Md. Code Regs. 12.08.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 12.08.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Chairman" means the Chairman of the Maryland Parole Commission or a designee.

(2) "Commission" means the Maryland Parole Commission.

(3) "Commissioner" means the Commissioner of Correction or a designee.

(4) "Designated family member" means a relative of a deceased victim who has been designated by the other relatives of the victim to act on their behalf with regard to notification of parole release hearings and requests for an open parole release hearing.

(5) "General public" means a party 18 years old or older interested in an open parole release hearing who is not the victim or the victim's companion.

(6) "Hearing official" means a panel of two or more Parole Commission members, an individual Parole Commission member, or a Parole Commission hearing examiner.

(7) "Open parole release hearing date" means the date on which a parole-eligible inmate who is incarcerated for a violent crime will receive a parole release hearing that is open to the general public.

(8) "Regional open hearing center" means a Division of Correction institution, designated by the Commissioner of Correction, where open parole release hearings will be conducted.

(9) "Tentative parole release hearing date" means the date on which a parole-eligible inmate who is incarcerated for a violent crime is likely to receive either an initial parole release hearing, or a parole release rehearing under Correctional Services Article, §§ 7-301 and 7-302, Annotated Code of Maryland.

(10) "Victim" means:

(a) An individual who suffers personal harm or death as a direct result of a crime;

(b) If the victim is deceased, a designated family member of the victim; or

(c) If the victim is less than 18 years old, the parent or legal guardian of the individual who suffers personal harm or death as a direct result of a crime.

(11) "Victim's companion" means a person 18 years old or older who has been selected by the victim to accompany the victim to an open parole release hearing.

(12) Violent Crime.

(a) "Violent crime" means, for offenses committed before October 1, 1994, the commission of, or attempt to commit, any of the following offenses:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Burglary, including any common law or statutory form;

(iv) Carjacking or armed carjacking;

(v) Child abuse;

(vi) Escape;

(vii) Housebreaking;

(viii) Kidnapping;

(ix) Manslaughter other than involuntary manslaughter;

(x) Mayhem;

(xi) Murder;

(xii) Rape;

(xiii) Robbery, including robbery with a deadly weapon;

(xiv) Assault with intent to commit any of these crimes; or

(xv) Use of a handgun or other deadly weapon in the commission of, or attempt to commit, any crime.

(b) "Violent crime" means, for offenses committed on or after October 1, 1994, the commission of any of the following offenses:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Assault with intent to murder;

(iv) Assault with intent to rape;

(v) Assault with intent to rob;

(vi) Assault with intent to commit a sexual offense in the first degree;

(vii) Assault with intent to commit a sexual offense in the second degree;

(viii) Burglary in the first, second, or third degree;

(ix) Carjacking or armed carjacking;

(x) Child abuse;

(xi) Kidnapping;

(xii) Manslaughter, except involuntary manslaughter;

(xiii) Mayhem and maiming under Article 27, §§ 384, 385, and 386, Annotated Code of Maryland;

(xiv) Murder;

(xv) Rape;

(xvi) Robbery;

(xvii) Robbery with a deadly weapon;

(xviii) Sexual offense in the first degree;

(xix) Sexual offense in the second degree;

(xx) Use of a handgun in the commission of a felony or other crime of violence; or

(xxi) An attempt to commit any of the aforesaid offenses.

Md. Code Regs. 12.08.02.02

Regulations .02 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)