisonment, or to a term of 25 years or more shall be administratively reviewed by the Commission after serving 5 years of the sentence unless the prisoner is serving a term of confinement for a violent offense which occurred on or after October 1, 1994.

(b) The file of a prisoner serving a term of confinement for a violent offense which occurred on or after October 1, 1994 shall be administratively reviewed by the Commission after serving 1/4 of the term of confinement.

(c) The file of a prisoner serving a term of confinement that includes a mandatory term during which the prisoner is not eligible for parole need not be administratively reviewed until the period of confinement during which the prisoner is not eligible for parole has been served.

(d) Before conducting an administrative review, the Division of Correction shall furnish the Commission with a pre-review summary similar to a pre-parole summary unless the review is conducted in accordance with §A(5)(g) of this regulation.

(e) The decision resulting from the review shall be in writing unless the review is conducted in accordance with §A(5)(g) of this regulation.

(f) Except as provided in §A(5)(g) of this regulation, an administrative review shall:

(i) Be conducted by a randomly assigned Commission member or hearing examiner;

(ii) Ensure that the file contains the necessary documents;

(iii) Develop a chronological record of the case before the initial parole release hearing; and

(iv) Be sent to the prisoner and the institution where the prisoner is incarcerated.

(g) If a prisoner is serving a term of confinement of less than 25 years for a violent offense which occurred on or after October 1, 1994, an administrative review shall:

(i) Be conducted by a Commissioner or hearing officer;

(ii) Ensure that the file contains the necessary documents before the initial parole release hearing; and

(iii) When appropriate, establish the month and year of the initial parole release hearing.

(7) Sentence of Life Imprisonment.

(a) A prisoner sentenced to life imprisonment is eligible for parole after serving 15 years or the equivalent of 15 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland.

(b) A prisoner sentenced to life imprisonment as a result of a proceeding under Criminal Law Article, § 2-303, Annotated Code of Maryland, is eligible for parole after serving 25 years or the equivalent of 25 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland.

(c) When a parole release hearing for a prisoner serving a sentence of life imprisonment is scheduled, that date may be deferred for up to 90 days if the hearing is open to the public in accordance with COMAR 12.08.02.

(d) A prisoner sentenced under Criminal Law Article, Title 2, Subtitle 2, or §2-303, Annotated Code of Maryland, to imprisonment for life without the possibility of parole is not eligible for parole consideration and may not be granted parole at any time during the term of the sentence.

(e) The Governor has the exclusive power to grant parole to prisoners serving a sentence of life imprisonment.

(f) A parole release hearing for a prisoner serving a sentence of life imprisonment shall be conducted by a panel of two Commissioners and, if they agree to recommend the granting of parole, the case shall be presented by the panel to the Commission en banc.

(g) If the Commission meeting en banc agrees that the prisoner should be granted parole, the Commission's recommendation for parole shall be forwarded to the Governor.

(h) When the Commission determines that an inmate has demonstrated suitability for parole, the Commission may not send to the Governor a recommendation for commutation in lieu of a recommendation for parole.

(8) Consecutive Sentences.

(a) When life sentences are imposed consecutively to each other, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on each separate life sentence.

(b) When a term of confinement includes a life sentence or sentences and a fixed term or terms to be served consecutively, regardless of the order in which they are to be served, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on the fixed term or terms with the number of years required for parole eligibility for the life sentence or sentences.

(9) Split Sentences.

(a) When the court suspends a portion of the sentence imposed, other than a sentence of life imprisonment, a prisoner shall receive a parole release hearing on the unsuspended period of confinement in accordance with §A(1) or (3) of this regulation.

(b) Regardless of how much of a sentence of life imprisonment is suspended by the court, a prisoner sentenced to life imprisonment cannot be paroled until the prisoner has served the period of confinement required by Correctional Services Article, § 7-301(d), Annotated Code of Maryland.

B. General Requirements. Before each parole hearing, the Commission reviews all information available. The Admission Summary of the Division of Corrections for each prisoner shall be furnished the Commission and shall contain a detailed report of the nature of the offense, a complete social history, employment record, etc. The following are procedures for accumulating further information:

(1) State Penal or Correctional Cases.

(a) In advance of the hearing date, the Commission shall cause to be promulgated a list of those cases which shall receive parole consideration. This list shall be distributed to the institutions of confinement.

(b) The receipt of this list by the institution shall serve as notice for the initiation of up-to-date staff reports, psychological and psychiatric examinations, and other reports pertaining to the inmate scheduled for hearing. The institutional parole agent shall initiate the pre-parole investigations of home and employment plans.

(c) In cases where a detainer is on file or a pending charge is indicated, its status will be investigated and reported, so far as reasonably possible, before that hearing.

(d) Attached to the material enumerated above, there shall be a pre-parole summary containing a report of the inmate's institutional adjustment and progress during his incarceration or since his last appearance before the Commission. This summary may include a recommendation regarding parole by the institutional staff. The pre-parole summary shall also contain the projected date of mandatory release from the institution after allowing credit for good conduct time and industrial time earned by the inmate.

(e) The completed material shall be collected and shall include any pre-sentence reports and any prior parole and probation files of the prisoner. Before the hearing the Chairman shall assign the completed files to members of the Commission and hearing examiners for their review and hearing.

(2) County Jail and Detention Center Cases.

(a) It shall be the duty of the Division of Parole and Probation to inform the Commission, by timely notice, of all persons serving sentences of 6 months or more in county jails or detention centers, and to prepare a docket and necessary classification material.

(b) Before the hearing date of the prisoner, the Division of Parole and Probation shall prepare a pre-parole report reflecting the community plan established, or to be established, by the parole applicant. The report should reflect the home situation, environmental patterns, economic factors, and such other relevant matters, including social history, as the Commission may require in order to properly evaluate the prisoner for parole.

C. Notice to Inmate and Access to Files.

(1) Notification. Before any parole hearing, it shall be the duty of the several institutional parole agents to furnish the applicant for parole with written notice of the:

(a) The date, time, and place of the hearing;

(b) The factors which the Commission will consider in making its determination;

(c) Right of the prisoner or a representative to examine and inspect before the hearing, any file, report, or other document to be used by the Commission in making its determination.

(2) "Representative" defined. The following shall be recognized as authorized representatives to examine an inmate's file at his request:

(a) Classification counselors or other members of the professional institutional staff where the inmate is incarcerated;

(b) Any member of the Bar in good standing;

(c) Any paralegal working under the supervision of a member of the Bar in good standing;

(d) Any agent of the Division of Parole and Probation.

(3) Time of Notice. The notice shall be furnished the inmate not less than 15 days before the parole hearing unless, in certain individual cases and for good cause, the time must be shortened.

(4) Notice of Intention and Authorization of Representative.

(a) Any inmate desiring to inspect his file shall immediately, upon receipt of the notice of hearing, file a notice of this intention with the institutional parole agent upon a form to be furnished by that agent. If a representative is to be authorized to inspect the file on behalf of the inmate, the name of the representative and his occupation and address shall be included on the notice together with an authorization of the inmate for the person to act as his representative.

(b) Upon receipt of the notice, the institutional parole agent shall furnish the Commission with the name and number of the inmate and at the same time notify classification personnel of the Division of Corrections in order that they may immediately prepare a pre-parole summary in timely fashion in order that it will be made available to the inmate at the time of the file review.

(c) In advance of the scheduled hearings of such inmates, the institutional parole agent shall be furnished the file.

(5) Review of Parole Commission File.

(a) The institutional parole agent and the inmate or the inmate's representative shall review the file at the appointed time.

(b) Except as provided in Correctional Services Article, § 7-303(b)(1)(ii), Annotated Code of Maryland, the inmate and the inmate's representative may, on request, examine a document that the Commission or hearing examiner uses in determining whether the inmate is suitable for parole.

(c) Subject to the provisions stated in Correctional Services Article, § 7-303 b(1)(ii), Annotated Code of Maryland, the Commission may not withhold from an inmate or an inmate's representative a document or communication from the Office of the State's Attorney concerning an inmate who is being considered for parole unless the Commission believes that releasing the document would compromise the safety of one or more individuals.

(d) Subject to the provisions stated in Correctional Service Article, § 7-303(b)(2), Annotated Code of Maryland, any documents submitted by a victim or the victim's designated representative shall be available for review by the inmate or the inmate's representative except when prohibited by Correctional Services Article, § 7-303(b)(1)(ii), Annotated Code of Maryland.

(e) If a risk assessment is prepared for the Commission, the Commission shall upon receipt provide the inmate with a copy of the inmate's risk assessment or a summary of the risk assessment.

(f) If the Commission withholds any requested documents or portions of requested documents, the Commission shall provide the inmate or the inmate's representative with a list of each withheld document and a summary of the document's contents as required by Correctional Services Article, § 7-303(b)(1)(iii), Annotated Code of Maryland.

(6) Disputed facts.

(a) Errors, omissions, or disputed facts contained in the file shall be adjusted and corrected by agreement between the inmate or his representative, and the parole agent.

(b) In cases of irreconcilable difference, it shall be the duty of the institutional parole agent to immediately notify the Parole Commission, furnishing it with a short statement of the problem and nature of the dispute.

(c) The Commission, upon receipt of the notice, may postpone the hearing for a period not exceeding 30 days and shall determine, in its discretion, how best to decide the dispute. In so doing it may, but may not be limited to, any of the following:

(i) Obtain documentary evidence to prove the disputed fact;

(ii) Reserve the question until the parole interview;

(iii) Accept the inmate's version of the disputed facts;

(iv) Hold a fact-finding hearing with two or more Commission members before the parole hearing, allowing testimony of witnesses and cross-examination of witnesses by all parties. The inmate may have his representative present to act as counsel at any fact-finding hearing.

(d) The facts found by the Commissioners shall be final and shall become a part of the file to be considered at the parole hearing and a copy of the finding shall be furnished in writing to the inmate before the parole hearing.

Md. Code Regs. 12.08.01.17

Regulations .17 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596); amended effective 43:21 Md. R. 1168, eff. 10/24/2016; amended effective 48:19 Md. R. 802, eff. 9/20/2021