Ch. 6

LAWS OF MARYLAND

of this petition shall be served upon the VICTIM AND THE State's
Attorney that last prosecuted the person, and the State's
Attorney shall be a party to the proceeding. After a hearing, the
court may either grant or deny the relief requested in the
petition.

11A.

(A)  IN THIS SECTION, "MAJOR VIOLATION" INCLUDES:

(1)  ESCAPE FROM PAROLE, WORK RELEASE, OR LEAVE OR;

(2)  FAILURE TO RETURN FROM PAROLE, WORK RELEASE, OR
LEAVE WITHIN 1 HOUR OF THE TIME DUE, UNLESS THE FAILURE TO RETURN
WAS DUE TO CAUSES BEYOND THE CONTROL OF THE ELIGIBLE PERSON;

(2) (3) COMMISSION OF A NEW OFFENSE, OTHER THAN A
MINOR TRAFFIC VIOLATION, WHILE ON PAROLE, WORK RELEASE, OR LEAVE;

(3) (4) CONVICTION COMMISSION OF A MAJOR VIOLATION

OF THE INSTITUTION'S DISCIPLINARY RULES;

(4) (5) VIOLATION OF ANY PAROLE, WORK RELEASE, OR
LEAVE RULE NOT CATEGORIZED AS A MINOR VIOLATION UNDER THE
REGULATIONS OF THE INSTITUTION; AND

(5) (6) USE OF ANY CONTROLLED DANGEROUS SUBSTANCE
IF THE INMATE IS NOT ENTITLED TO USE THE CONTROLLED DANGEROUS
SUBSTANCE UNDER THE LAWS OF THIS STATE.

(B)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, (1) IF AN ELIGIBLE PERSON COMMITS A MAJOR
VIOLATION WHILE ON PAROLE, WORK RELEASE, OR LEAVE, THE PERSON
SHALL BE CONFINED TO THE INSTITUTION AND SHALL BE INELIGIBLE FOR

PAROLE, WORK RELEASE, OR LEAVE FOR A PERIOD OF AT LEAST 6 MONTHS.

(2) IF THE BOARD OF REVIEW OR THE SECRETARY
DETERMINES THAT A MAJOR VIOLATION WAS SEVERE ENOUGH TO WARRANT
REMOVING AN ELIGIBLE PERSON FROM THE INSTITUTION, THE ELIGIBLE
PERSON MAY BE REMOVED FROM THE INSTITUTION AND RETURNED TO THE
DIVISION OF CORRECTION TO SERVE THE REMAINDER OF THE PERSON'S
ORIGINAL SENTENCE.

(3) IF AN ELIGIBLE PERSON COMMITS A SECOND MAJOR

VIOLATION WHILE ON PAROLE, WORK RELEASE, OR LEAVE, THE PERSON

SHALL BE CONFINED TO THE INSTITUTION AND SHALL BE INELIGIBLE FOR
PAROLE, WORK RELEASE, OR LEAVE FOR A PERIOD OF AT LEAST 6 MONTHS.

(2) IF AN ELIGIBLE PERSON COMMITS A SECOND MAJOR
VIOLATION WHILE ON PAROLE, WORK RELEASE, OR LEAVE, THE PERSON
SHALL BE REMOVED FROM THE INSTITUTION AND RETURNED TO THE
DIVISION OF CORRECTION TO SERVE THE REMAINDER OF THE PERSON'S
ORIGINAL SENTENCE.

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