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Session Laws, 2004
Volume 801, Page 3283   View pdf image
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ROBERT L. EHRLICH, JR., Governor                         H.B. 1220

(d) (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parole was revoked; and

(ii) the parole was revoked due to a finding that the inmate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) SUBJECT TO SUBSECTION (D) OF THIS SECTION, IF A SENTENCE HAS
COMMENCED AS PROVIDED UNDER § 9-202(C)(2) OF THIS ARTICLE AND THE INMATE
IS SERVING THAT SENTENCE WHEN THE ORDER OF PAROLE IS REVOKED, THE
REMAINDER OF THE SENTENCE ORIGINALLY IMPOSED SHALL BEGIN AT THE
EXPIRATION OF ANY SENTENCES WHICH WERE BEGUN UNDER § 9-202(C)(2) OF THIS
ARTICLE.

[(e)] (F) (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.

7-403.

(a)     (1) If a parolee is convicted of a crime committed while on parole and is
sentenced to an additional term of imprisonment in any correctional facility in this
State, [the new sentence shall run consecutive to the time to be served on the original
term unless the judge imposing the new sentence expressly orders otherwise.

(2)] THE COURT SHALL DETERMINE IF THE NEW SENTENCE IS TO RUN
CONCURRENTLY OR CONSECUTIVELY, AS REQUIRED UNDER MARYLAND RULE
4-351(A)(5).

(2) IF THE NEW SENTENCE IS TO RUN CONSECUTIVELY:

(I)      THE NEW SENTENCE SHALL BEGIN AS PROVIDED IN § 9-202(C)
OF THIS ARTICLE; AND

(II)     THE REIMPOSITION OF THE ORIGINAL SENTENCE ON PAROLE
SHALL BEING BEGIN AS PROVIDED IN § 7-401 OF THIS ARTICLE.

(b)     If a parolee is convicted in another state of a crime committed while on
parole and is sentenced to serve a term of imprisonment in a correctional facility in
the other state, the Commission shall file with the managing official of the
correctional facility in the other state a declaration of violation of parole to serve as a
detainer on the parolee's release from the correctional facility.

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Session Laws, 2004
Volume 801, Page 3283   View pdf image
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