Md. Code Regs. 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.