Md. Code Regs. 01.01.2018.06

Current through Register Vol. 51, No. 9, May 3, 2024

Section 01.01.2018.06 - Gubernatorial Considerations in Parole of Inmates Serving Terms of Life Imprisonment

A. In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment, the Governor shall assess and consider, among other lawful factors deemed relevant by the Governor, the same factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission's governing statutes and regulations.

B. If the Governor disapproves parole for an inmate serving a term of life imprisonment, the Governor shall issue a written decision delivered to the Maryland Parole Commission confirming that the Governor has considered, among other relevant and lawful factors and information, the same factors and information assessed by the Maryland Parole Commission as provided by its governing statutes and regulations.

C. Additional factors and information for juvenile offenders. In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment with the possibility of parole for a crime committed before he or she reached 18 years of age (a juvenile offender), the Governor shall consider, in addition to other lawful factors deemed relevant by the Governor and the factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission's governing statutes and regulations:

(1)

i. The juvenile offender's age at the time the crime was committed and the lesser culpability of juvenile offenders as compared to adult offenders;

ii. The degree to which the juvenile offender has demonstrated maturity since the commission of the crime; and

iii. The degree to which the juvenile offender has demonstrated rehabilitation since the commission of the crime.

(2) If the Governor disapproves parole for a juvenile offender, the Governor shall issue a written decision delivered to the Maryland Parole Commission that:

i. confirms that the Governor has considered the applicable statutory and regulatory factors and information and the factors and information set forth in this executive order; and

ii. states reasons supporting the decision to disapprove parole.

D. This executive order may not be construed to have any retroactive effect on any decision or recommendation of the Maryland Parole Commission or any decision of the Governor, made prior to the effective date of this order, to approve, disapprove, grant, deny, or modify the conditions of a parole.

Md. Code Regs. 01.01.2018.06

Effective date: February 9, 2018