12.08.02.04

.04 Scheduling an Open Parole Release Hearing.

A. Inmates under the Jurisdiction of the Division of Correction.

(1) Hearing Sites.

(a) An open parole release hearing shall be held at a regional open hearing center designated by the Commissioner.

(b) The regional open hearing centers will serve the Division of Correction facilities and institutional complexes located in the various geographical regions of the State.

(c) There may be more than one regional open hearing center in a geographical region if institutional security requires the establishment of separate open hearing centers within a geographical region.

(d) The following geographical regions will be sites of a regional open hearing center or centers:

(i) Baltimore, Maryland;

(ii) Cresaptown, Maryland;

(iii) Hagerstown, Maryland;

(iv) Jessup, Maryland; and

(v) Westover, Maryland.

(2) Notification.

(a) After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date.

(b) The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to hold the open parole release hearing at a regional open hearing center.

(c) At least 90 days before the open parole release hearing date, the Commission shall inform the victim in writing of the date, time, and place of the open parole release hearing.

(d) At least 60 days before the open parole release hearing date, the Commission shall inform the Commissioner in writing of the date, time, and place of the open parole release hearing.

(e) Once notified of the date, time, and place of the open parole release hearing, the Division of Correction may not transfer the inmate from the jurisdiction of the regional center serving the facility where the inmate is housed until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming.

(f) If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a facility served by a different regional open hearing center, the inmate shall be returned to the original regional open hearing center for the open parole release hearing.

(3) Location. An open parole release hearing shall be held only at a regional open hearing center designated in §A(1) of this regulation.

B. Inmates under the Jurisdiction of a Local Jail or Detention Center.

(1) Hearing Sites. An open parole release hearing shall be held at the local jail or detention center where the inmate convicted of the violent crime is committed.

(2) Notification.

(a) After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date.

(b) The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to accommodate the scheduling of an open parole release hearing at a local jail or detention center.

(c) At least 90 days before the open parole release hearing date, the Chairman shall inform the victim in writing of the date, time, and place of the open parole release hearing.

(d) At least 60 days before the open parole release hearing date, the Chairman shall inform the warden or superintendent of the local jail or detention center in writing of the date, time, and place of the open parole release hearing.

(e) Once notified of the date, time, and place of the open parole release hearing, the local jail or detention center may not transfer the inmate to a different facility until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming.

(f) If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a different facility, the inmate shall be returned to the original local jail or detention center for the open parole release hearing.

(3) Location. An open parole release hearing shall be held only at the local jail or detention center where the violent offender is committed.