§ 7-205

Maryland § 7-205

• Jurisdiction: Maryland
• Article gcs: Correctional Services
• Title: 7

Text

(a) The Commission has the exclusive power to:

(1) authorize the parole of an individual sentenced under the laws of the State to any correctional facility in the State;

(2) negotiate, enter into, and sign predetermined parole release agreements as provided under subsection (b) of this section;

(3) hear cases for parole or administrative release in which:

(i) the Commissioner of Correction, after reviewing the recommendation of the appropriate managing official, objects to a parole;

(ii) the incarcerated individual was convicted of a homicide;

(iii) the incarcerated individual is serving a sentence of life imprisonment;

(iv) the parole hearing is open to the public under § 7–304 of this title;

(v) the incarcerated individual fails to meet the requirements of the administrative release process established under § 7–301.1 of this title;

(vi) a victim requests a hearing as provided under § 7–301.1 of this title; or

(vii) the Commission finds that a hearing for administrative release is necessary under § 7–301.1 of this title;

(4) hear exceptions to recommendations of a hearing examiner or a commissioner acting as a hearing examiner;

(5) review summarily all recommendations of a hearing examiner or a commissioner acting as a hearing examiner to which an exception has not been filed;

(6) hear a case for parole in absentia when an individual who was sentenced in this State to serve a term of imprisonment is in a correctional facility of a jurisdiction other than this State;

(7) hear cases of parole revocation;

(8) if delegated by the Governor, hear cases involving an alleged violation of a conditional pardon; and

(9) determine conditions for administrative release under § 7–301.1 of this title.

(b) (1) (i) The Commission may negotiate, enter into, and sign a predetermined parole release agreement with the Commissioner of Correction and an incarcerated individual under the jurisdiction of the Commission.

(ii) The agreement may provide for the release of the incarcerated individual on parole at a predetermined time if, during the incarcerated individual’s term of confinement, the incarcerated individual participates in the programs designated by the Commission and fulfills any other conditions specified in the agreement.

(2) This subsection does not affect any diminution of an incarcerated individual’s term of confinement awarded under Title 3, Subtitle 7 and §§ 9–506 and 9–513 of this article or an incarcerated individual’s eligibility for administrative release under § 7–301.1 of this title.

(c) Each commissioner has visitorial powers over any correctional facility in which an individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.

(d) As necessary to carry out its duties, the Commission may:

(1) issue subpoenas requiring the attendance and testimony of witnesses;

(2) administer oaths; and

(3) examine witnesses under oath, including any incarcerated individual who is confined in a correctional facility operated by the State or by a county or municipal corporation of the State.

(e) (1) A person who is personally served with a subpoena and who fails to appear or refuses to testify before the Commission is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.

(2) The fine imposed under paragraph (1) of this subsection shall be paid into the General Fund of the State.

(f) A witness who makes a false statement relating to a matter that is material to the Commission’s inquiry while testifying before the Commission is guilty of perjury and on conviction is subject to the penalty of § 9–101 of the Criminal Law Article.