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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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amendment.
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*hb0467*
HOUSE BILL 467
E5 (6lr0767)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Embry, Boyce, Fair, Kaufman, Moreno, Pasteur, Phillips,
Ruth, Simmons, Stinnett, and Wolek Wolek, Conaway, and Woods
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Correctional Services – Maryland Parole Commission and Erroneously 2
Convicted Individuals – Improvements in Transparency and Equity 3
FOR the purpose of requiring the annual report of the Maryland Parole Commission to 4
include certain information; altering a certain provision of law to require the 5
Commission to provide certain documents to a certain incarcerated individual and 6
the incarcerated individual’s representative at a certain time, rather than allow the 7
incarcerated individual to examine the documents on request; requiring the 8
Commission to document, state on the record, provide to an incarcerated individual, 9
and make available to the public certain information; altering the time periods 10
within which the Commission is required to issue certain reports; providing that the 11
Commission does not have the authority to permanently deny parole; providing that 12
a certain incarcerated individu al is entitled to a subsequent parole hearing at a 13
certain time; requiring the Commission to record each hearing at a certain time; 14
2 HOUSE BILL 467
requiring each hearing recording to be made available to the public subject to certain 1
disclosure requirements, to be redact ed in a certain manner, to be retained for a 2
certain amount of time, and to contain certain materials; prohibiting a county from 3
being a party to a certain proceeding involving an erroneously convicted individual; 4
and generally relating to the Maryland Par ole Commission and erroneously 5
convicted individuals. 6
BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 7–208, 7–303, 7–304(b), 7–305(7), 7–306, and 7–307 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11
BY adding to 12
Article – Correctional Services 13
Section 7–307.1 and 7–307.2 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 10–501(b) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Correctional Services 24
7–208. 25
(A) The Commission shall: 26
(1) maintain a record of its actions; 27
(2) make an annual report to the Governor of its work; and 28
(3) make appropriate recommendations for the improvement of its 29
functions. 30
(B) THE ANNUAL REPORT REQ UIRED UNDER SUBSECTI ON (A)(2) OF THIS 31
SECTION SHALL INCLUD E THE FOLLOWIN G INFORMATION , DISAGGREGATED BY 32
RACE OF THE RELEVANT INCARCERATED INDIVIDUALS: 33
HOUSE BILL 467 3
(1) THE NUMBER OF CASES IN WHICH THE COMMISSION GRANTED 1
PAROLE; 2
(2) THE NUMBER OF CASES IN WHICH THE COMMISSION DENIED 3
PAROLE AND THE REASON FOR EACH DENIAL; 4
(3) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO WERE 5
GRANTED ADMINISTRATIVE RELEASE; 6
(4) THE NUMBER OF HEARIN GS HELD AND THE PURP OSE OF EACH 7
HEARING; AND 8
(5) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE 9
PAROLE–ELIGIBLE BUT HAVE NOT BEEN GRANTED PAROLE; 10
(6) THE NUMBER OF ADMINISTRATIVE REVIEWS COMPLETED BY THE 11
COMMISSION; AND 12
(7) THE NUMBER OF PAROLE REVOCATION HEARINGS HELD AND THE 13
OUTCOME OF EACH PAROLE REVOCATION HEARING. 14
7–303. 15
(a) Before any hearing on parole release, the Commission shall give the 16
incarcerated individual AND THE INCARCERATED INDIVIDUAL’S REPRESENTATIVE: 17
(1) adequate and timely written notice of: 18
[(1)] (I) the date, time, and place of the hearing; and 19
[(2)] (II) the factors that the Commission or hearing examiner will 20
consider in determining whether the incarcerated individual is suitable for parole[. 21
(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 22
notice also shall indicate that, before the hearing, the incarcerated individual or the 23
incarcerated individual’s representative may, on request, examine any document]; AND 24
(2) EXCEPT AS PROVIDED I N SUBSECTION (B) OF THIS SECTION , 25
COPIES OF ALL DOCUME NTS that the Commission or hearin g examiner will use in 26
determining whether the incarcerated individual is suitable for parole, INCLUDING: 27
(I) THE CASE PLAN; 28
(II) THE PRE–PAROLE SUMMARY; 29
4 HOUSE BILL 467
(III) THE FULL REPORT OF A NY RISK ASSESSMENT C OMPLETED 1
IN PREPARATION FOR THE HEARING ON PAROLE RELEASE; AND 2
(IV) THE CASE MANAGER’S RECOMMENDATION. 3
[(ii)] (B) (1) A document, or a portion of it, is not available for 4
examination[,] if the Commission determines that: 5
[1.] (I) the document or portion contains a diagnostic 6
opinion AND THE DIAGNOSING C LINICIAN HAS DETERMI NED IN WRITING THAT 7
DISCLOSURE OF THE DIAGNOSTIC OPINION IS CONTRAINDICATED; 8
[2.] (II) the incarcerated individual’s knowledge of the 9
document or portion would disrupt seriously a program of rehabilitation; 10
[3.] (III) the document or portion contains sources of 11
information obtained on a promise of confidentiality; or 12
[4.] (IV) the document or portion is otherwise privileged. 13
[(iii)] (2) If the Commission determines that a document or a 14
portion of it is not available for examination, the Commission shall notify the incarcerated 15
individual that: 16
[1.] (I) the document or portion is not available for 17
examination; and 18
[2.] (II) on request and if appropriate, the Commission will 19
provide the incarcerated individual or the incarcerated individual’s representative with the 20
substance of any information contained in the document or portion. 21
[(2)] (C) The Commission shall delete the address and phone number of 22
the victim or the victim’s designated re presentative from a document before the 23
incarcerated individual or the incarcerated individual’s representative examines the 24
document. 25
7–304. 26
(b) The vote of each commissioner when acting collectively or in a panel, to 27
approve or deny parole, EACH COMMISSIONER’S THE PANEL ’S REASONING AND 28
JUSTIFICATIONS FOR THE COMMISSIONER’S VOTE PANEL’S DECISION, and a vote to 29
close or restrict access to a parole hearing under subsection (d) of this section, shall be made 30
available to the public. 31
HOUSE BILL 467 5
7–305. 1
Each hearing examiner and commissioner determining whether an incarcerated 2
individual is suitable for parole, and the Commission before entering into a predetermined 3
parole release agreement, shall consider: 4
(7) ANY VICTIM ’S ORIGINAL OR SUBSEQ UENTLY FILED VI CTIM 5
IMPACT STATEMENT , an updated victim impact statement , or ANY recommendation 6
prepared under § 7–801 of this title; 7
7–306. 8
(a) (1) The chairperson of the Commission shall assign hearing examiners, or 9
commissioners acting as hearing examiners, as required to hear cases for parole. 10
(2) Each proceeding before a hearing examiner shall be conducted in 11
accordance with this section. 12
(b) The Commission shall keep a record of each hearing conducted by a hearing 13
examiner. 14
(c) A hearing examiner shall det ermine if an incarcerated individual is suitable 15
for parole in accordance with the factors and other information specified in § 7 –305 of this 16
subtitle. 17
(d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 18
incarcerated individual of the hearing examiner’s recommendation for parole or denial of 19
parole. 20
(2) Within [21] 14 days after the hearing, the hearing examiner shall give 21
to the Commission, the Commissioner of Correction, and the incarcerated individual a 22
written report of the hearing examiner’s findings and recommendation for parole or denial 23
of parole , INCLUDING THE REASON ING AND JUSTIFICATIO NS FOR THE 24
RECOMMENDATION. 25
(3) The Commissioner of Correction or the incarcerated individual may file 26
with the Commission written exceptions to the report of a hearing examiner no later than 27
5 30 days after the report is received. 28
(e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 29
by the chairperson of the Commission shall review summarily the recommenda tion of the 30
hearing examiner. 31
(2) (i) The Commission, on its own initiative or on the filing of an 32
exception, may schedule a hearing on the record by the entire Commission or by a panel of 33
at least two commissioners assigned by the chairperson of the Commission. 34
6 HOUSE BILL 467
(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 30–DAY appeal period established under subsection (d)(3) of 5
this section, the recommendation of the hearing examiner is approved. 6
(4) (I) THE COMMISSION SHALL PROM PTLY GIVE THE 7
INCARCERATED INDIVIDUAL WRITTEN NOTICE OF ITS FINAL DECISION UNDER THIS 8
SECTION. 9
(II) IF THE COMMISSION’S FINAL DECISION UND ER THIS 10
SECTION IS TO DENY PAROLE, THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 11
THIS PARAGRAPH SHALL INCLUDE THE DATE OF THE INCARCERATED INDIVIDUAL’S 12
NEXT PAROLE HEARING, IN ACCORDANCE WITH § 7–307.1 OF THIS SUBTITLE. 13
7–307. 14
(a) (1) Except as provided in subsection (c) of this section, the chairperson of 15
the Commission shall assign at least two commissioners to hear cases for parole release as 16
a panel. 17
(2) Each proceeding before a Commission panel shall be conducted in 18
accordance with this section. 19
(b) (1) (i) A Commission panel that consists of two commissioners shall 20
determine, by unanimous vote, whether the incarcerated individual is suitable for parole 21
in accordance with the factors and other information specified in § 7–305 of this subtitle. 22
(ii) If the two –commissioner panel is unable to reach a unanimous 23
decision, the chairperson of the Commission shall convene a three –commissioner panel as 24
soon as practicable to rehear the case. 25
(2) A Commission panel that consists of three commissioners shall 26
determine, by majority vote, whether the incarcerated individual is suitable for parole in 27
accordance with the factors and other information specified in § 7–305 of this subtitle. 28
(c) For an incarcerated individual who has been sentenced to life imprisonment 29
after being convicted of a crime committed on or after October 1, 2021, at least six 30
affirmative votes are required to approve the incarcerated individual for parole, based on 31
consideration of the factors specified in § 7–305 of this subtitle. 32
HOUSE BILL 467 7
(d) (1) The Commission panel shall inform the incarcerated individual and the 1
appropriate correctional authority of the Commission’s FINAL decision as soon as possible, 2
BUT NOT LATER THAN 12 MONTHS AFTER THE DATE OF THE PAROLE HEARIN G, 3
INCLUDING ANY SUBSEQUENT INFORMATION GATHERING OR REVIEW. 4
(2) If parole is denied, the Commission shall, WITHIN 14 DAYS AFTER THE 5
HEARING, give the incarcerated individual: 6
(I) a written report of its findings [within 30 days after the hearing], 7
INCLUDING THE REASONING AND JUSTIFICATIONS FOR THE DECISION; AND 8
(II) WRITTEN NOTICE OF TH E DATE OF THE INCARC ERATED 9
INDIVIDUAL’S NEXT PAROLE HEARIN G, IN ACCORDANCE WITH § 7–307.1 OF THIS 10
SUBTITLE. 11
7–307.1. 12
(A) THE COMMISSION DOES NOT HAVE THE AUTHORITY TO PERMANENTLY 13
DENY PAROLE. 14
(B) AN INCARCERATED INDIV IDUAL IS ENTITLED TO A SUBSEQUENT 15
PAROLE HEARING: 16
(1) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 17
INCARCERATION OF 10 YEARS OR LESS , NOT LATER THAN 2 YEARS AFTER EACH 18
PAROLE HEARING THAT RESULTS IN A DENIAL OF PAROLE; 19
(2) EXCEPT AS PROVIDED I N ITEM (3) OF THIS SUBSECTION, FOR AN 20
INCARCERATED INDIVID UAL SENTENCED TO A P ERIOD OF INCARCERATI ON 21
EXCEEDING 10 YEARS, NOT LATER THAN 3 YEARS AFTER EACH PAR OLE HEARING 22
THAT RESULTS IN A DENIAL OF PAROLE; AND 23
(3) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 24
INCARCERATION EXCEEDING 20 YEARS FOR A CRIME AGAINST AN INDIVIDUAL, NOT 25
LATER THAN 3 YEARS AFTER THE FIRS T PAROLE HEARING THA T RESULTS IN A 26
DENIAL OF PAROLE AND NOT LATER THAN 5 YEARS THEREAFTER. 27
7–307.2. 28
(A) THE COMMISSION SHALL RECORD EACH HEARING. 29
(B) EACH HEARING RECORDING SHALL BE: 30
8 HOUSE BILL 467
(1) REDACTED OF ALL PERSONALLY IDENTIFIABLE INFORMATION OF 1
THE VICTIM; AND 2
(2) MADE READILY AVAILAB LE AT NO COST TO THE INCARCERATED 3
INDIVIDUAL; AND 4
(3) SUBJECT TO THE DISCL OSURE PROVISIONS OF § 3–602 OF THIS 5
ARTICLE. 6
(C) EACH HEARING RECORDIN G SHALL BE RETAINED ELECTRONICALLY 7
UNTIL 3 YEARS AFTER THE INCA RCERATED INDIVIDUAL IS RELEASED FROM 8
INCARCERATION, ALL POSTINCARCERATION SUPERVISION IS COMPLETED, AND ALL 9
APPEALS ARE EXHAUSTED, WHICHEVER HAPPENS LAST. 10
(D) AT THE CONC LUSION OF EACH HEARI NG, THE PRESIDING 11
COMMISSIONER SHALL STATE THE FINDINGS, REASONING, AND JUSTIFICATIONS OF 12
THE COMMISSION ON THE RECORD. 13
(E) ANY STATEMENTS , RECOMMENDATIONS, AND OTHER MATERIALS 14
CONSIDERED BY THE COMMISSION SHALL BE INCORPORATED INTO THE RECORDING 15
OF THE HEARING , UNLESS CONFIDENTIALI TY IS NECESSARY TO P RESERVE 16
INSTITUTIONAL SECURI TY OR THE SECURITY O F PERSONS WHO MIGHT BE 17
ENDANGERED BY DISCLOSURE. 18
Article – State Finance and Procurement 19
10–501. 20
(b) (1) An administrative law judge shall issue an order that an individual is 21
eligible for compensation and benefits from the State under subsection (a) of this section if: 22
(i) the individual has received from the Governor a full pardon 23
stating that the individual’s conviction has been shown conclusively to be in error; or 24
(ii) subject to paragraph (2) of this subsection, the administrative law 25
judge finds that the individual has proven by clear and convincing evidence that: 26
1. the individual was convicted, sentenced, and subsequently 27
confined for a felony or conspiracy to commit a felony; 28
2. the judgment of conviction for the felony or conspiracy to 29
commit a felony was reversed or vacated and: 30
A. the order reversing or vacating the judgment of conviction 31
did not allow for retrial; 32
HOUSE BILL 467 9
B. the charges against the individual were dismissed; or 1
C. on retrial, the individual was found not guilty; 2
3. the individual did not commit the felony or conspiracy to 3
commit a felony for which they were convicted, sentenced, and subsequently confined and 4
was not an accessory or accomplice to the felony or conspiracy to commit a felony; and 5
4. subject to paragraph (2)(ii) of this subsection, the 6
individual did not commit or suborn perjury, fabricate evidence, or by the individual’s own 7
conduct cause or bring about the conviction. 8
(2) (i) In determining the weight and admissibility of evidence presented 9
by the parties, the administrative law judge may, in the interest of justice, give due 10
consideration to the passage of time, death or unavailability of witnesses, the destruction of 11
evidence, or any other factor. 12
(ii) For the purposes of paragraph (1)(ii)4 of this subsection, 13
suborning perjury, fabricating evidence, or causing or bringing about a conviction does not 14
include: 15
1. a confession or admission later determined to be false; or 16
2. a guilty plea. 17
(3) A request for an order of eligibility under this section shall be: 18
(i) filed with the Office of Administrative Hearings; and 19
(ii) captioned “In the Matter of the Wrongful Conviction of 20
(Claimant)” or “(Claimant) v. Board of Public Works”. 21
(4) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 22
PARAGRAPH, THE following shall be parties to a proceeding under this subsection: 23
[(i)] 1. the State’s Attorney of the county where the crime was 24
committed, or the State’s Attorney’s designee; and 25
[(ii)] 2. the State, represented by the Attorney General, or the 26
Attorney General’s designee. 27
(II) 1. A COUNTY MAY NOT BE A PARTY TO A PROCEEDING 28
UNDER THIS SUBSECTION. 29
10 HOUSE BILL 467
2. A STATE’S ATTORNEY MAY NOT DESIGNATE A COUNTY 1
AS A PARTY TO A PROCEEDING UNDER THIS SUBSECTION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 3
apply retroactively and shall be applied t o and interpreted to affect any proceeding before 4
an administrative law judge brought under § 10–501 of the State Finance and Procurement 5
Article before the effective date of this Act. 6
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 7
October 1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.