Ch. 716                                        1994 LAWS OF MARYLAND

(c) Any person who (1) has been convicted on two ONE separate occasions
OCCASION of a crime of violence where the convictions do not arise from a single
incident, and (2) has served at least one term of confinement in a correctional institution
as a result of a conviction of a crime of violence, shall be sentenced, on being convicted a
third SECOND time of a crime of violence, to imprisonment for the term allowed by law,
but, in any event, not less than 25 5 years. Neither the sentence nor any part of it may be
suspended, and the person shall not be eligible for parole except in accordance with the
provisions of Article 31B, § 11 OF THE CODE, A

(D) IN THIS SECTION, A separate occasion shall be considered one in which the
second or succeeding offense is committed after there has been a charging document filed
for the preceding occasion.

(d) (1) IF AN INDIVIDUAL IS CHARGED WITH A CRIME OF VIOLENCE WHILE
RELEASED ON PAROLE, THE INDIVIDUAL'S PAROLE SHALL BE AUTOMATICALLY
REVOKED.

(2) IF THE INDIVIDUAL SPECIFIED IN PARAGRAPH (1) OF THIS
SUBSECTION IS FOUND NOT GUILTY OF COMMITTING A CRIME OF VIOLENCE WHILE
RELEASED ON PAROLE, THE INDIVIDUAL'S PAROLE SHALL BE REINSTATED.

(E) If the State intends to proceed against a person as a subsequent offender
under this section, it shall comply with the procedures set forth in the Maryland Rules for
the indictment and trial of a subsequent offender.

Article 41—Governor—Executive and Administrative-Departments

4-507.

(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.

(C) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
HEARINGS BEFORE THE COMMISSION AND THE HEARING EXAMINERS SHALL BE
OPEN TO THE PUBLIC.

(2) THE VOTE OF EACH MEMBER OF THE COMMISSION ON A FORMAL
ACTION, INCLUDING AN ACTION TO CLOSE OR RESTRICT ACCESS TO A PAROLE
HEARING UNDER SUBSECTION (D) OF THIS SECTION, SHALL BE MADE AVAILABLE TO
THE PUBLIC.                                                                                                                   

(3) NOTHING IN THIS SECTION LIMITS THE ABILITY OF THE
COMMISSION TO HOLD A PAROLE HEARING THROUGH THE USE OF VIDEO
CONFERENCES OR OTHER MEANS OF ELECTRONIC TRANSMISSION.

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