inconsistent with the language of § 7-305 of this subtitle, which identifies
certain factors and information that must be considered when determining
whether an inmate is suitable for parole, The Committee does not believe
that the specified factors and information can be accurately described as
"standards". The General Assembly may wish to address this inconsistency
by deleting the reference to "standards" in subsection (c) of this section and
substituting a reference to "factors and other information". See also §
7-307(b)(1)(i) and (2) of this subtitle and accompanying Revisor's Note.
In subsection (d)(1) of this section, the reference to the recommendation
"for parole or denial of parole" is added for consistency with subsection
(d)(2) of this section.
In subsection (d)(3) of this section, the reference to filing written
exceptions "with the Commission" is added to state expressly that which
was only implied in the former law.
In subsection (e)(2)(i) of this section, the reference to the Commission
scheduling a hearing on its own "initiative" is substituted for the former
reference to the Commission scheduling a hearing on its own "motion" for
accuracy. The Commission does not act on a "motion".
In subsection (e)(3) of this section, the former reference to a
recommendation that "shall be considered" approved is deleted as
surplusage.
Defined terms: "Commission" § 7-101
"Commissioner" § 7-101
"Commissioner of Correction" § 1-101
"Inmate" § 1-101
"Parole" § 7-101.
7-307. HEARING CONDUCTED BY COMMISSION PANEL.
(A) ASSIGNMENT OF COMMISSIONERS; CONDUCT OF HEARING.
(1) THE CHAIRPERSON OF THE COMMISSION SHALL ASSIGN AT LEAST
TWO COMMISSIONERS TO HEAR CASES FOR PAROLE RELEASE AS A PANEL.
(2) EACH PROCEEDING BEFORE A. COMMISSION PANEL ' SHALL BE
CONDUCTED IN ACCORDANCE WITH THIS SECTION.
(B) DETERMINATION BY COMMISSION PANEL.
(1) (I) A COMMISSION PANEL THAT CONSISTS OF TWO
COMMISSIONERS SHALL DETERMINE, BY UNANIMOUS VOTE, WHETHER THE INMATE
IS SUITABLE FOR PAROLE IN ACCORDANCE WITH THE STANDARDS SPECIFIED IN §
7-305 OF THIS SUBTITLE.
(II) IF THE TWO-COMMISSIONER PANEL IS UNABLE TO REACH A
UNANIMOUS DECISION, THE CHAIRPERSON OF THE COMMISSION SHALL CONVENE A
THREE-COMMISSIONER PANEL AS SOON AS PRACTICABLE TO REHEAR THE CASE.
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