(a)(1) In this section the following words have the meanings indicated.
(2) “Technical violation” has the meaning stated in § 6-101 of this article.
(3) “Term of confinement” has the meaning stated in § 3-701 of this article.
(b)(1) Subject to paragraph (3) of this subsection, the commissioner presiding at an individual's mandatory supervision revocation hearing may revoke diminution credits previously earned by the individual on the individual's term of confinement in accordance with the following schedule:
(i) not more than 15 days for a first technical violation;
(ii) not more than 30 days for a second technical violation;
(iii) not more than 45 days for a third technical violation; and
(iv) up to all remaining days for a fourth or subsequent technical violation or a violation that is not a technical violation.
(2) Nothing in this section affects the prohibition against the application of diminution credits under § 7-502 of this subtitle to the term of confinement of an incarcerated individual convicted and sentenced to imprisonment for a crime committed while on mandatory supervision.
(3)(i) There is a rebuttable presumption that the limits on the revocation of diminution credits for a technical violation established in paragraph (1) of this subsection are applicable.
(ii) The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the revocation of diminution credits established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:
1. the nature of the mandatory supervision violation;
2. the facts and circumstances of the crime for which the incarcerated individual was convicted; and
3. the incarcerated individual's history.
(iii) On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:
1. direct that a greater number of diminution credits be revoked than provided in paragraph (1) of this subsection; or
2. commit the incarcerated individual to the Maryland Department of Health for treatment under § 8-507 of the Health--General Article.
(iv) A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Title 12, Subtitle 4 of the Courts Article.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2002, c. 485, § 1, eff. June 1, 2002; Acts 2002, c. 486, § 1, eff. June 1, 2002; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2017, c. 62, §§ 2 and 6, eff. Oct. 1, 2017; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
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.
