Md. Code Regs. 12.08.01.21

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

Section 12.08.01.21 - Release on Parole

A. When feasible, parole plans should be completed and submitted before the parole hearing, as parole is conditioned upon an adequate release plan.

B. Elements in a Release Plan.

(1) Evidence shall be furnished to the Commission that the prospective parolee will be legitimately employed following his release. The employment requirement may be waived by the Commission where circumstances warrant a waiver.

(2) Assurance should be given that necessary aftercare will be available to parolees who are ill or who have any other demonstrated problems in which special treatment may be necessary.

(3) Parolees shall be allowed, in the discretion of the Commission, to return to their homes, or to go elsewhere, upon such terms and conditions as the Commission shall prescribe.

(4) Gradual release may be completed through a community-based treatment facility (i.e. halfway house). The Commission may require this placement as a step in the release process.

(5) Detainers. The policy and practice of the Commission with regard to releasing inmates on parole to meet detainers is as follows:

(a) The status of any detainers lodged against an inmate will be investigated so far as reasonably possible, before the parole hearing and the Public Defender shall be notified and encouraged to assist the inmate in the disposition of the detainer.

(b) The Commission may parole an inmate to meet detainers if the inmate is considered in other respects to meet the parole criteria set forth in Regulation .18.

(c) The Commission will cooperate in making arrangements for concurrent supervision with other jurisdictions when it is feasible and when release on parole appears justified.

(6) An inmate's parole release plan previously approved by the Commission may be altered or changed, providing the changes have been approved by the Commission.

C. Order for Release on Parole.

(1) Before being released on parole, each inmate is required to enter into and execute a written agreement which sets forth the terms and conditions upon which parole was granted, thus evidencing the inmate's acceptance of the terms and conditions.

(2) The conditions of the release contained in the Order shall be valid and shall remain effective regardless of whether the releasee signs the Order, providing a release from confinement occurs as a result of the Order.

(3) The Order shall bear the signature, or facsimile of the signature, of a member of the Commission, and the official seal of the Commission shall be affixed.

D. Conditions of Parole. The following shall be the general conditions of every parole:

(1) Report to your parole agent as directed and follow his instructions;

(2) Work regularly;

(3) Get permission from your parole agent before:

(a) Changing your home,

(b) Changing your job,

(c) Leaving the State;

(4) Obey all laws;

(5) Notify your parole agent immediately if you are arrested;

(6) You may not illegally possess, use, or sell any narcotic drug, controlled dangerous substance, or related paraphernalia;

(7) You may not own, possess, use, sell, or have under your control, any dangerous weapon or firearms of any description without approval of the Parole Commission;

(8) You shall conduct yourself as not to present a danger to yourself or others.

E. Special Terms and Conditions. In addition to the general conditions, the Commission, in its discretion, may impose such special conditions as it deems appropriate to the individual.

F. Modification.

(1) The Commission may from time to time, in its discretion, and upon good cause shown, change or modify the conditions of an individual's parole.

(2) In case of modification, the parolee shall be given opportunity to show cause why a condition should not be changed, added, or modified.

(3) The inmate may request a hearing before not less than two commissioners before the modification, change, or addition.

G. Release of the Inmate.

(1) It is the policy of the Commission that an inmate who has been approved for parole may not remain confined in excess of 30 days from the date of the approval, unless a later date for release is specified by the Commission, or the Commission has granted parole upon the happening of a contingency.

(2) The Commission shall immediately be notified in writing by the institutional parole agent of the name of any person who remains in custody 30 days after his approval for parole, setting forth fully the reasons why the inmate is being so detained.

(3) Cases of failure of release within the 30 day limit shall be dealt with in such manner as the Commission, in its discretion, may deem appropriate considering the circumstances in each individual case.

H. Supervision. All persons under parole supervision shall be automatically abated from further supervision upon the completion of 2 years of uninterrupted crime-free behavior as provided below (subject to the exceptions stated):

(1) It shall be the duty of the parole agent to certify in writing for inclusion in the case file that the parolee has completed 2 years of uninterrupted crime-free behavior on parole and that further supervision is not deemed necessary for the protection of society. Upon the filing of this certificate, the Director of the Division of Parole and Probation may automatically sign and issue an order of abatement of supervision and the case shall then be closed for supervision purposes.

(2) Each parole agent, in lieu of signing a certificate as provided above may in all appropriate cases file a written report directed to the Parole Commission recommending continued supervision and stating reasons for the recommendation. Upon receipt of the recommendation, the Commission shall either order continued supervision or order abatement, as it shall, in its discretion, deem proper.

(3) A parolee, his representative, or the supervising agent may make application to the Commission for abatement of supervision at any time before the completion of 3 years of uninterrupted crime-free behavior on parole. The application shall be made in writing, setting forth the history of the parolee's adjustment to parole supervision and the reasons abatement is requested. The Commission, in its discretion, may issue an abatement from supervision order upon the application.

(4) Abatement of supervision does not release a parolee or mandatory releasee from the jurisdiction of the Commission before the maximum expiration date of the parole. All abatements shall be conditioned upon the parolee or mandatory releasee violating no laws before the maximum expiration date and maintaining conduct so as not to present a danger to self or others. An arrest, charge, or conviction, or improper conduct judged to present a danger to self or others, may result in a retake warrant being issued for the individual as a parole violator.

Md. Code Regs. 12.08.01.21