Decisions of Commission hearing examiners, if
concurred with by the Commission on summary
review, become final. A final decision of the hearing
examiner may be appealed to a panel of Commis-
sion members for review upon the record. The
decision of the appeal panel is final.

On its own initiative, the Commission must ask
the Division of Parole and Probation to make inves-
tigations that aid the Commission in determining
the advisability of granting parole. The Commission
evaluates information from the Division of Parole
and Probation on the behavior of parolees. In addi-
tion, the Commission directs the Division of Parole
and Probation to conduct investigations from
which recommendations are made to the Governor
on pardons, commutations of sentences, and parole
of persons sentenced to life imprisonment.

The Commission also is authorized to negotiate
and execute tri-pany contracts for the release on
parole of an inmate at a predetermined future date,
conditioned upon the fulfillment of the conditions
specified in the contract. Signatories to such mutual
agreements are the Maryland Parole Commission,
the Commissioner of Correction, and the inmate.

The Commission is composed of seven mem-
bers. All are appointed for six-year terms by the
Secretary of Public Safety and Correctional Services
with the approval of the Governor and Senate
advice and consent. Each member must be a State
resident with training and experience in law, sociol-
ogy, psychology, psychiatry, education, social work,
or criminology. With the approval of the Governor,
the Secretary of Public Safety and Correctional
Services designates the chairperson (Code 1957,
Art. 41, secs. 4-501 through 4-512).

DIVISION OF PAROLE AND
PROBATION

Donald Atkinson, HAD., Acting Director
Vacancy, Executive Assistant Director

6776 Reisterstown Rd., Suite 305
Baltimore, MD 21215 764-4274

The Division of Parole and Probation was con-
stituted in 1939 to administer State parole and
probation laws (Chapter 406, Acts of 1939). In
1953, the Division was renamed the Department of
Parole and Probation (Chapter 653, Acts of 1953).
The Department was reorganized in 1968 with the
creation of a Division of Parole and Probation sep-
arate from the Board of Parole (Chapter 457, Acts
of 1968). In 1970, the Division adopted its present
name (Chapter 401, Acts of 1970).

The Division supervises the conduct of parolees
and adult probationers. It regularly informs the
Maryland Parole Commission of parolees' activities

Department of Public Safety & Correctional Services/385

and notifies the District or Circuit Courts of
probationers' activities. At its discretion, the Divi-
sion recommends that the Commission issue war-
rants to retake parolees charged with violation of
parole. Warrants also are requested from the courts
to apprehend probationers charged with violating
conditions of their probation.

The Division uses a case management system to
classify offenders based upon the risk of their con-
tinued criminal activity and need for services. For
parolees and probationers, the Division offers coun-
seling, casework, and diagnosis of substance abuse
and other problems. The Division also refers clients
to community treatment programs. Citizen volun-
teers help counsel and supervise parolees and pro-
bationers.

The Division undertakes various types of inves-
tigations, when requested, for the courts of Mary-
land, the Maryland Parole Commission, and the
Governor. Unless otherwise ordered, a presentence
investigation is completed for the court when the
sentencing of a defendant convicted of felony in a
Circuit Court may result in the defendant being
remanded to the jurisdiction of the Division of
Correction or referred to Patuxent Institution.

At the direction of the Court of Special Appeals,
the Division investigates, reports, and makes recom-
mendations regarding applications for review of
criminal sentences. Where a felony offense caused
physical, psychological, or economic injury, the Di-
vision prepares a victim impact statement as part of
the presentence investigation. A victim impact
statement also is prepared when a misdemeanor
offense has caused serious physical injury or death.

Division investigations help the Maryland Parole
Commission determine whether to grant parole.
The Division also investigates the home and em-
ployment proposals of parolees and probationers
from other states wanting to live in Maryland under
the Uniform Out-of-State Parolee Supervision Act.

At the request of the Governor or the
Governor's designee, the Division also investigates
and reports on persons applying for pardon, com-
mutation of sentence, or clemency.

The Director of the Division of Parole and Pro-
bation is appointed by the Secretary of Public Safety
and Correctional Services with the approval of the
Governor and Senate advice and consent. The Di-
rector serves at the pleasure of the Secretary. (Code
1957, Art. 41, secs. 4-601 through 4-613).