Md. Code Regs. 12.02.24.06

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.02.24.06 - Case Management Parole Hearing Procedures

A. Pre-Parole Hearing Procedure.

(1) The Commission shall provide each institution with:

(a) A master list of inmates scheduled for parole hearings, 60 days before the date of the earliest hearing on the list; or

(b) A qualified list of inmates scheduled for parole hearings that reflects additions and deletions, 30 days before the date of the first hearing on the list.

(2) Upon receipt of a list of inmates scheduled for a parole hearing, a case management supervisor shall assign a case manager to complete and distribute, at least 20 days before the date of the first hearing, a pre-parole summary for each inmate scheduled.

(3) A case management supervisor shall ensure that:

(a) The inmate's assigned case manager or a designated case manager attends an inmate's parole hearing; and

(b) The inmate's record is available at the parole hearing.

(4) For programming purposes, an inmate may be considered for an early parole hearing if the inmate:

(a) Has a term of confinement that does not exceed 16 years;

(b) Is not presently incarcerated because of parole or mandatory release revocation;

(c) Is not presently incarcerated for violation of probation which resulted from the commission of a new offense; or

(d) Does not have two prior sentences of 6 months or more.

(5) The case manager shall record the case manager's recommendation concerning the inmate's request for an early parole hearing and related rationale on a classification assignment sheet and forward it to the warden for review.

(6) The warden shall conduct those activities as provided under Regulation .04D-F of this chapter.

(7) A warden approving the recommendation for an early parole hearing shall send a written request that includes the rationale for the action to the Commission for approval.

B. Post-Parole Hearing Procedures.

(1) If the parole hearing results in a decision to hold the case for additional information or an administrative refusal, within 30 calendar days the inmate's assigned case manager shall:

(a) Take action to resolve the reason, or reasons, for the decision to hold the case or the administrative refusal; and

(b) Notify the Commission employee conducting the parole hearing that the identified issue or issues has or have been addressed.

(2) Except for cases decided by two or more parole commissioners, the inmate may file a written exception to the decision within 5 days of the final written parole decision.

(3) If an inmate is approved for parole and is subsequently convicted of a Category I, II, or III infraction as determined by the Commissioner of Correction or is reclassified to greater security level, the inmate's case manager shall notify the Commission in writing of the conviction or increase in security level, or both, not later than 5 working days from date of conviction or reclassification, or sooner if parole is imminent.

(4) After receipt of the Division's report under §B(3) of this regulation, the Commission may take action considered appropriate including suspending the decision to approve the parole and scheduling a subsequent hearing to:

(a) Rescind the decision to approve;

(b) Extend the date of parole release; or

(c) Affirm the original decision.

(5) After a parole hearing decision to disapprove an inmate for parole, the inmate's case manager shall:

(a) Counsel the inmate on the effect the parole decision has on the inmate's status and future programming; and

(b) Refer the inmate, based on the inmate's proximity for release, for case management review which may recommend continuing or changing the inmate's assignment, housing, or security or custody levels.

Md. Code Regs. 12.02.24.06