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Session Laws, 1988
Volume 770, Page 3227   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 438

other sentence imposed by virtue of the commission of said felony
or misdemeanor.

Article 31B - Patuxent Institution

11.

(a)  A person confined at the Institution shall be released
upon expiration of his sentence in the same manner and subject to
the same conditions as if he were being released from a
correctional facility. The director shall notify the Commissioner
30 days prior to the release.

(b)  At any time after transfer of a person to the
Institution for treatment as an eligible person but prior to the
expiration of the person's sentence, the board of review, upon
review of the person may take the following action:

(1)  If the board of review concludes that the person
is no longer an eligible person but should remain confined until
released on parole in accordance with normal Parole Commission
standards or expiration of his sentence or the inmate requests a
transfer in writing, the director shall notify the Commissioner
and send him a copy of the evaluation team's report. Within 90
days after that notice, the person shall be delivered to the
appropriate correctional facility designated by the Commissioner.
This transfer shall not affect any right to parole consideration
that the person may then have.

(2)  If the board of review concludes that (i) it will
not impose an unreasonable risk on society; and (ii) it will
assist in the treatment and rehabilitation of the eligible
person, it shall grant a parole from the Institution for a period
not exceeding one year. An eligible person who is serving a term
of life imprisonment shall only be paroled with the approval of
the Governor. The board of review may attach reasonable
conditions to the parole, at any time make reasonable and
appropriate modifications of these conditions, and revoke the
parole if it finds that the person has violated a condition of
the parole. The board of review shall review the person's status
prior to the expiration of the parole period, and may extend the
parole.

(c)  If a person has successfully completed three years on
parole without violation, and the board of review concludes that
he is safe to be permanently released, it may, through the
director, petition the court that last sentenced the person to

(1) suspend the person's remaining sentence and terminate parole
supervision upon the conditions the court deems appropriate or

(2) vacate the person's remaining sentence. Notice of this
petition shall be served upon the State's attorney that last
prosecuted the person, and the State's attorney shall be a party

- 3227 -

 

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Session Laws, 1988
Volume 770, Page 3227   View pdf image
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