Md. Code Regs. 12.12.08.02

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

Section 12.12.08.02 - General

A. Parole may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review, as defined in COMAR 12.12.06.05A.

B. The Board of Review has the exclusive power to recommend an inmate for parole to the Secretary or the Governor.

C. Date Crime Committed.

(1) The required approval for parole status depends on the date that the crime for which an inmate is incarcerated was committed, and whether an inmate is serving a life or nonlife sentence.

(2) Inmates Serving Life Sentences.

(a) If an inmate's crime was committed on or before July 1, 1982, the inmate may be paroled by the approval of the Board of Review.

(b) If an inmate's crime was committed after July 1, 1982 and on or before March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Governor.

(c) If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary and the Governor.

(3) Inmates Serving Nonlife Sentences.

(a) If the inmate's crime was committed on or before March 20, 1989, the inmate may be paroled by the approval of the Board of Review.

(b) If an inmate's crime was committed after March 20, 1989, the inmate may be paroled by the recommendation of the Board of Review and the approval of the Secretary.

D. Victim Comment, Victim Notification, and Police Notification.

(1) The Board of Review shall give the inmate's victim a reasonable opportunity to comment in writing before the Board of Review decides whether to grant parole to the inmate.

(2) The victim may designate, in writing to the Board of Review, the name and address of a representative, who is a resident of the State, to receive notice for the victim that the inmate will be considered for parole.

(3) If the victim cannot be located, the judge holding jurisdiction over the inmate's sentence may be contacted for comment.

(4) The Board of Review shall delete the victim's address and telephone number before examination of any document by the inmate or the inmate's representative.

(5) The Board of Review shall notify the victim of its decision regarding parole.

(6) The Board of Review shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed whenever an inmate has been released on parole.

E. The Board of Review shall notify the inmate of its decision regarding placement on parole.

F. The Board of Review has the power to revoke, extend, or modify an inmate's parole.

G. The Board of Review has the authority to return the paroled inmate to the Institution if the paroled inmate's progress in the community is considered to pose a risk to public safety or pose a risk to the paroled inmate.

H. The Board of Review may impose special conditions on paroled inmates.

Md. Code Regs. 12.12.08.02