Md. Code Regs. 12.12.29.02

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

Section 12.12.29.02 - General

A. Parole, as defined in COMAR 12.12.08.05A, may not be recommended unless approved by the affirmative vote of a quorum of the Board of Review.

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

C. Date Crime was Committed.

(1) The required approval for parole status depends on:

(a) The date that the crime for which an inmate is incarcerated was committed; and

(b) Whether an inmate is serving a life or nonlife sentence.

(2) Inmates Serving Life Sentences. An inmate serving a life sentence may be paroled by the recommendation of the Board of Review and the approval of the Governor.

(3) Inmates Serving Nonlife Sentences. An inmate serving a nonlife sentence 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:

(a) 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;

(b) Shall delete the victim's address and telephone number before examination of a document by the inmate or the inmate's representative;

(c) Shall notify the victim of its decision regarding parole;

(d) Shall notify the police department possessing jurisdiction over the locality in which an inmate's crime was originally committed when an inmate is released on parole;

(e) Shall notify the inmate of its decision regarding placement on parole;

(f) Has the power to revoke, extend, or otherwise modify an inmate's parole;

(g) 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; and

(h) May impose special conditions on paroled inmates.

(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.

Md. Code Regs. 12.12.29.02