WILLIAM DONALD SCHAEFER, Governor                           Ch. 717

(2) Any EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION,
ANY person who [(1)] (I) has been convicted on two separate occasions of it crime of
violence where the convictions do not arise from a single incident, and [(2)] (II) 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 time of a
crime of violence, to imprisonment for the term allowed by law, but, in any event, not less
than 25 years. Neither the sentence nor any part of it may be suspended THE COURT
MAY NOT SUSPEND ALL OR PART OF THE MANDATORY 25 YEAR SENTENCE
REQUIRED UNDER THIS SUBSECTION, and the person shall not be eligible for parole
except in accordance with the provisions of Article 31B, § 11. 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) ANY PERSON WHO HAS BEEN CONVICTED ON A PRIOR OCCASION OF A
CRIME OF VIOLENCE, INCLUDING A CONVICTION TOR AN OFFENSE COMMITTED
BEFORE OCTOBER 1, 1994 AND HAS SERVED A TERM OF CONFINEMENT IN A
CORRECTIONAL INSTITUTION FOR THAT CONVICTION SHALL BE SENTENCED, ON
BEING CONVICTED A SECOND TIME OF A CRIME OF VIOLENCE COMMITTED ON OR
AFTER OCTOBER 1, 1904, TO IMPRISONMENT FOR THE TERM ALLOWED BY LAW, BUT,
IN ANY EVENT, NOT LESS THAN 10 YEARS. THE COURT MAY NOT SUSPEND ALL OR
PART OF THE MANDATORY 10 YEAR SENTENCE REQUIRED UNDER THIS
SUBSECTION. 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.

(E) (1) THE STATE SHALL PROCEED AGAINST A PERSON WHO QUALIFIES AS
A SUBSEQUENT OFFENDER UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION AND
SHALL NOTIFY THE DEFENDANT OF THE TIME AND PLACE OF THE PRIOR QUALIFIED
CONVICTIONS.

(2) THE STATE MAY PROCEED AGAINST A PERSON WHO QUALIFIES AS A
SUBSEQUENT OFFENDER UNDER SUBSECTION (D) OF THIS SECTION AFTER
COMPLYING WITH THE PRETRIAL NOTICE REQUIREMENTS OF THE MARYLAND
RULES.

(F) (1) ANY PERSON SENTENCED UNDER THE PROVISIONS OF THIS SECTION
WHO IS AT LEAST 65 YEARS OLD AND HAS SERVED AT LEAST 15 YEARS OF THE
SENTENCE IMPOSED MAY PETITION FOR AND BE GRANTED PAROLE.

(2) THE MARYLAND PAROLE COMMISSION SHALL ADOPT REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.

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.

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