§ 7-301

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§7–301.

(1)Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for incarcerated individuals in a local correctional facility and the Division of Correction make an investigation for incarcerated individuals in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an incarcerated individual who:

(i)has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and

(ii)has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.

(2)Except as provided in paragraph

(3)of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an incarcerated individual is not eligible for parole until the incarcerated individual has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.

(3)An incarcerated individual may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an incarcerated individual’s expected or newborn child if the incarcerated individual:

(i)is not serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article;

(ii)is not serving a sentence for a violation of Title 3, Subtitle 6, § 5–608(d), § 5–609(d), § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; and

(iii)has been determined to be amenable to treatment.

(4)The Division of Parole and Probation shall complete and submit to the Commission each investigation of an incarcerated individual in a local correctional facility required under paragraph

(1)of this subsection within 60 days of commitment.

(b)Except as provided in subsection

(c)of this section, if an incarcerated individual has been sentenced to a term of imprisonment during which the incarcerated individual is eligible for parole and a term of imprisonment during which the incarcerated individual is not eligible for parole, the incarcerated individual is not eligible for parole consideration under subsection

(a)of this section until the incarcerated individual has served the greater of:

(1)one–fourth of the incarcerated individual’s aggregate sentence; or

(2)a period equal to the term during which the incarcerated individual is not eligible for parole.

(i)Except as provided in subparagraph

(ii)of this paragraph, an incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the incarcerated individual has served the greater of:

1. one–half of the incarcerated individual’s aggregate sentence for violent crimes; or

2. one–fourth of the incarcerated individual’s total aggregate sentence.

(ii)An incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the incarcerated individual is eligible for parole and a term during which the incarcerated individual is not eligible for parole, is not eligible for parole until the incarcerated individual has served the greater of:

1. one–half of the incarcerated individual’s aggregate sentence for violent crimes;

2. one–fourth of the incarcerated individual’s total aggregate sentence; or

3. a period equal to the term during which the incarcerated individual is not eligible for parole.

(2)An incarcerated individual who is serving a term of imprisonment for a violent crime committed on or after October 1, 1994, shall receive an administrative review of the incarcerated individual’s progress in the correctional facility after the incarcerated individual has served the greater of:

(i)one–fourth of the incarcerated individual’s aggregate sentence; or

(ii)if the incarcerated individual is serving a term of imprisonment that includes a mandatory term during which the incarcerated individual is not eligible for parole, a period equal to the term during which the incarcerated individual is not eligible for parole.

(1)Except as provided in paragraphs

(2)and

(3)of this subsection:

(i)an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and

(ii)an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

(2)An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

(i)If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under § 2–203 or § 2–304 of the Criminal Law Article, the incarcerated individual is not eligible for parole consideration and may not be granted parole at any time during the incarcerated individual’s sentence.

(ii)This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7–601 of this title.

(e)An incarcerated individual who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the incarcerated individual has served in confinement one–half of the incarcerated individual’s aggregate sentence.