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*sb0822*
SENATE BILL 822
E5 6lr0726
HB 1147/25 – JUD CF HB 467
By: Senator Smith
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 3, 2026
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; a ltering 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 individual is entitled to a subsequent pa role hearing at a 13
certain time; requiring the Commission to record each hearing at a certain time; 14
requiring each hearing recording to be made available to the public subject to certain 15
disclosure requirements, to be redacted in a certain manner, to be ret ained for a 16
certain amount of time, and to contain certain materials; prohibiting a county from 17
being a party to a certain proceeding involving an erroneously convicted individual; 18
and generally relating to the Maryland Parole Commission and erroneously 19
convicted individuals. 20
BY repealing and reenacting, with amendments, 21
Article – Correctional Services 22
Section 7–208, 7–303, 7–304(b), 7–305(7), 7–306, and 7–307 23
Annotated Code of Maryland 24
2 SENATE BILL 822
(2025 Replacement Volume) 1
BY adding to 2
Article – Correctional Services 3
Section 7–307.1 and 7–307.2 4
Annotated Code of Maryland 5
(2025 Replacement Volume) 6
BY repealing and reenacting, with amendments, 7
Article – State Finance and Procurement 8
Section 10–501(b) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Correctional Services 14
7–208. 15
(A) The Commission shall: 16
(1) maintain a record of its actions; 17
(2) make an annual report to the Governor of its work; and 18
(3) make appropriate recommendations for the improvement of its 19
functions. 20
(B) THE ANNUAL REPORT REQ UIRED UNDER SUBSECTI ON (A)(2) OF THIS 21
SECTION SHALL INCLUD E THE FOLLOWING INFO RMATION, DISAGGREGATED BY 22
RACE OF THE RELEVANT INCARCERATED INDIVIDUALS: 23
(1) THE NUMBER OF CASES IN WHICH THE COMMISSION GRANTED 24
PAROLE; 25
(2) THE NUMBER OF CASES IN WHICH THE COMMISSION DENIED 26
PAROLE AND THE REASON FOR EACH DENIAL; 27
(3) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO WERE 28
GRANTED ADMINISTRATIVE RELEASE; 29
(4) THE NUMBER OF HEARIN GS HELD AND THE PURP OSE OF EACH 30
HEARING; AND 31
SENATE BILL 822 3
(5) THE NUMBER OF INCARC ERATED INDIVIDUALS W HO ARE 1
PAROLE–ELIGIBLE BUT HAVE NOT BEEN GRANTED PAROLE; 2
(6) THE NUMBER OF ADMINISTRATIVE REVIEWS COMPLETED BY THE 3
COMMISSION; AND 4
(7) THE NUMBER OF PAROLE REVOCATION HEARINGS HELD AND THE 5
OUTCOME OF EACH PAROLE REVOCATION HEARING. 6
7–303. 7
(a) Before any hearing on parole release, the Commission shall give the 8
incarcerated individual AND THE INCARCERATED INDIVIDUAL’S REPRESENTATIVE: 9
(1) adequate and timely written notice of: 10
[(1)] (I) the date, time, and place of the hearing; and 11
[(2)] (II) the factors that the Commission or hearing examiner will 12
consider in determining whether the incarcerated individual is suitable for parole[. 13
(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the 14
notice also shall indicate that, before the hearing, the incarcerated individual or the 15
incarcerated individual’s representative may, on request, examine any document]; AND 16
(2) EXCEPT AS PROVIDED I N SUBSECTION (B) OF THIS SECTION , 17
COPIES OF ALL DOCUME NTS that the Commission or hearin g examiner will use in 18
determining whether the incarcerated individual is suitable for parole, INCLUDING: 19
(I) THE CASE PLAN; 20
(II) THE PRE–PAROLE SUMMARY; 21
(III) THE FULL REPORT OF A NY RISK ASSESSMENT C OMPLETED 22
IN PREPARATION FOR THE HEARING ON PAROLE RELEASE; AND 23
(IV) THE CASE MANAGER’S RECOMMENDATION. 24
[(ii)] (B) (1) A document, or a portion of it, is not available for 25
examination[,] if the Commission determines that: 26
[1.] (I) the document or portion contains a diagnostic 27
opinion AND THE DIAGNOSING C LINICIAN HAS DETERMI NED IN WRITING THAT 28
DISCLOSURE OF THE DIAGNOSTIC OPINION IS CONTRAINDICATED; 29
4 SENATE BILL 822
[2.] (II) the incarcerated individual’s knowledge of the 1
document or portion would disrupt seriously a program of rehabilitation; 2
[3.] (III) the document or portion contains sources of 3
information obtained on a promise of confidentiality; or 4
[4.] (IV) the document or portion is otherwise privileged. 5
[(iii)] (2) If the Commission determines that a document or a 6
portion of it is not available for examination, the Commission shall notify the incarcerated 7
individual that: 8
[1.] (I) the document or portion is not available for 9
examination; and 10
[2.] (II) on request and if appropriate, the Commission will 11
provide the incarcerated individual or the incarcerated individual’s representative with the 12
substance of any information contained in the document or portion. 13
[(2)] (C) The Commission shall delete the address and phone number of 14
the victim or the victim’s designat ed representative from a document before the 15
incarcerated individual or the incarcerated individual’s representative examines the 16
document. 17
7–304. 18
(b) The vote of each commissioner when acting collectively or in a panel, to 19
approve or deny parole, EACH COMMISSIONER’S THE PANEL ’S REASONING AND 20
JUSTIFICATIONS FOR THE COMMISSIONER’S VOTE PANEL’S DECISION, and a vote to 21
close or restrict access to a parole hearing under subsection (d) of this section, shall be made 22
available to the public. 23
7–305. 24
Each hea ring examiner and commissioner determining whether an incarcerated 25
individual is suitable for parole, and the Commission before entering into a predetermined 26
parole release agreement, shall consider: 27
(7) ANY VICTIM ’S ORIGINAL OR SUBSEQ UENTLY FILED VICTI M 28
IMPACT STATEMENT , an updated victim impact statement , or ANY recommendation 29
prepared under § 7–801 of this title; 30
7–306. 31
(a) (1) The chairperson of the Commission shall assign hearing examiners, or 32
commissioners acting as hearing examiners, as required to hear cases for parole. 33
SENATE BILL 822 5
(2) Each proceeding before a hearing examiner shall be conducted in 1
accordance with this section. 2
(b) The Commission shall keep a record of each hearing conducted by a hearing 3
examiner. 4
(c) A hearing examiner shall determ ine if an incarcerated individual is suitable 5
for parole in accordance with the factors and other information specified in § 7 –305 of this 6
subtitle. 7
(d) (1) At the conclusion of the hearing, the hearing examiner shall inform the 8
incarcerated individual of the hearing examiner’s recommendation for parole or denial of 9
parole. 10
(2) Within [21] 14 days after the hearing, the hearing examiner shall give 11
to the Commission, the Commissioner of Correction, and the incarcerated individual a 12
written report of the hearing examiner’s findings and recommendation for parole or denial 13
of parole , INCLUDING THE REASONING AND JUSTIF ICATIONS FOR THE 14
RECOMMENDATION. 15
(3) The Commissioner of Correction or the incarcerated individual may file 16
with the Commission written exceptions to the report of a hearing examiner no later than 17
5 30 days after the report is received. 18
(e) (1) Subject to paragraph (2) of this subsection, one commissioner assigned 19
by the chairperson of the Commission shall review summarily the recommendation of the 20
hearing examiner. 21
(2) (i) The Commission, on its own initiative or on the filing of an 22
exception, may schedule a hearing on the record by the entire Commission or by a panel of 23
at least two commissioners assigned by the chairperson of the Commission. 24
(ii) The Commission or panel shall render a written decision on the 25
appeal. 26
(iii) The decision of the Commission or panel is final. 27
(3) If an exception is not filed and the Commission does not act on its own 28
initiative within the 5–day 30–DAY appeal period established under subsection (d)(3) of 29
this section, the recommendation of the hearing examiner is approved. 30
(4) (I) THE COMMISSION SHALL PROM PTLY GIVE THE 31
INCARCERATED INDIVIDUAL WRITTEN NOTICE OF ITS FINAL DECISION UNDER THIS 32
SECTION. 33
6 SENATE BILL 822
(II) IF THE COMMISSION’S FINAL DECISION UND ER THIS 1
SECTION IS TO DENY PAROLE, THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 2
THIS PARAGRAPH SHALL INCLUDE THE DATE OF THE INCARCERATED INDIVIDUAL’S 3
NEXT PAROLE HEARING, IN ACCORDANCE WITH § 7–307.1 OF THIS SUBTITLE. 4
7–307. 5
(a) (1) Except as provided in subsection (c) of this section, the ch airperson of 6
the Commission shall assign at least two commissioners to hear cases for parole release as 7
a panel. 8
(2) Each proceeding before a Commission panel shall be conducted in 9
accordance with this section. 10
(b) (1) (i) A Commission panel that cons ists of two commissioners shall 11
determine, by unanimous vote, whether the incarcerated individual is suitable for parole 12
in accordance with the factors and other information specified in § 7–305 of this subtitle. 13
(ii) If the two –commissioner panel is u nable to reach a unanimous 14
decision, the chairperson of the Commission shall convene a three –commissioner panel as 15
soon as practicable to rehear the case. 16
(2) A Commission panel that consists of three commissioners shall 17
determine, by majority vote, whe ther the incarcerated individual is suitable for parole in 18
accordance with the factors and other information specified in § 7–305 of this subtitle. 19
(c) For an incarcerated individual who has been sentenced to life imprisonment 20
after being convicted of a crime committed on or after October 1, 2021, at least six 21
affirmative votes are required to approve the incarcerated individual for parole, based on 22
consideration of the factors specified in § 7–305 of this subtitle. 23
(d) (1) The Commission panel shall inform the incarcerated individual and the 24
appropriate correctional authority of the Commission’s FINAL decision as soon as possible, 25
BUT NOT LATER THAN 12 MONTHS AFTER THE DAT E OF THE PAROLE HEAR ING, 26
INCLUDING ANY SUBSEQUENT INFORMATION GATHERING OR REVIEW. 27
(2) If parole is denied, the Commission shall, WITHIN 14 DAYS AFTER THE 28
HEARING, give the incarcerated individual: 29
(I) a written report of its findings [within 30 days after the hearing], 30
INCLUDING THE REASONING AND JUSTIFICATIONS FOR THE DECISION; AND 31
(II) WRITTEN NOTICE OF TH E DATE OF THE INCARC ERATED 32
INDIVIDUAL’S NEXT PAROLE HEARIN G, IN ACCORDANCE WITH § 7–307.1 OF THIS 33
SUBTITLE. 34
SENATE BILL 822 7
7–307.1. 1
(A) THE COMMISSION DOES NOT HAVE THE AUTHORITY TO PERMANENTLY 2
DENY PAROLE. 3
(B) AN INCARCERATED INDIV IDUAL IS ENTITLED TO A SUBSEQUENT 4
PAROLE HEARING: 5
(1) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 6
INCARCERATION OF 10 YEARS OR LESS , NOT LATER THAN 2 YEARS AFTER EACH 7
PAROLE HEARING THAT RESULTS IN A DENIAL OF PAROLE; 8
(2) EXCEPT AS PROVIDED I N ITEM (3) OF THIS SUBSECTION, FOR AN 9
INCARCERATED INDIVID UAL SENTENCED TO A P ERIOD OF INCARCERATI ON 10
EXCEEDING 10 YEARS, NOT LATER THAN 3 YEARS AFTER EACH PAR OLE HEARING 11
THAT RESULTS IN A DENIAL OF PAROLE; AND 12
(3) FOR AN INCARCERATED INDIVIDUAL SENTENCED TO A PERIOD OF 13
INCARCERATION EXCEEDING 20 YEARS FOR A CRIME AGAINST AN INDIVIDUAL, NOT 14
LATER THAN 3 YEARS AFTER THE FIRS T PAROLE HEARING THA T RESULTS IN A 15
DENIAL OF PAROLE AND NOT LATER THAN 5 YEARS THEREAFTER. 16
7–307.2. 17
(A) THE COMMISSION SHALL RECORD EACH HEARING. 18
(B) EACH HEARING RECORDING SHALL BE: 19
(1) REDACTED OF ALL PERSONALLY IDENTIFIABLE INFORMATION OF 20
THE VICTIM; AND 21
(2) MADE READILY AVAILAB LE AT NO COST TO THE INCARCERATED 22
INDIVIDUAL; AND 23
(3) SUBJECT TO THE DISCL OSURE PROVISIONS OF § 3–602 OF THIS 24
ARTICLE. 25
(C) EACH HEARING RECORDIN G SHALL BE RETAINED ELECTRONICALLY 26
UNTIL 3 YEARS AFTER THE INCA RCERATED INDIVIDUAL IS RELEASED FROM 27
INCARCERATION, ALL POSTINCARCERATION SUPERVISION IS COMPLETED, AND ALL 28
APPEALS ARE EXHAUSTED, WHICHEVER HAPPENS LAST. 29
8 SENATE BILL 822
(D) AT THE CONCLUSION OF EACH HEARING , THE PRESIDING 1
COMMISSIONER SHALL STATE THE FINDINGS, REASONING, AND JUSTIFICATIONS OF 2
THE COMMISSION ON THE RECORD. 3
(E) ANY STATEMENTS , RECOMMENDATIONS, AND OT HER MATERIALS 4
CONSIDERED BY THE COMMISSION SHALL BE INCORPORATED INTO THE RECORDING 5
OF THE HEARING , UNLESS CONFIDENTIALI TY IS NECESSARY TO P RESERVE 6
INSTITUTIONAL SECURI TY OR THE SECURITY O F PERSONS WHO MIGHT BE 7
ENDANGERED BY DISCLOSURE. 8
Article – State Finance and Procurement 9
10–501. 10
(b) (1) An administrative law judge shall issue an order that an individual is 11
eligible for compensation and benefits from the State under subsection (a) of this section if: 12
(i) the individual has received from the Governor a full pardon 13
stating that the individual’s conviction has been shown conclusively to be in error; or 14
(ii) subject to paragraph (2) of this subsection, the administrative 15
law judge finds that the individual has proven by clear and convincing evidence that: 16
1. the individual was convicted, sentenced, and subsequently 17
confined for a felony or conspiracy to commit a felony; 18
2. the judgment of conviction for the felony or conspiracy to 19
commit a felony was reversed or vacated and: 20
A. the order reversing or vacating the judgment of conviction 21
did not allow for retrial; 22
B. the charges against the individual were dismissed; or 23
C. on retrial, the individual was found not guilty; 24
3. the individual did not commit the felony or conspiracy to 25
commit a felony for which they were convicted, sentenced, and subsequently confined and 26
was not an accessory or accomplice to the felony or conspiracy to commit a felony; and 27
4. subject to paragraph (2)(ii) of this subsection, the 28
individual did not commit or suborn perjury, fabricate evidence, or by the individual’s own 29
conduct cause or bring about the conviction. 30
(2) (i) In determining the weight and admissibility of evidence 31
presented by the parties, the administrative law judge ma y, in the interest of justice, give 32
SENATE BILL 822 9
due consideration to the passage of time, death or unavailability of witnesses, the 1
destruction of evidence, or any other factor. 2
(ii) For the purposes of paragraph (1)(ii)4 of this subsection, 3
suborning perjury, fabricating evidence, or causing or bringing about a conviction does not 4
include: 5
1. a confession or admission later determined to be false; or 6
2. a guilty plea. 7
(3) A request for an order of eligibility under this section shall be: 8
(i) filed with the Office of Administrative Hearings; and 9
(ii) captioned “In the Matter of the Wrongful Conviction of 10
(Claimant)” or “(Claimant) v. Board of Public Works”. 11
(4) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 12
PARAGRAPH, THE following shall be parties to a proceeding under this subsection: 13
[(i)] 1. the State’s Attorney of the county where the crime was 14
committed, or the State’s Attorney’s designee; and 15
[(ii)] 2. the State, represented by the Attorney General, or the 16
Attorney General’s designee. 17
(II) 1. A COUNTY MAY NOT BE A PARTY TO A PROCEEDIN G 18
UNDER THIS SUBSECTION. 19
2. A STATE’S ATTORNEY MAY NOT DESIGNATE A COUNTY 20
AS A PARTY TO A PROCEEDING UNDER THIS SUBSECTION. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 22
apply retroactively and shall be applied to and interpreted to affect any proceeding before 23
an administrative law judge brought under § 10–501 of the State Finance and Procurement 24
Article before the effective date of this Act. 25
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27