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Maryland Manual, 1981-82
Volume 180, Page 262   View pdf image (33K)
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262/Maryland Manual

and Correctional Services designates the chair-
person of the Commission.

The Commission utilizes hearing examiners to
hear certain cases for parole release. The Com-
mission itself has the exclusive power to hear cer-
tain serious cases for parole release and has the
exclusive power to conduct hearings for revoca-
tion of parole. The jurisdiction of the Commis-
sion extends to persons sentenced under the laws
of this State to any penal or correctional institu-
tion, including local jails and detention centers. It
has the power to issue warrants for the return to
custody of alleged violators of parole and to sus-
pend or revoke parole upon a showing of a viola-
tion of the conditions thereof.

Decisions of its hearing examiners, if concurred
in by the Commission on summary review, be-
come final. A final decision of the hearing exam-
iner may be appealed to a panel of Commission
members for review upon the record. The deci-
sion of the appeal panel is final.

The Commission must provide a parole inter-
view for every inmate at no later than one-fourth
of the sentence. Such hearings are conducted at
every penal and correctional institution not less
than monthly, and at jails and other places of pe-
nal confinement or detention in the State as often
as may be required to provide the hearing man-
dated at the completion of one-fourth of the total
sentence. The Commission is also charged with
the duty of evaluating information on the activity
of parolees as reported to it by the Division of
Parole and Probation. In addition, it causes inves-
tigations to be made by the Division of Parole
and Probation and holds hearings for the purpose
of making recommendations to the Governor for
his granting of pardons, commutations of sen-
tences, and parole of persons sentenced to life im-
prisonment. The Commission is also authorized
to negotiate and execute tri-party contracts for
the release on parole of an inmate at a predeter-
mined future date, conditioned upon the fulfill-
ment of the conditions specified in the agreement.
The signatories to such mutual agreements are
the Parole Commission, the Commissioner of
Correction, and the inmate (Code 1957, Art. 41,
secs. 107-117).


Dr. Norma B. Gluckstem, Director

Ralph W. Packard, Associate Director-

John J. Murry, Associate Director-Behavioral

Dr. Michael J. Bisco, M.D., Associate Director-

Jessup 20794 Telephone: 799-3400

Patuxent Institution was first authorized by
Chapter 476, Acts of 1951, and was charged with
the responsibility for the confinement and treat-
ment, when appropriate, of adult criminal offend-
ers classified as defective delinquents under Arti-
cle 31 B of the Maryland Code. A defective delin-
quent was defined as "an individual who by the
demonstration of persistent aggravated antisocial
or criminal behavior, evidences a propensity to-
ward criminal activity, and who is found to have
either such intellectual deficiency or emotional
unbalance, or both, as to clearly demonstrate an
actual danger to society so as to require such
confinement and treatment, when appropriate, as
may make it reasonably safe for society to termi-
nate the confinement and treatment." It was also
charged with the confinement and diagnosis of of-
fenders referred to the Institution by the courts
for determination of their condition under that
statute. The Institution conducted a thorough
psychiatric evaluation of each offender so referred
and rendered a formal opinion to the court of ju-
risdiction. If the Institution recommended against
commitment, the court returned the offender to
the Division of Correction where he continued to
serve his original criminal sentence. If the Institu-
tion recommended that the offender be confined
at the Institution, the court promptly provided a
hearing, sitting as a court or with a jury, and
found by a special verdict whether or not the of-
fender was a defective delinquent as defined in
Article 3 IB. Commitment as a defective delin-
quent under Article 31 B was for an indeterminate
period subject to the order of the Institutional
Board of Review or the courts.

The Institution was formally opened on Janu-
ary 3, 1955, under the administrative control of
the Department of Correction. By Chapter 629,
Acts of 1961, the Institution became an autono-
mous agency under the control of the Board of
Patuxent Institution. By Chapter 401, Acts of
1970, the Institution became a part of the De-
partment of Public Safety and Correctional Ser-
vices, retaining its status as an institution sepa-
rate from the Division of Correction and re-
taining its Board of Patuxent Institution.

By Chapter 678, Acts of 1977, the General
Assembly repealed the original Article 31 B enti-
tled Defective Delinquents and enacted a totally


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Maryland Manual, 1981-82
Volume 180, Page 262   View pdf image (33K)
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