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Statutes Text

Article - Correctional Services




§7–301.

    (a)    (1)    Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for inmates in a local correctional facility and the Division of Correction make an investigation for inmates in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an inmate who:

            (i)    has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and

            (ii)    has served in confinement one–fourth of the inmate’s aggregate sentence.

        (2)    Except as provided in paragraph (3) of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an inmate is not eligible for parole until the inmate has served in confinement one–fourth of the inmate’s aggregate sentence.

        (3)    An inmate may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an inmate’s expected or newborn child if the inmate:

            (i)    is not serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article;

            (ii)    is not serving a sentence for a violation of Title 3, Subtitle 6, § 5–608(d), § 5–609(d), § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; and

            (iii)    has been determined to be amenable to treatment.

        (4)    The Division of Parole and Probation shall complete and submit to the Commission each investigation of an inmate in a local correctional facility required under paragraph (1) of this subsection within 60 days of commitment.

    (b)    Except as provided in subsection (c) of this section, if an inmate has been sentenced to a term of imprisonment during which the inmate is eligible for parole and a term of imprisonment during which the inmate is not eligible for parole, the inmate is not eligible for parole consideration under subsection (a) of this section until the inmate has served the greater of:

        (1)    one–fourth of the inmate’s aggregate sentence; or

        (2)    a period equal to the term during which the inmate is not eligible for parole.

    (c)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, an inmate who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the inmate has served the greater of:

                1.    one–half of the inmate’s aggregate sentence for violent crimes; or

                2.    one–fourth of the inmate’s total aggregate sentence.

            (ii)    An inmate who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the inmate is eligible for parole and a term during which the inmate is not eligible for parole, is not eligible for parole until the inmate has served the greater of:

                1.    one–half of the inmate’s aggregate sentence for violent crimes;

                2.    one–fourth of the inmate’s total aggregate sentence; or

                3.    a period equal to the term during which the inmate is not eligible for parole.

        (2)    An inmate who is serving a term of imprisonment for a violent crime committed on or after October 1, 1994, shall receive an administrative review of the inmate’s progress in the correctional facility after the inmate has served the greater of:

            (i)    one–fourth of the inmate’s aggregate sentence; or

            (ii)    if the inmate is serving a term of imprisonment that includes a mandatory term during which the inmate is not eligible for parole, a period equal to the term during which the inmate is not eligible for parole.

    (d)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, an inmate who has been sentenced to life imprisonment is not eligible for parole consideration until the inmate has served 15 years or the equivalent of 15 years considering the allowances for diminution of the inmate’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

        (2)    An inmate who has been sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the inmate has served 25 years or the equivalent of 25 years considering the allowances for diminution of the inmate’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

        (3)    (i)    If an inmate has been sentenced to imprisonment for life without the possibility of parole under § 2–203 or § 2–304 of the Criminal Law Article, the inmate is not eligible for parole consideration and may not be granted parole at any time during the inmate’s sentence.

            (ii)    This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7–601 of this title.

        (4)    Subject to paragraph (5) of this subsection, if eligible for parole under this subsection, an inmate serving a term of life imprisonment may only be paroled with the approval of the Governor.

        (5)    (i)    If the Commission decides to grant parole to an inmate sentenced to life imprisonment who has served 25 years without application of diminution of confinement credits, the decision shall be transmitted to the Governor.

            (ii)    The Governor may disapprove the decision by written transmittal to the Commission.

            (iii)    If the Governor does not disapprove the decision within 180 days after receipt, the decision becomes effective.

    (e)    An inmate who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the inmate has served in confinement one–half of the inmate’s aggregate sentence.