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Session Laws, 1976
Volume 734, Page 1423   View pdf image
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MARVIN MANDEL, Governor

1423

DETERMINING IF AN INMATE IS SUITABLE FOR RELEASE ON
PAROLE SHALL CONSIDER:

(1)    THE CIRCUMSTANCES SURROUNDING THE CRIME;

(2)    THE PHYSICAL, MENTAL, AND MORAL
QUALIFICATION OF THE INMATE ELIGIBLE FOR PAROLE;

(3)    THE PROGRESS OF THE INMATE DURING HIS

CONFINEMENT;

(4)    WHETHER OR NOT THERE IS REASONABLE
PROBABILITY THAT THE INMATE, IF RELEASED ON PAROLE, WILL
REMAIN AT LIBERTY WITHOUT VIOLATING THE LAW; AND

(5)    WHETHER OR NOT RELEASE ON PAROLE OF THE
INMATE IS COMPATIBLE WITH THE WELFARE OF SOCIETY.

113.

(A)    THE COMMISSION OR ITS HEARING EXAMINERS SHALL
HEAR CASES FOR PAROLE RELEASE AT LEAST ONCE EACH MONTH AT
PENAL INSTITUTIONS UNDER THE DIVISION OF CORRECTION AND
AS OFTEN AS NECESSARY AT OTHER PLACES OF PENAL
CONFINEMENT WITHIN THIS STATE AT WHICH INMATES ELIGIBLE
FOR PAROLE CONSIDERATION ARE CONFINED.

(B)    THE COMMISSION MAY ADOPT RULES AND REGULATIONS
FOR THE CONDUCT OF PROCEEDINGS BEFORE IT AND THE HEARING
EXAMINERS.

114.

(A)   THE CHAIRMAN OF THE COMMISSION SHALL ASSIGN
BEARING EXAMINERS, OR COMMISSION MEMBERS ACTING AS
HEARING EXAMINERS, AS REQUIRED TO HEAR CASES FOR PAROLE
RELEASE. EACH PROCEEDING BEFORE A HEARING EXAMINER SHALL
BE CONDUCTED AS PROVIDED IN THIS SECTION.

(B)    A RECORD OF THE HEARING SHALL BE KEPT.

(C)    THE HEARING EXAMINER SHALL DETERMINE IF THE
INMATE IS SUITABLE FOR RELEASE ON PAROLE IN ACCORDANCE
WITH THE STANDARDS SPECIFIED IN 6112 OF THIS SUBTITLE.

(D)    (1) AT THE CONCLUSION OF THE HEARING, THE
HEARING EXAMINER SHALL INFORM THE INMATE OF THE
RECOMMENDATION.

(2)    IF THE HEAPING EXAMINER RECOMMENDS
PAROLE, HE SHALL GIVE TO THE COMMISSION, THE
COMMISSIONER, AND THE INMATE A WRITTEN REPORT OF THE
FINDINGS AND RECOMMENDATIONS WITHIN FIVE CAYS AFTER THE

HEARING.

(3)    IF THE HEARING EXAMINER RECOMMENDS
DENIAL OF PAROLE, HE SHALL GIVE TO THE COMMISSION, THE
COMMISSIONER, AND THE INMATE A WRITTEN REPORT OF THE

 

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Session Laws, 1976
Volume 734, Page 1423   View pdf image
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