Md. Code Regs. 12.12.29.07

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

Section 12.12.29.07 - Granting of Parole

A. Agreement.

(1) Before starting a parole program, the inmate shall sign an agreement that affirms the inmate's understanding of the regulations governing parole set forth in this regulation. This agreement includes the conditions in §A(2) and (3) of this regulation.

(2) General Conditions.

(a) The parolee may not go outside the limits of the State without the written permission of the Board of Review.

(b) The parolee shall promptly report to the Patuxent Institution, or wherever and whenever an authorized representative may direct.

(c) The parolee may not commit an act which would be a violation of federal or State law, or local ordinance, and shall conform to rules of conduct imposed by the Patuxent Institution or an authorized representative.

(d) The parolee shall make reasonable effort to be gainfully employed or otherwise occupied as directed by the Board of Review.

(e) The parolee may not change place of residence or employment without first obtaining the permission of the Patuxent Institution or an authorized representative.

(f) The parolee may not own, possess, use, sell, or have under control a firearm or weapon of any description, including a device which resembles and is used as a weapon.

(g) The parolee may not enter into a contract to engage in business, borrow money, enter into an installment contract, incur a debt, or acquire ownership of a motor vehicle without first obtaining permission from the Board of Review.

(h) The parolee may not unlawfully possess, use, buy, sell, or have under control a narcotic drug, controlled dangerous substance, or related paraphernalia.

(i) A parolee, when seen, shall present proof, which shall be verified and documented, that the parolee is maintaining steady employment, attending substance abuse group meetings if appropriate, and living at a specified address.

(j) A parolee shall give a random urine specimen as required by the parolee's supervisor.

(k) A parolee shall discuss the problems or the progress that the parolee is having in the community and the types of relationships that the parolee may be establishing.

(l) A parolee may be subject to a search for contraband by the parole supervisor during the parolee's visit.

(m) A parolee shall cooperate with job checks and home visits conducted by the parole supervisor.

(n) A parolee on an Interstate Corrections Compact Agreement or paroled to meet a detainer shall be monitored at least yearly by a designated employee of the Institution.

(o) A parolee shall be employed or enrolled in school and have a legitimate means of financial support.

(p) If unemployed or unemployable, the parolee shall have a legitimate means of financial support while on parole.

(q) When paroled, an inmate shall receive all current funds in the inmate's active and reserve accounts which have been maintained at Patuxent Institution.

(r) If paroled from work release, an inmate shall receive 100 percent of the inmate's work release account upon being paroled, less the deductions specified in COMAR 12.12.10.09B.

(s) A parolee shall be counseled concerning the benefits of establishing savings accounts at financial institutions in the community.

(t) A parolee who needs financial assistance shall be referred to appropriate community agencies and assisted in the application processes of the community agencies by a parole supervisor.

(3) Special Conditions. Special conditions may be imposed by the Institutional Board of Review as appropriate.

B. COMAR 12.12.10.06F(1) -----(11) also applies to parolees.

C. An inmate may not be released on parole until the order of parole is presented and acknowledged by the inmate's signature. An inmate shall be released on parole as soon as practical after a favorable decision, unless:

(1) The Board of Review has specified a deferred release date;

(2) The investigation of the community resources of the inmate to be paroled indicates that the parolee is:

(a) Likely to be unemployed upon release, or

(b) Without a satisfactory home plan; or

(3) The parole plan has not been approved by the Board of Review as specified in Regulation .08 of this chapter.

D. An inmate may not be released under the order for parole when the Director is made aware of a fact or circumstance after Board consideration of which the Board was unaware. Under this circumstance, the Board shall reconsider the decision to parole as soon as possible.

E. The order of parole shall bear the signature of a member of the Board of Review, attested to by another Board member, and the official seal of the Board of Review.

F. The Board of Review may, for the safety and welfare of the inmate on parole and for the safety of the public, impose reasonable special conditions to be complied with before release on parole.

G. Parole is a privilege and not a right, and may be revoked under COMAR 12.12.08.05A.

Md. Code Regs. 12.12.29.07