Md. Code Regs. 12.08.01.18

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

Section 12.08.01.18 - Consideration for Parole

A. General.

(1) The Commission shall have the exclusive power of parole release. In determining whether a prisoner is suitable for release on parole, the Commission considers:

(a) The circumstances surrounding the crime;

(b) The physical, mental, and moral qualifications of persons who become eligible for parole;

(c) Whether there is reasonable probability that the prisoner, if released on parole, will remain at liberty without violating the laws; and

(d) Whether the release of the prisoner on parole is compatible with the welfare of society.

(2) The Commission also considers the following criteria:

(a) Whether there is substantial risk the individual will not conform to the conditions of parole;

(b) Whether release at the time would depreciate the seriousness of the individual's crime or promote disrespect for the law;

(c) Whether the individual's release would have an adverse affect on institutional discipline;

(d) Whether the individual's continued incarceration will substantially enhance his ability to lead a law abiding life when released at a later date.

(3) When deciding if an inmate serving a life sentence for a crime committed while younger than 18 years old is suitable for parole, the Commission shall consider whether the inmate has adequately demonstrated maturity and rehabilitation since commission of the crime.

(4) In addition to the factors contained in §A(1)-(3) of this regulation, the Commission shall consider the following mitigating factors, to which it affords appropriate weight, in determining whether an inmate who committed a crime as a juvenile is suitable for release on parole:

(a) Age at the time the crime was committed;

(b) The individual's level of maturity and sense of responsibility at the time of the crime was committed;

(c) Whether influence or pressure from other individuals contributed to the commission of the crime;

(d) Whether the prisoner's character developed since the time of the crime in a manner that indicates the prisoner will comply with the conditions of release;

(e) The home environment and family relationships at the time the crime was committed;

(f) The individual's educational background and achievement at the time the crime was committed; and

(g) Other factors or circumstances unique to prisoners who committed crimes at the time the individual was a juvenile that the Commissioner determines to be relevant.

(5) To make these determinations the Commission shall examine:

(a) The inmate's prior criminal and juvenile record and the inmate's response to prior incarceration, parole or probation, or both;

(b) The inmate's behavior and adjustment and the inmate's participation in institutional and self-help programs, including progression to Division of Correction facilities with a less restrictive security classification;

(c) The inmate's vocational, educational, and other training;

(d) The inmate's current attitude toward society, discipline, and other authority, etc.;

(e) The inmate's past use of narcotics, alcohol, or dangerous controlled substances;

(f) Whether the inmate has demonstrated emotional maturity and insight into the inmate's problems;

(g) Any reports or recommendations made by the sentencing judge, the institutional staff, or by a professional consultant such as a physician, psychologist, or psychiatrist;

(h) The inmate's employment plans, occupational skills, and job potential;

(i) The inmate's family status and stability;

(j) The inmate's ability and readiness to assume obligations and undertake responsibilities;

(k) The adequacy of the inmate's parole plan and the availability of resources to assist the inmate;

(l) The circumstances surrounding the crime, which diminish in significance as a consideration after the initial parole hearing; and

(m) Any other factors or information which the Commission may find relevant to the individual inmate's consideration for parole.

(6) The Commission may recommend that an inmate serving a sentence for a crime committed while younger than 18 years old progress to a facility with a less restrictive security classification, as provided in §E(4) of this regulation, and if the inmate:

(a) Has completed all programming and treatment options available at the inmate's current security level;

(b) Would be afforded the opportunity to demonstrate parole suitability if placed in a lower security classification, or would benefit from the privileges, programming, and treatment programs that are available only at a less restrictive security classification; or

(c) Was previously found to be suitable for release by the Commission.

(7) Any risk assessment tool used by the Commission for determining the risk of an inmate shall include dynamic risk factors as a method for assessing risk and shall require the healthcare professional administering the tool to exercise independent clinical judgment in assessing risk.

(8) In deciding whether to recommend parole for an inmate serving a sentence of life imprisonment, the Commission may not consider whether the inmate has successfully completed a period of work release if the inmate has never been eligible for work release.

B. Hearings.

(1) An application for parole is not necessary, and an application need not be made by an inmate or on his behalf.

(2) A record shall be maintained of the mandatory hearing dates, noting on the record the time when each prisoner must receive parole consideration.

(3) The Commission shall conduct hearings at the State penal and correctional institutions and the county jails and detention centers in accordance with a schedule to be determined by the Commission and as required by the laws of the State.

(4) Hearings shall be conducted by a hearing examiner, a commissioner acting as a hearing examiner, or by two or more commissioners in accordance with the appropriate statutory requirements of each case.

C. Procedure.

(1) A parole hearing is actually an interview of the inmate, and attendance shall be restricted to parole personnel and a representative of the institution. On occasions, others may be invited by the Commission to attend, provided their attendance does not impede the prisoner being interviewed. The hearings are private and shall be held in an informal manner, allowing the prisoner the opportunity to give free expression to his views and feelings relating to his case. Formal presentations by an attorney, relatives, and others interested are not permitted at the parole hearings. Attorneys, relatives, and others who are interested in the inmate may discuss the relative merits or other factors of the case with the Commission at its executive offices, any time before or after a parole hearing.

(2) A parole hearing conducted by a parole commissioner or hearing examiner shall be electronically or stenographically recorded to preserve a record for appeal.

(3) Except as provided in §C(4) of this regulation, the recording shall:

(i) Be destroyed 30 days after the hearing unless an appeal has been taken under the provisions of Regulation .19 of this chapter; or

(ii) In cases of appeal, be destroyed upon conclusion of the appeal hearing.

(4) The recording of a parole hearing conducted for an inmate serving a life sentence for a crime committed while younger than 18 years old shall be retained until the conclusion of the inmate's next parole hearing, or until the final disposition of any action seeking judicial review of the Commission's decision, whichever is later.

(5) Absent any unusual circumstances, the inmate's classification counselor shall attend all hearings concerning that inmate.

(6) The classification counselor, or other member of the institutional staff who has knowledge of relevant facts, shall be available to provide new information which may have developed since the completion of the reports provided to the Commission, and to assist in answering questions which may arise concerning institutional policy.

D. Parole Grant.

(1) Release on parole may not be granted unless recommended by a hearing examiner or acting hearing examiner and approved by a parole commissioner, or when required by law, by the affirmative vote of not less than two commissioners.

(2) When concurrence of at least two commissioners is required by law to grant parole, in the event of lack of concurrence, the case shall be continued and heard with a third commissioner present. The opinion of the majority shall represent the decision of the Commission.

E. Decisions.

(1) At the end of a parole interview, the inmate shall be verbally informed of the hearing examiner's recommendation, or of the decision in cases heard by two or more commissioners.

(2) A written copy of the hearing examiner's recommendation and the Commission's action relative to the recommendation, or a written copy of a Commission panel's decision shall be prepared and served upon the prisoner in accordance with Correctional Services Article, §§ 7-306 and 7-307, Annotated Code of Maryland. A copy of the written decision shall be retained in the Commission's file on the prisoner and in the prisoner's institutional base file.

(3) A parole commissioner or hearing examiner issuing a written decision denying parole to an inmate serving a life sentence for a crime committed while younger than 18 years old shall:

(a) Include specific findings as to why the inmate has failed to demonstrate suitability for parole;

(b) Affirm that the Commission, in reaching the decision to deny parole, considered:

(i) The diminished culpability of youth;

(ii) The hallmark features of youth; and

(iii) An individual's capacity for growth and maturation;

(c) State why the Commission has determined that the inmate has not yet demonstrated sufficient maturity and rehabilitation;

(d) To the extent possible, provide guidance to the inmate that may improve the inmate's likelihood of demonstrating suitability at the next parole hearing;

(e) Provide specific recommendations with regard to programming and treatment, as appropriate; and

(f) Notify the inmate of the right to seek judicial review of the decision as permitted by law.

(4) If a parole commissioner or hearing examiner determines that an inmate serving a life sentence for a crime committed while younger than 18 years old is nearing suitability for parole, the Commission shall:

(i) Indicate that determination within the inmate's parole decision; and

(ii) Recommend that the inmate be transferred to a facility with a less restrictive security classification.

(5) If the Commission's decision is to rehear the inmate's case at a later date and if the parole rehearing is open to the public under COMAR 12.08.02, the rehearing may be held up to 90 days later than the rehearing date specified in the decision.

(6) Information shall be disclosed to the inmate in accordance with Regulation .17C(5) of this chapter.

(7) If the Commission requires additional information, it may defer issuing a decision pending receipt of the information and, upon receipt of the information, shall promptly:

(a) Render and serve a final decision; or

(b) Conduct another interview with the inmate before making a final decision.

(8) If the Commission decides not to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide a copy of the decision to the inmate within 18 months of the parole hearing.

(9) If the Commission decides to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall forward the recommendation to the Governor within 12 months of the parole hearing.

(10) For an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide the inmate with timely written notice of the inmate's status in the parole process when:

(a) A risk assessment has been ordered;

(b) A risk assessment has been received;

(c) The case will be considered en banc; and

(d) The case has been forwarded to the Governor with a recommendation for parole.

(11) Upon request from the inmate or the inmate's representative, the Commission shall disclose to the inmate or the inmate's representative the inmate's current status in the parole process.

(12) The Commission may neither permanently refuse parole to an inmate serving a life sentence for a crime committed while younger than 18 years old, nor schedule any rehearing in excess of 10 years from the date of the previous hearing.

F. Effective Date of Parole.

(1) A decision to parole does not become effective for release of the inmate until the parole order is presented and accepted by him. An inmate shall be released on parole as soon as practicable after a favorable decision unless:

(a) The Commission has specified a deferred release date; or

(b) The investigation of the community plan of the individual indicates that he would be without means of support, is likely to be unemployed upon his release, or is without a satisfactory home plan.

(2) A prisoner may not be released from confinement without an approved parole plan.

G. Special Conditions for Release. The Commission may, when it deems it necessary for the safety and welfare of the individual or the safety of the public, impose reasonable special conditions to be complied with before release on parole or from time to time during the period of parole supervision. These conditions shall be such that compliance can be accomplished by the exercise of reasonable effort by the parolee.

H. Institutional Behavior Following Favorable Parole Action.

(1) When an effective date for release has been set by the Commission, release on that date is conditioned upon the continuance of good prison conduct. In those cases where the inmate's behavior is such that a re-evaluation of a previously established parole date should be made, it shall be the responsibility of the warden or superintendent of the institution of confinement to promptly provide the Commission with details of this behavior.

(2) Upon receipt of the information, the Commission may take such action as it deems appropriate under the circumstances including suspending release and rescheduling the inmate for an interview, after which the Commission may either cancel the parole order, delay the inmate's release, or grant the parole.

I. Early Initial Hearings.

(1) The Commission may, in its discretion, grant early initial parole hearings before the mandatory hearing date.

(2) The sentencing judge, the prosecuting attorney, or the inmate may write to the Commission requesting early parole hearings, setting forth the reasons for the request.

(3) Institutional personnel, over the signature of the warden or superintendent, or both, may write the Commission and request an early hearing, setting forth the reasons for the request.

(4) Wardens or superintendents, or both, may make recommendations for early parole hearings.

(5) The Commission may adopt a policy for uniform scheduling of hearings in advance of the mandatory date in accordance with such specific plan as it may from time to time establish.

(6) Considerations of the Commission for early hearings are:

(a) The inmate's prior criminal record;

(b) The nature and circumstances of the crime;

(c) The length of the sentence;

(d) The amount of time served and the inmate's institutional adjustment;

(e) The date of the inmate's regularly scheduled hearing;

(f) The reasons set forth in the request for an early hearing;

(g) Adjustment to prior parole or probation supervision.

(7) Authority to grant early initial hearings lies solely within the discretion of the Commission and cannot be delegated. Unless a uniform policy for advancing parole hearings has been adopted by the Commission, a hearing may not be advanced in individual cases except by a majority vote of those commissioners considering the question, and in any event, by at least three commissioners. An order to advance the hearing shall be in writing and included in the case file.

Md. Code Regs. 12.08.01.18

Regulations .18 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