1424
LAWS OF MARYLAND
Ch. 540
FINDINGS AND RECOMMENDATIONS WITHIN TEN DAYS AFTER THE
HEARING.
(4) THE COMMISSIONER OR THE INMATE MAY FILE
WRITTEN EXCEPTIONS TO THE REPORT OF A HEARING EXAMINER
WITHIN FIVE DAYS AFTER THE REPORT IS MADE.
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS
SUBSECTION, ONE COMMISSION MEMBER, ASSIGNED BY THE
CHAIRMAN OF THE COMMISSION, SHALL REVIEW SUMMARILY THE
RECOMMENDATION OF THE HEARING EXAMINER.
(2) THE COMMISSION, ON ITS OWN MOTION OR ON
THE FILING OF AN EXCEPTION, MAY SCHEDULE A HEARING ON THE
RECORD BY A PANEL OF AT LEAST TWO COMMISSION MEMBERS,
ASSIGNED BY THE CHAIRMAN OF THE COMMISSION, OR MAY
SCHEDULE A HEARING ON THE RECORD BY THE ENTIRE
COMMISSION. THE COMMISSION OR ITS PANEL SHALL RENDER A
WRITTEN DECISION ON THE APPEAL. THE DECISION SHALL BE
FINAL.
(3) IF, WITHIN THE FIVE DAY APPEAL PERIOD,
AN EXCEPTION IS NOT FILED AND THE COMMISSION DOES NOT ACT
ON ITS OWN, THE RECOMMENDATION OF THE HEARING EXAMINER
SHALL BE CONSIDERED APPROVED.
115.
(A) THE CHAIRMAN OF THE COMMISSION SHALL ASSIGN AT
LEAST TWO COMMISSION MEMBERS TO HEAR CASES FOR PAROLE
RELEASE. EACH PROCEEDING BEFORE A COMMISSION PANEL SHALL
BE CONDUCTED AS PROVIDED IN THIS SECTION.
(B) (1) A COMMISSION PANEL THAT CONSISTS OF TWO
MEMBERS SHALL DETERMINE, BY UNANIMOUS VOTE, IF THE INMATE
IS SUITABLE FOR RELEASE ON PAROLE IN ACCORDANCE WITH THE
STANDARDS SPECIFIED IN § 112 OF THIS SUBTITLE. IF THE
PANEL IS UNABLE TO REACH A UNANIMOUS DECISION, THE
CHAIRMAN OF THE COMMISSION SHALL CONVENE A THREE-MEMBER
PANEL AS SOON AS PRACTICABLE TO REHEAR THE CASE.
(2) A COMMISSION PANEL THAT CONSISTS OF
THREE MEMBERS SHALL DETERMINE, BY MAJORITY VOTE, IF THE
INMATE IS SUITABLE FOR RELEASE ON PAROLE IN ACCORDANCE
WITH THE STANDARDS SPECIFIED IN § 112 OF THIS SUBTITLE.
(C) THE COMMISSION MEMBERS SHALL INFORM THE INMATE
AND THE APPROPRIATE CORRECTIONAL AUTHORITY OF THE
COMMISSION DECISION AS SOON AS POSSIBLE. IF PAROLE IS
DENIED, THE COMMISSION SHALL GIVE TO THE INMATE A WRITTEN
REPORT OF ITS FINDINGS WITHIN 30 DAYS AFTER THE HEARING.
115.
(A) IF AN INMATE RELEASED ON PAROLE IS ALLEGED TO
HAVE VIOLATED A CONDITION OF PAROLE, ONE COMMISSION
MEMBER SHALL HEAR THE CASE ON REVOCATION OF THE PAROLE,
AT THE TIME AND PLACE DESIGNATED BY THE COMMISSION.
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