Md. Code Regs. 12.08.01.23

Current through Register Vol. 51, No. 11, May 31, 2024

Section 12.08.01.23 - Consideration and Review

A. En Banc Consideration.

(1) The Commission, in its discretion, may delay action relative to parole or revocation of parole at any time during a hearing to permit consideration of the case by the Commission en banc.

(2) A majority of all members then serving on the Commission shall constitute an en banc panel. The members of the panel and no others shall vote relative to parole or revocation. Members may abstain from voting only in the event of conflict of interest. The decision of the Commission shall be the majority vote of all the members serving on the panel.

(3) En banc consideration may be initiated by the administrative order of the Chairman or at the request of any two members of the Commission.

B. Review.

(1) Whenever a parole has been refused or revoked, a written request for a rehearing may be made on behalf of the inmate and shall set forth any new facts, conditions, or circumstances not previously considered by the Commission.

(2) The case shall be referred to the officials participating in the last decisions who, in their discretion, may schedule a rehearing, deny a rehearing, setting forth the details for denial, or schedule the case for en banc consideration.

(3) Any case may be reviewed at the discretion of the Commission at any time upon receipt of new information of significance relative to the possibility of parole.

(4) The participating officials, upon receipt of sufficiently significant information which was not known to them at the time of the parole hearing, in their absolute discretion, may:

(a) Advance, postpone, or deny any parole which has been granted; or

(b) Advance, postpone a scheduled rehearing date, or grant parole in cases where it had previously been denied.

(5) Denial of a granted parole before the inmate's release shall be subject to the following procedure:

(a) Release of the inmate shall be suspended by written notice to the institutional parole agent and to the inmate;

(b) At the next regularly scheduled visit of the Commission to the institution of confinement, a de nova parole hearing shall be conducted and a parole decision rendered.

(6) If the Governor disapproves the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide timely written notice to the inmate, and consider the inmate for parole en banc within 18 months of the date of the Governor's decision.

(7) In accordance with §B(6) of this regulation, the Commission shall recommend the inmate for parole unless the Commission finds good cause to deny the inmate parole.

(8) If the Commission denies an inmate parole under §B(7) of this regulation, the Commission shall set forth its reasoning in its written decision.

(9) When the Governor has disapproved the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, two parole commissioners shall, in accordance with §B(6) of this regulation:

(a) Ensure that the written notice of the decision is hand delivered to the inmate;

(b) Explain the decision to the inmate;

(c) Consider the inmate for an explicit recommendation to a less restrictive security level to the extent a positive adjustment at a less restrictive security level can help demonstrate parole suitability;

(d) Provide guidance about what the inmate can do to improve the likelihood of demonstrating suitability for parole at the next parole hearing, and provide specific recommendations as to programming or treatment, as appropriate; and

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

C. Sentence Imposed under Criminal Law Article, § 14-101, Annotated Code of Maryland.

(1) An inmate sentenced under the provisions of Criminal Law Article, § 14-101, Annotated Code of Maryland, who is at least 65 years old and has served at least 15 years of the sentence imposed may petition for and be granted parole.

(2) The petition shall be in writing and shall be directed to the Chairman.

(3) Upon receipt of the petition the Chairman, by administrative order, shall schedule a consideration of the petition by a panel of two Commissioners.

(4) The panel shall decide whether to grant the petitioner a parole release hearing.

(5) If the panel members fail to agree on granting the petitioner a parole release hearing, the Chairman shall schedule a consideration of the petition by a third member of the Commission. The opinion of the majority shall determine whether the petitioner is granted a parole release hearing.

(6) If the panel does not grant the petitioner a parole release hearing, the petitioner may petition the Commission after 2 years have elapsed from the denial.

(7) If the panel grants the petitioner a parole release hearing, the hearing shall be scheduled and conducted in accordance with Regulations .17-.19 of this chapter.

(8) Parole release hearings conducted under COMAR 12.08.02 shall be open to the public if the victim makes a written request to the Commission for notification when a parole release hearing is scheduled and the victim makes a written request that the parole release hearing be open to the public.

Md. Code Regs. 12.08.01.23

Regulations .23 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 48:19 Md. R. 802, eff. 9/20/2021