consideration by the General Assembly, that subsection (b)(1) of this
section provides that an individual is entitled to be represented at a parole
revocation hearing by counsel of the. individual's choice or "counsel
provided by the Public Defender's Office". The Committee believes that the
part of subsection (b)(1) that refers to the Public Defender's Office is
inconsistent with Art. 27A, which requires that the Public Defender's
Office provide representation only to "eligible" individuals. The General
Assembly may wish to amend subsection (b)(1) to provide that an
individual is entitled to be represented at a parole revocation hearing by
counsel of the individual's choice or, "if eligible", by the Public Defender's
Office.  

In subsection (b)(2) of this section, the reference to the duty of "the
Commission" to keep a record of each hearing is added to state expressly
that which was only implied in the former law.

In subsection (e)(1) of this section, the reference to the inmate's right to
"seek judicial review" is substituted for the former reference to the
inmate's right to "appeal" for accuracy. See, e.g., Md. Rule 7-201.
Correspondingly, in subsection (e)(2) of this section, the reference to the
"action" is substituted for the former reference to the "appeal".

Defined terms: "Commission" § 7-101
"Commissioner" § 7-101

"Division of Correction" § 1-101
"Inmate" § 1-101

"Local correctional facility" § 1-101
"Parole" § 7-101
"Parolee" § 7-101
"Violent crime" § 7-101

7-402. MODIFICATION OF PAROLE.

(A) GROUNDS; CONDITIONS.

(1) ON RECOMMENDATION OF THE DIVISION OF PAROLE AND
PROBATION OR ON THE COMMISSION'S OWN INITIATIVE, THE COMMISSION MAY
MODIFY THE CONDITIONS OF PAROLE AT ANY TIME FOR GOOD CAUSE.

(2) THE MODIFICATION MAY INCLUDE IMPOSING HOME DETENTION AS
A CONDITION OF PAROLE. '

(B) PROCEDURES.

(1) THE COMMISSION SHALL ADOPT PROCEDURES FOR THE
MODIFICATION OF CONDITIONS OF PAROLE THAT GIVE A PAROLEE AN OPPORTUNITY
TO SHOW WHY THE CONDITIONS SHOULD NOT BE MODIFIED.

(2) THIS SECTION DOES NOT REQUIRE A HEARING OR ESTABLISH A
RIGHT OF JUDICIAL REVIEW.