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Session Laws, 1988
Volume 770, Page 5226   View pdf image
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VETOES

shall consider the updated victim impact statement OR
RECOMMENDATION at the parole release hearing.

(vi) The victim may designate, in writing to
the Commission, the name and address of a representative who is a
resident of this State to receive notice for the victim.

[(2)] (3) The Commission shall promptly notify the
victim or the victim's designated representative of the decision
of the Commission regarding parole for the inmate convicted of
the violent crime.

(E) (1) IN CASES WHERE A DEFENDANT IS SENTENCED TO THE
DIVISION OF CORRECTION, IF THE SENTENCING JUDGE MAKES A WRITTEN
REQUEST, AT THE TIME OF SENTENCING, FOR NOTIFICATION, THE
COMMISSION, AT LEAST 90 DAYS BEFORE THE PAROLE RELEASE HEARING,
SHALL NOTIFY THE SENTENCING JUDGE IN WRITING THAT A PAROLE
RELEASE HEARING IS SCHEDULED FOR THE INMATE.

(2)  THE COMMISSION SHALL MAKE ANY RECOMMENDATION MADE
BY THE SENTENCING JUDGE AT THE TIME OF SENTENCING AVAILABLE FOR
THE INMATE'S REVIEW UNDER § 4-505 OF THIS SUBTITLE.

(3)  IF THE SENTENCING JUDGE HAS MADE A WRITTEN
REQUEST FOR NOTIFICATION UNDER THIS SUBSECTION, THE COMMISSION
SHALL PROMPTLY NOTIFY THE SENTENCING JUDGE OF THE COMMISSION'S
FINAL DECISION REGARDING PAROLE FOR THE INMATE.

4-505.

(a) Before any hearing on parole release, the Commission
shall give to the inmate adequate and timely written notice of
the date, time, and place of the hearing and of the factors that
the Commission or hearing examiner will consider in the
determination.

(b)  (1) The notice also shall indicate that, before the
hearing, the [prisoner] INMATE or his representative shall be
allowed, on request, to examine any document that the Commission
or hearing examiner will use in making the determination.
However, if the Commission determines that any portion of the
document is a diagnostic opinion or that the document, if made
known to the inmate, would disrupt seriously a program of
rehabilitation, contains sources of information obtained on a
promise of confidentiality, or is otherwise privileged, the
Commission shall notify the inmate that the document, or any
portion of it, is not available for examination and, on request
and if appropriate, shall provide the inmate or his
representative with the substance of any information contained in
the document.

(2) THE COMMISSION SHALL DELETE THE VICTIM'S OR THE
VICTIM'S DESIGNATED REPRESENTATIVE'S ADDRESS AND PHONE NUMBER

- 5226 -

 

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Session Laws, 1988
Volume 770, Page 5226   View pdf image
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