Md. Code Ann., Correct. Servs. § 7-306
Hearing conducted by hearing examiner
Effective Oct 1, 2023Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.State of Maryland
(a)
- (1) The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.
- (2) Each proceeding before a hearing examiner shall be conducted in accordance with this section.
- (b) The Commission shall keep a record of each hearing conducted by a hearing examiner.
- (c) A hearing examiner shall determine if an incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7-305 of this subtitle.
(d)
- (1) At the conclusion of the hearing, the hearing examiner shall inform the incarcerated individual of the hearing examiner's recommendation for parole or denial of parole.
- (2) Within 21 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the incarcerated individual a written report of the hearing examiner's findings and recommendation for parole or denial of parole.
- (3) The Commissioner of Correction or the incarcerated individual may file with the Commission written exceptions to the report of a hearing examiner no later than 5 days after the report is received.
(e)
- (1) Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner.
(2)
- (i) The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission.
- (ii) The Commission or panel shall render a written decision on the appeal.
- (iii) The decision of the Commission or panel is final.
- (3) If an exception is not filed and the Commission does not act on its own initiative within the 5-day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved.
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 41, § 4-508.