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Session Laws, 1989
Volume 771, Page 1229   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 7

(b) [At any time after] 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] MAY grant a parole from the Institution for a
period not exceeding one year.

(3)  An eligible person who is serving a term of life
imprisonment shall only be paroled with the approval of the
Governor.

(4)  EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS
SUBSECTION, A PERSON WHO HAS BEEN SENTENCED TO LIFE IMPRISONMENT
FOR RAPE IN THE FIRST DEGREE, A SEXUAL OFFENSE IN THE FIRST
DEGREE, OR MURDER IN THE FIRST DEGREE IS NOT ELIGIBLE FOR PAROLE
UNTIL THE PERSON HAS SERVED 15 YEARS OR THE EQUAL OF 15 YEARS
WHEN CONSIDERING ALLOWANCES FOR DIMINUTION OF THE PERIOD OF
CONFINEMENT PROVIDED FOR IN ARTICLE 27, §§ 638C AND 700 OF THE
CODE.

(5)  A PERSON WHO HAS BEEN SENTENCED TO LIFE
IMPRISONMENT AS A RESULT OF A PROCEEDING UNDER ARTICLE 27, § 413
OF THE CODE IS NOT ELIGIBLE FOR PAROLE UNTIL THE PERSON HAS
SERVED 25 YEARS OR THE EQUAL OF 25 YEARS WHEN CONSIDERING THE
ALLOWANCES FOR DIMINUTION OF THE PERIOD OF CONFINEMENT PROVIDED
FOR IN ARTICLE 27, §§ 638C AND 700 OF THE CODE.

(6)  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) (1) THE BOARD OF REVIEW SHALL PROVIDE BY MAIL WRITTEN
NOTICE OF AN ELIGIBLE PERSON'S PAROLE HEARING TO THE VICTIM OR,
IF THE VICTIM IS DEAD, THE VICTIM'S FAMILY.

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Session Laws, 1989
Volume 771, Page 1229   View pdf image
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