Correctional Services - Maryland Parole Commission - Members and Hearing Examiners

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0016*

HOUSE BILL 16
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HB 1156/25 – JUD (PRE–FILED)
By: Delegate Phillips Delegates Phillips, Simmons, Moreno, Moon, Conaway, and
Williams
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Correctional Services – Maryland Parole Commission – Members and Hearing 2
Examiners 3

FOR the purpose of altering the number of members of the Maryland Parole Commission; 4
altering the appointing authority and method of appointment of parole 5
commissioners; repealing the authority of the Commission to appoint and utilize 6
hearing examiners; requiring a new commissioner to be appointed within a certain 7
number of days under certain circumstances; prohibiting a hearing examiner 8
appointed under certain authority from serving for more than a certain number of 9
days; altering certain requirements for hearing examiners; requiring a vote of the 10
majority of commissioners appointed to the Maryland Parole Commission, instead of 11
a certain minimum number, to approve a certain incarcerated individual for parole; 12
and generally relating to the Maryland Parole Commission. 13

BY repealing and reenacting, with amendments, 14
Article – Correctional Services 15
Section 7–202, 7–204, 7–205(a), and 7–307, 7–207, 7–302, 7–303, and 7–305 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

BY repealing 19
Article – Correctional Services 20
Section 7–306 21
2 HOUSE BILL 16

Annotated Code of Maryland 1
(2025 Replacement Volume) 2

BY repealing and reenacting, without amendments, 3
Article – Correctional Services 4
Section 7–307 5
Annotated Code of Maryland 6
(2025 Replacement Volume) 7

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9

Article – Correctional Services 10

7–202. 11

(a) (1) The Commission consists of [ten] AT LEAST 15 BUT NOT MORE THAN 12
20 members. 13

(2) (I) [With the approval of the ] SUBJECT TO SUBPARAGRAPH (III) 14
OF THIS PARAGRAPH , THE Governor [and the advice and consent of the Senate, the 15
Secretary] shall appoint the members of the Commission FROM AM ONG NOMINEES 16
CHOSEN BY A PANEL CONSISTING OF: 17

1. THE EXECUTIVE DIRECTOR OF THE MARYLAND 18
POLICE TRAINING AND STANDARDS COMMISSION; 19

2. THE PUBLIC DEFENDER OF MARYLAND; 20

3. THE PRESIDENT OF THE MARYLAND STATE’S 21
ATTORNEYS’ ASSOCIATION; 22

4. THREE SERVICE PROVIDER S FROM THE FIELDS OF 23
MENTAL HEALTH, SUBSTANCE USE TREATM ENT, VOCATIONAL AND EDUCA TIONAL 24
TRAINING, OR COMMUNITY ORGANIZING, APPOINTED BY THE GOVERNOR; 25

5. THE STATE SUPERINTENDENT OF EDUCATION; 26

6. THE PRESIDENT OF THE NATIONAL ASSOCIATION OF 27
SOCIAL WORKERS – MARYLAND CHAPTER, OR THE PRESIDENT’S DESIGNEE; 28

7. THREE MEMBERS OF THE GENERAL PUBLIC , 29
APPOINTED BY THE GOVERNOR, INCLUDING: 30

HOUSE BILL 16 3

A. AT LEAST ONE MARYLAND RESIDENT WHO WAS 1
FORMERLY INCARCERATED IN A STATE CORRECTIONAL FACILITY; AND 2

B. AT LEAST ONE MARYLAND RESIDENT WHO IS AN 3
IMMEDIATE RELATIVE OF AN INDIVIDUAL WHO IS CURRENTLY, OR WAS FORMERLY, 4
INCARCERATED IN A STATE CORRECTIONAL FACILITY; AND 5

8. ONE PRISONERS’ RIGHTS ADVOCATE, CHOSEN BY THE 6
GOVERNOR; AND 7

9. ONE VICTIM ’S RIGHTS ADVOCATE , CHOSEN BY THE 8
GOVERNOR. 9

(II) THE PANEL SHALL SUBMIT TO THE GOVERNOR THE NAMES 10
OF AT LEAST THREE QUALIFIED NOMINEES FOR EACH COMMISSIONER VACANCY TO 11
BE FILLED. 12

(III) THE REQUIREMENT FOR N OMINATION BY THE PAN EL 13
UNDER THIS PARAGRAPH APPLI ES ONLY TO AN INITIA L TERM AS COMMISSION ER 14
AND NOT TO ANY SUBSE QUENT CONSECUTIVE TERM OF A SITTING COMM ISSIONER 15
WHOSE INITIAL APPOIN TMENT TO OFFICE WAS MADE PURSUANT TO PAN EL 16
NOMINATION. 17

(b) Each commissioner shall: 18

(1) be appointed without regard to political affiliation; 19

(2) be a resident of the State; and 20

(3) have training and experience in law, sociology, psychology, psychiatry, 21
education, social work, or criminology. 22

(c) Each commissioner: 23

(1) shall devote full time to the duties of the Commission; and 24

(2) may not have any other employment that conflicts with the 25
commissioner’s devotion of full time to the duties of the Commission. 26

(d) (1) The term of a commissioner is 6 years. 27

(2) At the end of a term, a commissioner continues to serve until a successor 28
is appointed and qualifies. 29

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(3) A commissioner who is appointed after a term has begun serves only for 1
the rest of the term and until a successor is appointed and qualifies. 2

(e) (1) With the approval of t he Governor, the Secretary may remove a 3
commissioner for disability, neglect of duty, or misconduct in office. 4

(2) Before removing a commissioner, the Secretary shall: 5

(i) give the commissioner written notice of the charges against the 6
commissioner; and 7

(ii) hold a public hearing on the charges. 8

(f) [(1) If THERE IS A VACANCY ON THE COMMISSION, OR IF a commissioner 9
is unable to perform the commissioner’s duties because of sickness, incapacity, or 10
disqualification, the Secretary may appoint a hearing examiner to the Commission to 11
perform those duties until that commissioner is able to resume those duties or until a new 12
commissioner is appointed and qualifies. 13

(2) A NEW COMMISSIONER SHA LL BE APPOINTED WITH IN 90 DAYS 14
AFTER A VACANCY. 15

(3) A hearing examiner appointed under this subsection is entitled to the 16
same compensation as a commissioner. 17

(3) (4) A hearing examiner appointed under this subsection may not: 18

(I) SERVE FOR MORE THAN 90 DAYS; OR 19

(II) participate in a proceeding before the Commission in which the 20
hearing examiner participated as a hearing examiner. 21

(g)] With the approval of the Governor, the Secretary shall designate a 22
chairperson of the Commission from among its members. 23

7–204. 24

(a) [(1)] The Commission shall appoint the staff necessary to perform the duties 25
of the Commission. 26

[(2)] (B) The activities of the staff ma y not duplicate or conflict with the 27
functions and services of the Division of Parole and Probation. 28

[(3)] (C) Except as otherwise provided by law, the staff is subject to the 29
provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article. 30

HOUSE BILL 16 5

[(b) (1) (i) The Secretary may appoint the hearing examiners necessary to 1
conduct parole release hearings under paragraph (2) of this subsection, as provided in the 2
State budget. 3

(ii) Each hearing examiner shall: 4

1. be appointed without regard to political affiliation; 5

2. be a resident of the State; and 6

3. have training and experience in law, sociology, psychology, 7
psychiatry, education, social work, or criminology HOLD AN UNDERGRADUAT E OR 8
ADVANCED DEGREE IN PSYCHOLOGY, PSYCHIATRY, SOCIAL WORK, EDUCATION, OR 9
COMMUNITY ORGANIZING OR HAVE ATTAINED THE EQUIVALENT OF THOSE DEGREES 10
THROUGH TRAINING OR EXPERIENCE; AND 11

4. HAVE TRAINING AND EXPERIENCE IN A FIELD LISTED 12
UNDER ITEM 3 OF THIS SUBPARAGRAPH OR IN LAW OR CRIMINOLOGY. 13

(iii) A hearing examiner is entitled to compensation in accordance 14
with the State budget. 15

(2) A hearing examiner or a commissioner acting as a hearing examiner 16
may hear cases for parole release that are not required to be heard by the Commission 17
under § 7–205(a)(3) of this subtitle.] 18

(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, NOT 19
MORE THAN 30% OF HEARING EXAMINERS MAY HAVE BEEN PREVIOUSLY EMPLOYED 20
IN THE FIELDS OF CORRECTIONAL SERVICES OR LAW ENFORCEMENT. 21

(II) THE SECRETARY MAY NOT TERMINATE A HEARING 22
EXAMINER EMPLOYED ON OCTOBER 1, 2026, IN ORDER TO REACH THE THRESHOLD 23
REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 24

7–205. 25

(a) The Commission has the exclusive power to: 26

(1) authorize the parole of an individual sentenced und er the laws of the 27
State to any correctional facility in the State; 28

(2) negotiate, enter into, and sign predetermined parole release 29
agreements as provided under subsection (b) of this section; 30

(3) hear cases for parole or administrative release [in which: 31

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(i) the Commissioner of Correction, after reviewing the 1
recommendation of the appropriate managing official, objects to a parole; 2

(ii) the incarcerated individual was convicted of a homicide; 3

(iii) the incarcerated individual is serving a sentence of life 4
imprisonment NOT LESS THAN 15 YEARS CONFINEMENT FOR A SINGLE CONVICTION; 5

(iv) the parole hearing is open to the public under § 7–304 of this title; 6

(v) the incarcerated individual fails to meet the requirements of the 7
administrative release process established under § 7–301.1 of this title; 8

(vi) a victim requests a hearing as provided under § 7 –301.1 of this 9
title; or 10

(vii) the Commission finds that a hearing for administrative release 11
is necessary under § 7–301.1 of this title]; 12

(4) [hear exceptions to recommendations of a hearing examiner or a 13
commissioner acting as a hearing examiner; 14

(5) review summarily all recommendations of a hearing examiner or a 15
commissioner acting as a hearing examiner to which an exception has not been filed; 16

(6)] hear a case for parole in absentia when an individual who was 17
sentenced in this State to serve a term of imprisonment is in a correctional facility of a 18
jurisdiction other than this State; 19

[(7)] (5) hear cases of parole revocation; 20

[(8)] (6) if delegated by the Governor, hear cases involving an alleged 21
violation of a conditional pardon; and 22

[(9)] (7) determine conditions for administrative release under § 7–301.1 23
of this title. 24

7–207. 25

(a) [(1)] Subject to the approval of the Secretary, the Commission shall adopt 26
regulations governing its policies and activities under this title. 27

[(2)] (B) Notwithstanding the provisions of § 10 –101(g)(2)(i) of the State 28
Government Article, regulations adopted under [paragraph (1) of this subsection ] 29
SUBSECTION (A) OF THIS SECTION shall comply with Title 10, Subtitle 1 of the State 30
Government Article. 31
HOUSE BILL 16 7

[(b) The Commission may adopt regulations governing: 1

(1) the conduct of proceedings before it or the hearing examiners; and 2

(2) the review and disposition of written exceptions to the recommendation 3
of a hearing examiner.] 4

7–302. 5

The Commission [or the Commission’s hearing examiners ] shall hear cases for 6
parole release: 7

(1) at least once each month at each correctional facility in the Division of 8
Correction; and 9

(2) as often as necessary at other correctional facilities in the State at 10
which incarcerated individuals eligible for parole consideration are confined. 11

7–303. 12

(a) Before any hearing on parole release, the Commission shall give the 13
incarcerated individual adequate and timely written notice of: 14

(1) the date, time, and place of the hearing; and 15

(2) the factors that the Commission [or hearing examiner] will consider in 16
determining whether the incarcerated individual is suitable for parole. 17

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 18
notice also shall indicate that, before the hearing, the incarcerated individual or the 19
incarcerated individual’s representative may, on request, examine any document that the 20
Commission [or hearing examiner ] will use in determining whether the incarcerated 21
individual is suitable for parole. 22

(ii) A document, or a portion of it, is not available for examination, if 23
the Commission determines that: 24

1. the document or portion contains a diagnostic opinion; 25

2. the incarcerated individual’s knowledge of the document 26
or portion would disrupt seriously a program of rehabilitation; 27

3. the document or portion contains sources of information 28
obtained on a promise of confidentiality; or 29

4. the document or portion is otherwise privileged. 30
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(iii) If the Commission determines that a document or a portion of it 1
is not available for examination, the Commission shall notify the incarcerated individual 2
that: 3

1. the document or portion is not available for examination; 4
and 5

2. on request and if appropriate, the Commission will provide 6
the incarcerated individual or the incarcera ted individual’s representative with the 7
substance of any information contained in the document or portion. 8

(2) The Commission shall delete the address and phone number of the 9
victim or the victim’s designated representative from a document before the i ncarcerated 10
individual or the incarcerated individual’s representative examines the document. 11

7–305. 12

Each [hearing examiner and ] commissioner determining whether an incarcerated 13
individual is suitable for parole, and the Commission before entering into a predetermined 14
parole release agreement, shall consider: 15

(1) the circumstances surrounding the crime; 16

(2) the physical, mental, and moral qualifications of the incarcerated 17
individual; 18

(3) the progress of the incarcerated individual during confinement, 19
including the academic progress of the incarcerated individual in the mandatory education 20
program required under § 22–102 of the Education Article; 21

(4) a report on a drug or alcohol evaluation that has been conducted on the 22
incarcerated ind ividual, including any recommendations concerning the incarcerated 23
individual’s amenability for treatment and the availability of an appropriate treatment 24
program; 25

(5) whether, taking into account the totality of the circumstances including 26
the age of the incarcerated individual, there is reasonable probability that the incarcerated 27
individual, if released on parole, will not recidivate; 28

(6) whether release of the incarcerated individual on parole is compatible 29
with public safety; 30

(7) an updated vi ctim impact statement or recommendation prepared 31
under § 7–801 of this title; 32

HOUSE BILL 16 9

(8) any recommendation made by the sentencing judge at the time of 1
sentencing; 2

(9) any information that is presented to a commissioner at a meeting with 3
the victim; 4

(10) any testimony presented to the Commission by the victim or the victim’s 5
designated representative under § 7–801 of this title; and 6

(11) compliance with the case plan developed under § 7–301.1 of this subtitle 7
or § 3–601 of this article. 8

[7–306. 9

(a) (1) The chairperson of the Commission shall assign hearing examiners, or 10
commissioners acting as hearing examiners, as required to hear cases for parole. 11

(2) Each proceeding before a hearing examiner shall be conducted in 12
accordance with this section. 13

(b) The Commission shall keep a record of each hearing conducted by a hearing 14
examiner. 15

(c) A hearing examiner shall determine if an incarcerated individual is suitable 16
for parole in accordance with the factors and other information specified in § 7 –305 of this 17
subtitle. 18

(d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 19
incarcerated individual of the hearing examiner’s recommendation for parole or denial of 20
parole. 21

(2) Within 21 days after the hearing, the hearing exami ner shall give to 22
the Commission, the Commissioner of Correction, and the incarcerated individual a written 23
report of the hearing examiner’s findings and recommendation for parole or denial of parole. 24

(3) The Commissioner of Correction or the incarcerated individual may file 25
with the Commission written exceptions to the report of a hearing examiner no later than 26
5 days after the report is received. 27

(e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 28
by the chairperson of the Commission shall review summarily the recommendation of the 29
hearing examiner. 30

(2) (i) The Commission, on its own initiative or on the filing of an 31
exception, may schedule a hearing on the record by the entire Commission or by a panel of 32
at least two commissioners assigned by the chairperson of the Commission. 33

10 HOUSE BILL 16

(ii) The Commission or panel shall render a written decision on the 1
appeal. 2

(iii) The decision of the Commission or panel is final. 3

(3) If an exception is not filed and the Commission does not act on its own 4
initiative within the 5–day appeal period established under subsection (d)(3) of this section, 5
the recommendation of the hearing examiner is approved.] 6

7–307. 7

(a) (1) Except as provided in subsection (c) of this section, the chai rperson of 8
the Commission shall assign at least two commissioners to hear cases for parole release as 9
a panel. 10

(2) Each proceeding before a Commission panel shall be conducted in 11
accordance with this section. 12

(b) (1) (i) A Commission panel that consists of two commissioners shall 13
determine, by unanimous vote, whether the incarcerated individual is suitable for parole 14
in accordance with the factors and other information specified in § 7–305 of this subtitle. 15

(ii) If the two –commissioner panel is unable to reach a unanimous 16
decision, the chairperson of the Commission shall convene a three –commissioner panel as 17
soon as practicable to rehear the case. 18

(2) A Commission panel that consists of three commissioners shall 19
determine, by majority vote, whether the incarcerated individual is suitable for parole in 20
accordance with the factors and other information specified in § 7–305 of this subtitle. 21

(c) For an incarcerated individual who has been sentenced to life imprisonment 22
after being convicted o f a crime committed on or after October 1, 2021, at least six 23
affirmative votes are THE AFFIRMATIVE VOTE OF A MAJORITY OF THE 24
COMMISSIONERS APPOIN TED TO THE COMMISSION IS required to approve the 25
incarcerated individual for parole, based on consideration of the factors specified in § 7–305 26
of this subtitle. 27

(d) (1) The Commission panel shall inform the incarcerated individual and the 28
appropriate correctional authority of the Commission’s decision as soon as possible. 29

(2) If parole is denied, the Commiss ion shall give the incarcerated 30
individual a written report of its findings within 30 days after the hearing. 31

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 32
Assembly that any funds budgeted for hearing examiner salaries as of the effective date of 33
this Act be re–budgeted for parole commissioner salaries. 34

HOUSE BILL 16 11

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.