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PARRIS N. GLENDENING, Governor
Article - Correctional Services
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Ch. 485
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3-711.
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If an inmate is convicted and sentenced to imprisonment for a crime committed
while on parole OR MANDATORY SUPERVISION and the parole OR MANDATORY
SUPERVISION is revoked, diminution credits that were awarded before the inmate's
release on parole OR MANDATORY SUPERVISION may not be applied toward the
inmate's term of confinement on return to the Division.
7-502.
(a) An individual on mandatory supervision remains in legal custody until the
expiration of the individual's full term.
(b) An individual on mandatory supervision is subject to:
(1) all laws, rules, regulations, and conditions that apply to parolees; and
(2) any special conditions established by a commissioner.
(C) IF AN INMATE IS CONVICTED AND SENTENCED TO IMPRISONMENT FOR A
VIOLENT CRIME COMMITTED WHILE ON MANDATORY SUPERVISION AND THE
MANDATORY SUPERVISION IS REVOKED. DIMINUTION CREDITS THAT WERE
AWARDED BEFORE THE INMATE'S RELEASE ON MANDATORY SUPERVISION MAY NOT
BE APPLIED TOWARD THE INMATE'S TERM OF CONFINEMENT ON RETURN TO THE
DIVISION.
7-504.
(a) (1) IN THIS SECTION, "TERM OF CONFINEMENT" HAS THE MEANING
STATED IN § 3-701 OF THIS ARTICLE.
(2) (B) (1) The commissioner presiding at an individual's mandatory
supervision revocation hearing may revoke any or all of the diminution credits
previously earned by the individual on the individual's term of confinement.
(3) (2) NOTHING IN THIS SUBSECTION SECTION AFFECTS THE
PROHIBITION AGAINST THE APPLICATION OF DIMINUTION CREDITS UNDER § 3-711 §
7-502 OF THIS ARTICLE SUBTITLE TO THE TERM OF CONFINEMENT OF AN INMATE
CONVICTED AND SENTENCED TO IMPRISONMENT FOR A CRIME COMMITTED WHILE
ON MANDATORY SUPERVISION.
(b) (C) An AFTER AN INMATE'S MANDATORY SUPERVISION HAS BEEN
REVOKED, THE inmate may not be awarded any new diminution credits ON A
SENTENCE after the inmate's mandatory supervision has been revoked IF THE
SENTENCE WAS ONE FOR WHICH THE INMATE WAS AWARDED DIMINUTION CREDITS
BEFORE THE INMATE WAS RELEASED THE TERM OF CONFINEMENT FOR WHICH THE
INMATE WAS ON MANDATORY SUPERVISION.
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that this Act shall be construed to be consistent with the ruling of
the Court of Appeals of Maryland in Public Safety v. Hutchinson, 350 Md. 320 (2000), |
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- 3851-
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