§ 4-301

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§4–301.

(1)The Director may request that the Commissioner refer an incarcerated individual to the Institution for evaluation as to whether the incarcerated individual is an eligible person if the incarcerated individual:

(i)is serving a sentence of imprisonment following conviction of a crime;

(ii)has more than 3 years remaining to serve on a sentence;

(iii)has not been evaluated by or confined at the Institution within the preceding 3 years;

(iv)is not disqualified from being an eligible person under § 4–101(e)(2) of this title; and

(v)meets the eligibility criteria that the Secretary establishes under § 4–208(b) of this title.

(2)The request that the Commissioner refer an incarcerated individual to the Institution shall be based:

(i)on recommendation of the sentencing court;

(ii)on application by the incarcerated individual or the State’s Attorney of the county in which the incarcerated individual was last convicted; or

(iii)on the Commissioner’s own initiative.

(3)The Commissioner shall promptly refer any incarcerated individual requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk.

(1)Within 6 months after an incarcerated individual is referred to the Institution, an evaluation team shall examine the incarcerated individual.

(2)Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the incarcerated individual provided for in § 4–209 of this title.

(1)Based on the information reviewed under subsection (b)(2) of this section and an examination of the incarcerated individual, the evaluation team shall determine whether, in the opinion of a majority of the team, the incarcerated individual is an eligible person.

(2)The evaluation team shall submit to the Director a written report that states its findings.

(3)The report shall state in detail the reasoning supporting the team’s conclusion with respect to each of the criteria for an eligible person set forth in § 4–101(e) of this title.