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Session Laws, 1999
Volume 796, Page 667   View pdf image
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(C) ACTION AUTHORIZED TO BE TAKEN BY COMMISSIONER

IF THE COMMISSIONER FINDS FROM THE EVIDENCE THAT THE PAROLEE HAS
VIOLATED A CONDITION OF PAROLE, THE COMMISSIONER MAY TAKE ANY ACTION
THAT THE COMMISSIONER CONSIDERS APPROPRIATE, INCLUDING:

(1) (I) REVOKING THE ORDER OF PAROLE;

(II) SETTING A FUTURE HEARING DATE FOR CONSIDERATION FOR

REPAROLE; AND

(III) REMANDING THE INDIVIDUAL TO THE DIVISION OF
CORRECTION OR LOCAL CORRECTIONAL FACILITY FROM WHICH THE INDIVIDUAL
WAS PAROLED; OR

(2) CONTINUING PAROLE:

(I) WITHOUT MODIFICATION OF ITS CONDITIONS; OR

(II) WITH MODIFICATION OF ITS CONDITIONS, INCLUDING A
REQUIREMENT THAT THE PAROLEE SPEND ALL OR PART OF THE REMAINING PAROLE
PERIOD IN A HOME DETENTION PROGRAM.

(D) PORTION OF SENTENCE TO BE SERVED.

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION AND FURTHER
ACTION BY THE COMMISSION, IF THE ORDER OF PAROLE IS REVOKED, THE INMATE
SHALL SERVE THE REMAINDER OF THE SENTENCE ORIGINALLY IMPOSED UNLESS
THE COMMISSIONER HEARING THE PAROLE REVOCATION, IN THE COMMISSIONER'S
DISCRETION, GRANTS CREDIT FOR TIME BETWEEN RELEASE ON PAROLE AND
REVOCATION OF PAROLE.

(2) AN INMATE MAY NOT RECEIVE CREDIT FOR TIME BETWEEN
RELEASE ON PAROLE AND REVOCATION OF PAROLE IF:

(I) THE INMATE WAS SERVING A SENTENCE FOR A VIOLENT CRIME
WHEN PAROLE WAS REVOKED; AND

(II) THE PAROLE WAS REVOKED DUE TO A FINDING THAT THE
INMATE COMMITTED A VIOLENT CRIME WHILE ON PAROLE.

(E) JUDICIAL REVIEW.

(1) THE INMATE MAY SEEK JUDICIAL REVIEW IN THE CIRCUIT COURT
WITHIN 30 DAYS AFTER RECEIVING THE WRITTEN DECISION OF THE COMMISSION.

(2) THE COURT SHALL HEAR THE ACTION ON THE RECORD.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-511(a) through (e) and, as it related to
remand of an individual after a parole violation, the third sentence of §
4-501(5).

The Correctional Services Article Review Committee notes, for

 

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Session Laws, 1999
Volume 796, Page 667   View pdf image
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