§ 7-301. Eligibility for parole
West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Correctional Services, § 7-301
§ 7-301. Eligibility for parole
(a)(1) Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for incarcerated individuals in a local correctional facility and the Division of Correction make an investigation for incarcerated individuals in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an incarcerated individual who:
(2) Except as provided in paragraph (3) of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an incarcerated individual is not eligible for parole until the incarcerated individual has served in confinement one-fourth of the incarcerated individual's aggregate sentence.
(3) An incarcerated individual may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an incarcerated individual's expected or newborn child if the incarcerated individual:
(b) Except as provided in subsection (c) of this section, if an incarcerated individual has been sentenced to a term of imprisonment during which the incarcerated individual is eligible for parole and a term of imprisonment during which the incarcerated individual is not eligible for parole, the incarcerated individual is not eligible for parole consideration under subsection (a) of this section until the incarcerated individual has served the greater of:
(c)(1)(i) Except as provided in subparagraph (ii) of this paragraph, an incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the incarcerated individual has served the greater of:
(ii) An incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the incarcerated individual is eligible for parole and a term during which the incarcerated individual is not eligible for parole, is not eligible for parole until the incarcerated individual has served the greater of:
(i) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years considering the allowances for diminution of the incarcerated individual's term of confinement under § 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and
(ii) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years considering the allowances for diminution of the incarcerated individual's term of confinement under § 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
(2) An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former § 2-303 or § 2-304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years considering the allowances for diminution of the incarcerated individual's term of confinement under § 6-218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
(3)(i) If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under § 2-203 or § 2-304 of the Criminal Law Article, the incarcerated individual is not eligible for parole consideration and may not be granted parole at any time during the incarcerated individual's sentence.
(e) An incarcerated individual who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the incarcerated individual has served in confinement one-half of the incarcerated individual's aggregate sentence.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004; Acts 2007, c. 91, § 1, eff. Oct. 1, 2007; Acts 2009, c. 583, § 1, eff. Oct. 1, 2009; Acts 2009, c. 584, § 1, eff. Oct. 1, 2009; Acts 2011, c. 361, § 1, eff. Oct. 1, 2011; Acts 2011, c. 623, § 1, eff. Oct. 1, 2011; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2021, 1st Sp. Sess., c. 30, § 1, eff. Jan. 6, 2022; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Correctional Services, § 7-301, MD CORR SERV § 7-301
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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