Md. Code Regs. 12.12.12.03

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

Section 12.12.12.03 - Parole Revocation

A. Warrants. It shall be the duty of the reentry facility supervising staff member to make application to the Warden for a warrant of parole violation, in every case when there is reasonable suspicion to believe that the paroled inmate is a violator.

B. Preliminary Hearings.

(1) An alleged parole violator shall receive a preliminary hearing before a hearing examiner upon return to the Institution. The purpose of the preliminary hearing is to determine whether probable cause exists to believe that the paroled inmate violated parole and to determine the disposition of the paroled inmate pending a formal parole revocation hearing before the Board of Review.

(2) An alleged parole violator shall have the following rights at a preliminary parole revocation hearing:

(a) The right to call witnesses on the paroled inmate's behalf;

(b) The right to present documentary evidence on the paroled inmate's behalf;

(c) The right to question adverse witnesses;

(d) The right to remain silent regarding any untried criminal charge; and

(e) The right to request a postponement of the preliminary hearing for good cause.

(3) The impartial hearing examiner shall be an employee of the Institution who has not been involved with the supervision of the alleged parole violator.

(4) Findings.

(a) If the hearing examiner finds no probable cause to believe that the alleged parole violator violated the parole agreement, the hearing examiner shall order that the paroled inmate be released on parole status.

(b) If the hearing examiner finds that probable cause does exist to believe that the alleged parole violator violated parole, the paroled inmate shall be confined to the Institution pending a formal parole revocation hearing before the Board of Review.

C. Revocation Hearings.

(1) A quorum of the Board of Review, as defined in COMAR 12.12.06.05A, is authorized to conduct these hearings.

(2) Scheduling.

(a) A parole revocation hearing shall be held within 90 days of the conclusion of the preliminary hearing.

(b) The Board of Review may, for good cause shown, postpone a parole revocation hearing.

(3) A paroled inmate is entitled to counsel of his or her choice.

(4) The parole supervisor shall be present at the hearing to report on the activities of the paroled inmate and the circumstances of the alleged violation.

(5) A paroled inmate shall have the same rights as listed in § B(2) of this regulation, and shall be given written notice of the hearing a minimum of 1 week in advance. The written notice shall advise the paroled inmate of the facts and circumstances constituting the alleged violation or violations.

(6) Burden of Proof.

(a) The Board of Review shall assure that all decisions are based upon a preponderance of the evidence.

(b) The Institution shall bear the burden of proof.

(7) Findings.

(a) The Board of Review shall provide an inmate with a written statement of the evidence relied on and the reasons for revoking or not revoking parole.

(b) If the Board of Review finds that no violation occurred, the paroled inmate shall be returned to parole status.

(c) If the Board of Review finds that a violation has in fact occurred, the Board of Review may take whatever action it considers appropriate consistent with Correctional Services Article, Title 4, Subtitle 3, Annotated Code of Maryland, and COMAR 12.12.09.06A.

(8) All parole revocation hearings shall be recorded.

Md. Code Regs. 12.12.12.03