1. MARYLAND PAROLE COMMISSION AUGUST 31, 2015

2. RELEASE TYPES PAROLE MANDATORY SUPERVISED RELEASED (MSR) EXPIRATION OF SENTENCE

3. ELIGIBILITY FOR PAROLE SENTENCE OF 6 MONTHS OR MORE IN LOCAL OR STATE INSTITUTION VIOLENT OFFENSES 50% OF TOTAL SENTENCE SINCE 10/1/1994 NON-VIOLENT 25% OF TOTAL SENTENCE COMBINATION OF NON-VIOLENT and VIOLENT 25% OF AGGREGATE OR 50% OF VIOLENT PORTION WHICHEVER IS GREATER

4. COMMISSION OPTIONS REGARDING WARRANTS COMMISSIONERS HAVE A VARIETY OF OPTIONS BASED ON INFORMATION PROVIDED BY AGENT IN REPORT SUBMITTED THEY CAN: ISSUE WARRANTS ISSUE SUBPOENAS ORDER REPRIMANDS TAKE NO ACTION BEFORE ADJUDICATION OF CHARGES ISSUING WARRANTS ARE AT THE TOTAL AND COMPLETE DISCRETION OF THE COMMISSIONER REVIEWING CASE. THEY WEIGH MANY FACTORS IN MAKING THESE DECISIONS- THE PARAMOUNT OF WHICH IS THE PROTECTION OF PUBLIC SAFETY. MPC WARRANTS ARE NON BAILABLE.

5. WITHDRAWAL OF WARRANTS WARRANTS ARE USUSALLY WITHDRAWN IF THEY ARE BASED SOLELY ON CRIMINAL CONTACT IN WHICH AN OFFENDER DOES NOT RECEIVE A FINDING OF GUILT. IF WARRANT IS WITHDRAWN, THE REVOCATION HEARING IS CANCELLED AND OFFENDER RELEASED PROVIDED THERE ARE NO OPEN CHARGES, ACTIVE WARRANTS OR DETAINERS.

6. C.S.A. AND C.O.M.A.R. THE OFFENSE DATE DICTATES WHICH C.O.M.A.R. REGULATIONS AND APPLY TO THE OFFENDER MARYLAND ANNOTATED CODE, CORRECTIONAL SERVICES ARTICLE, SUBTITLE 5, SECTION 7 DICTATES THE OFFENDER LOSING DIMUNITION OF CONFINEMENT CREDITS AND ABILITY OF THE COMMISSIONER TO GRANT STREET TIME CREDIT TO THE OFFENDER.

7. HEARSAY HEARSAY MAY BE ADMITTED IN THIS ADMINISTRATIVE HEARING PROVIDED THE COMMISSIONER BELIEVES IT IS PROBATIVE, RELIABLE AND CREDIBLE

8. MITIGATION MITIGATION IS ALLOWED AT BOTH LAWS HEARINGS(WAIVER OF ATTORNEY AND AGENT - ADMISSION OF GUILT) AND REVOCATION HEARINGS (CONTESTED) MITIGATION SHOULD BE AN EXPLANATION OF WHY EITHER THE CRIMINAL CONVICTION OR TECHNICAL VIOLATION BEHAVIOR OCCURRED RATHER THAN A DENIAL OF THE ALLEGED BEHAVIOR

9. TIMELY HEARINGS OFFENDERS ARE FREE TO FILE ACTION WITH THE CIRCUIT COURT OF THE JURISDICTION WHERE THEY ARE BEING HELD IF THEY BELIEVE THEIR RIGHTS HAVE BEEN VIOLATED BY NOT RECEIVING A REVOCATION HEARING WITHIN A TIMELY MANNER COMAR 12.08.01.22.F.2.a STATES THAT HEARINGS BE HELD WITHIN 60 DAYS OF INCARCERATION UNLESSS GOOD CAUSE EXISTS.

10. REVOCATION LAW/S OFFENDER WAIVES AGENT OF RECORD AND LEGAL COUNSEL IN RETURN FOR AN EXPEDITED HEARING WHERE THEY ACKNOWLEDGE GUILT BUT ARE ALLOWED TO OFFER MITIGATION EVEN THOUGH OFFENDERS PLEAD GUILTY TO ALL ALLEGED VIOLATIONS AT LAW HEARING, THE COMMISSIONER IS FREE TO HAVE A NO FINDING ON ANY PARTICULAR CHARGE

11. PRELIMINARY HEARINGS ALWAYS CONDUCTED BY HEARING OFFICERS CAN DISMISS RULE VIOLATIONS IF PROBABLE CAUSE NOT FOUND ALLEGATIONS DISMISSED CANNOT BE CONSIDERED AT A SUBSEQUENT REVOCATION HEARING ONCE PRELIMINARY HEARING IS REQUESTED, THE OFFENDER IS DISQUALIFIED FROM A SUBSEQUENT LAW HEARING AND WILL BE SCHEDULED FOR A REGULAR REVOCATION PROCEEDING HEARING OFFICERS HAVE THE POWER TO WITHDRAW A WARRANT AT A PRELIMIANRY HEARING IF THEY FIND NO BASIS OF PROBABLE CAUSE FOR HOLDING AN OFFENDER.

12. REVOCATION HEARING WITH COUNSEL OFFENDER AFFORDED A PUBLIC DEFENDER, MAY HIRE PRIVATE COUNSEL OR MAY REPRESENT THEMSELVES. CONTESTED HEARINGS: TESTIMONY IS TAKEN REGARDING THE ALLEGED VIOLATIONS AND EVIDENCE MAY BE SUBMITTED. CROSS EXAMINATION OF AGENT AND WITNESSES IS ALLOWED. FACTS SURROUNDING NEW OFFENSES MAYBE DISCUSSED IF THE CASE HAS BEEN DISPOSED OF BY WAY OF PLEA OR CONVICTION.

13. POSSIBLE OUTCOMES AT HEARINGS CONTINUE (RELEASE) CONTINUE UNAVAILABLE (TO SERVE NEW SENTENCE ACQUIRED WHILE ON SUPERVISION) SHORT TERM HOLDS- 30, 60, 90 DAYS REVOKED (SANCTION CAN INCLUDE PERIOD OF INCARCERATION BY LOSS OF CREDITS OR STREET TIME NOT AWARDED) CORRECTIONS ARTICLE 7-401 (HB1174) ALLOWS THE COMMISSIONER AFTER REVOKING AN OFFENDER TO SET A PAROLE DATE SOMETIME IN THE FUTURE. IF A NEW CONVICTION IS INVOLVED THEN THE PAROLE DATE MUST MEET STATUTORY ELIGIBILITY ON NEW CONVICTION PVP- TECHNICAL VIOLATOR PROGRAM 6 MONTH PROGRAM AT PATX DEALS WITH COGNITIVE AND SUBSTANCE ABUSE ISSUES THE OFFENDER MAY BE CONTINUED AT THE COMMISSIONER’S DISCRETION AFTER COMPLETION CLOSE (ADMINISTRATIVE CLOSING OF CASES, USUALLY CAUSED BY EXPIRATION OF SUPERVISED CASE)

14. POSSIBLE OUTCOMES CONT. GENERALLY A CASE CANNOT BE CLOSED BEFORE ITS LEGAL EXPIRATION DATE

15. IF REVOKED…. THE COMMISSIONER HAS TOTAL DISCRETION IN DETERMINING WHEN A SENTENCE WILL START. IT MAY BEGIN NO LATER WHEN THE OFFENDER IS HELD IN CUSTODY ON THE MARYLAND PAROLE COMMISSION WARRANT. IT MAY BEGIN AS EARLY AS HIS PRIOR DATE OF RELEASE BEFORE THIS CURRENT INCARCERATION THIS PERIOD BETWEEN THE ABOVE SCENARIOS IS CALLED STREET TIME ALL DIMUNITION CREDITS FOR OFFENDERS ON PAROLE ARE LOST BY OPERATION OF LAW IF THE SUPERVISED OFFENSE AND A NEW CONVICTION OCCURRED ON OR AFTER 10/1/1996 ALL DIMUNITION CREDITS FOR OFFENDERS ON MANDATORY RELEASE ARE LOST BY OPERATION OF LAW IF THE SUPERVISED OFFENSE AND A NEW CONVICTION OCCURRED ON OR BEFORE 10/1/2003

16. IF REVOKED CONTINUED OFFENDERS ARE ALWAYS ELIGIBLE FOR AWARDING OF STREET TIME UNLESS OFFENDER IS ON MSR OR PAROLE FOR VIOLENT OFFENSE OCCURRING ON OR AFTER 10/1/1994 AND IS CONVICTED OF A NEW VIOLENT OFFENSE, or OFFENDER IS ON MSR FOR ANY SUPERVISED OFFENSE OCCURING ON OR AFTER 6/1/2002 AND IS CONVICTED OF A NEW VIOLENT OFFENSE.

17. WORST CASE SCENRIO WORST CASE SCENERIOS ARE CALCULATED BY LOSING ALL DIMUNITION OF CONFINMENT CREDITS, GRANTING NO STREET TIME AND GIVING OFFENDER CREDIT FOR TIME WHILE INCARCERATED AWAITING REVOCATION HEARING. IN THIS SCENERIO ALL DIM CREDITS ARE RESCINDED BY OPERATION OF LAW OR TAKEN AT THE DISCRETION OF THE COMMISSIONER MSR OFFENDER’S DIMUNITION CREDITS ARE ALWAYS CONTROLED BY THE PAROLE COMMISSION PAROLEE’S DIMUNITION CREDITS CAN ONLY BE TAKEN BY OPERATION OF LAW AFTER CONVICTION – PAROLE COMMISSIONER HAS NO CONTROL OVER PAROLEE DIMS

18. DIMUNITION CREDITS (DIM) A COMMISSIONER HAS THE POWER TO REVOKE ALL CREDITS INCLUDING EDUCATION AND INDUSTRIAL CREDITS. THESE CREDITS ARE INCLUDED IN THE GRAND TOTAL THAT AN MSR INMATE HAS AT TIME OF RELEASE (NOTED ON HIS MANDATORY RELEASE CERTIFICATE) OR THAT A PAROLEE RELEASED BY DOC HAS EARNED DURING TIME OF CONFINEMENT. A PAROLEE CAN ALWAYS EARN CREDITS UPON REVOCATION IF MSR OFFENDER IS REVOKED BY NEW VIOLENT CONVICTION, THE OFFENDER MAY NOT EARN DIMUNITION CREDITS ON THE REVOCATION SENTENCE IMPOSED.

19. APPEAL RIGHTS OFFENDERS HAVE THE OPTION OF APPEALING THEIR LAW OR REVOCATION DECISION TO THE CIRCUIT COURT. APPEAL MUST BE FILED WITHIN 30 DAYS OF DATE OF HEARING IN ONE OF 3 JURISDICTIONS: 1. the jurisdiction where the hearing was held, 2. the jurisdiction where the conviction occurred, or 3. the jurisdiction where the offender is detained. REGARDLESS OF WHERE THE APPEAL IS FILED, THE APPEAL MUST BE IN WRITING AND FILED IN CIRCUIT COURT OF THE JURISDICTION SELECTED BY THE OFFENDER.

20. TREATMENT AS HEARING OUTCOME IN-PATIENT BEHIND THE WIRE/WALL AS PART OF CONDITION OF RELEASE OFFENDERS CAN RECEIVE AS PART OF A LAW/REVOCATION DECISION DRUG TREATMENT BEHIND OR OUTSIDE THE WIRE 8-505 EVALUATIONS AND 8-507 PLACEMENTS CANNOT BE FINANCED BY THE PAROLE COMMISSION AND ARE ONLY ALLOWABLE IF THE OFFENDER HAS THE RESOURCES TO PAY FOR TREATMENT. MPC HAS NO BUDGET FOR EVALUATIONS AND TREATMENT UNDER THE HEALTH SERVICES ARTICLE.

21. POSSIBLE POSITIVE ASPECTS OF REVOCATION HB1174 (RELEASE UNDER CS ARTICLE 7, SECTION 401) PAROLES CAN ONLY BE OBTAINED AFTER A FINDING OF REVOCATION PAROLEES WITH SUPERVISED OFFENSES COMMITMED ON OR BEFORE 10/1/1996 ARE ALLOWED TO KEEP ALL CREDITS ACCUMULATED AS A PAROLEE. THESE CREDITS MUST BE USED IF AN OFFENDER IS REVOKED TOWARDS ANY NEW SENTENCE THE OFFENDER WOULD HAVE RECEIVED. MANDATORY RELEASEES WITH SUPERVISED OFFENSES FROM 7/1/1989 TO 10/1/2003 MUST HAVE THEIR CREDITS REMOVED BY THE PAROLE COMMISSION RATHER THAN BY THE OPERATION OF LAW. THEREFORE, A REVOCATION IN THOSE CASES MAY NOT BE AS DAMAGING AS FOR SUPERVISED OFFENSES BEFORE AND AFTER THOSE DATES AS THE COMMISSION HAS DISCRETION DURING THIS PERIOD.

22. COMPETENCY IF A COMMISSIONER DETERMINES THAT THERE IS A QUESTION REGARDING OFFENDERS COMPETENCY PRIOR TO OR DURING A HEARING THEN THEY HAVE THE OPTION OF TERMINATING THE PROCEEDINGS AND REQUESTING THAT DOC (AND OR PATUXENT) PERFORM A PYSCHOLOGICAL EVALUATION TO DETERMINE COMPETENCY. AFTER COMMISSIONER RECEIVES THE EVALUATION THEY DETERMINE IF A FUTURE HEARING IS POSSIBLE OR IF A TRANSFER TO A STATE MENTAL HEALTH FACILITY IS NECESSARY

23. REVOCATION CONTACTS REVOCATION MAIN LINE 410-585-3205 KATHLEEN PAUL (POST RELEASE ADMINISTRATIVE OFFICER) 410-585-3233 KPAUL@DPSCS.STATE.MD.US EBONY WALKER (REVOCATION UNIT SUPERVISOR) 410-585-3272 EDWALKER@DPSCS.STATE.MD.US

24. Questions