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§ 7-303. Notice to incarcerated individual

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 7. Parole, Release on Mandatory Supervision, and Executive Clemency (Refs & Annos)
Subtitle 3. Eligibility for Parole; Parole Hearings
Effective: October 1, 2023
MD Code, Correctional Services, § 7-303
§ 7-303. Notice to incarcerated individual
Currentness
(a) Before any hearing on parole release, the Commission shall give the incarcerated individual adequate and timely written notice of:
(1) the date, time, and place of the hearing; and
(2) the factors that the Commission or hearing examiner will consider in determining whether the incarcerated individual is suitable for parole.
(b)(1)(i) Except as provided in subparagraph (ii) of this paragraph, the notice also shall indicate that, before the hearing, the incarcerated individual or the incarcerated individual's representative may, on request, examine any document that the Commission or hearing examiner will use in determining whether the incarcerated individual is suitable for parole.
(ii) A document, or a portion of it, is not available for examination, if the Commission determines that:
1. the document or portion contains a diagnostic opinion;
2. the incarcerated individual's knowledge of the document or portion would disrupt seriously a program of rehabilitation;
3. the document or portion contains sources of information obtained on a promise of confidentiality; or
4. the document or portion is otherwise privileged.
(iii) If the Commission determines that a document or a portion of it is not available for examination, the Commission shall notify the incarcerated individual that:
1. the document or portion is not available for examination; and
2. on request and if appropriate, the Commission will provide the incarcerated individual or the incarcerated individual's representative with the substance of any information contained in the document or portion.
(2) The Commission shall delete the address and phone number of the victim or the victim's designated representative from a document before the incarcerated individual or the incarcerated individual's representative examines the document.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 41, § 4-505.
MD Code, Correctional Services, § 7-303, MD CORR SERV § 7-303
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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