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Session Laws, 1999
Volume 796, Page 646   View pdf image
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(III) A HEARING EXAMINER IS ENTITLED TO COMPENSATION IN
ACCORDANCE WITH THE STATE BUDGET.

(2) A HEARING EXAMINER OR A COMMISSIONER ACTING AS A HEARING
EXAMINER MAY HEAR CASES FOR PAROLE RELEASE THAT ARE NOT REQUIRED TO BE
HEARD BY THE COMMISSION UNDER § 7-205{A)(3) OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, §§ 4-503 and 4-504(c).

In subsection (b)(1) of this section, the reference to "paragraph (2) of this
subsection" is technically narrower than the reference in former Art. 41, §
4-503(b)(l) to "§ 4-504 of this subtitle" because only former Art. 41, §
4-504(c) is revised in paragraph (2) of this subsection. However, subsection
(c) of former Art. 41, § 4-504 is the only part of that section that related to
parole release hearings conducted by hearing examiners. No substantive
change is intended.

Defined terms: "Commission" § 7-101
"Commissioner" § 7-101
"Division of Parole and Probation" § 1-101
"Parole" § 7-101
"Secretary" § 1-101

7-205. POWERS.

(A) EXCLUSIVE POWERS OF COMMISSION.

THE COMMISSION HAS THE EXCLUSIVE POWER TO:

(1) AUTHORIZE THE PAROLE OF AN INDIVIDUAL SENTENCED UNDER
THE LAWS OF THE STATE TO ANY CORRECTIONAL FACILITY IN THE STATE;

(2) NEGOTIATE, ENTER INTO, AND SIGN PREDETERMINED PAROLE
RELEASE AGREEMENTS AS PROVIDED UNDER SUBSECTION (B) OF THIS SECTION;

(3) HEAR CASES FOR PAROLE IN WHICH:

(I) THE COMMISSIONER OF CORRECTION, AFTER REVIEWING THE
RECOMMENDATION OF THE APPROPRIATE MANAGING OFFICIAL, OBJECTS TO A
PAROLE;

(II) THE INMATE WAS CONVICTED OF A HOMICIDE; OR

(III) THE INMATE IS SERVING A SENTENCE OF LIFE IMPRISONMENT;

(4) HEAR EXCEPTIONS TO RECOMMENDATIONS OF A HEARING
EXAMINER OR A COMMISSIONER ACTING AS A HEARING EXAMINER;

(5) REVIEW SUMMARILY ALL RECOMMENDATIONS OF A HEARING
EXAMINER OR A COMMISSIONER ACTING AS A HEARING EXAMINER TO WHICH AN
EXCEPTION HAS NOT BEEN FILED;

 

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Session Laws, 1999
Volume 796, Page 646   View pdf image
 Jump to  
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