12.08.02.10

.10 Conduct of the Open Parole Release Hearing.

A. An open parole release hearing session shall commence promptly at 9:30 a.m. unless another time has been set.

B. Conduct When Cases Are Called.

(1) Cases shall be called in the order docketed by the Commission, subject to the availability of the inmate and the security requirements of the institution, but the order may be changed at any time by the Commission.

(2) When the case is called, the victim, the victim's companion, and preapproved members of the general public shall be ready and shall immediately present themselves to institutional staff for an escort to the hearing area.

(3) A victim, victim's companion, or preapproved member of the general public who fails to respond when the inmate's case is called may not be admitted to the hearing.

C. Observing an Open Parole Release Hearing.

(1) The victim and other attendees may observe the open parole release hearing, but may not provide oral or written testimony at the open parole release hearing.

(2) Under Correctional Services Article, 7-801, Annotated Code of Maryland, the victim, at least 30 days before the open parole release hearing, may:

(a) Make a written recommendation to the Commission on the advisability of releasing the inmate on parole; and

(b) Request that an inmate be prohibited from having any contact with the victim as a condition of parole.

(3) A written recommendation on the advisability of parole, a request for a special condition of parole prohibiting contact by the inmate, or an updated victim impact statement prepared in conformity with Correctional Services Article, 7-801, Annotated Code of Maryland, shall be considered at the parole release hearing by a hearing official.

(4) The victim may request a meeting with a Commission member at the Commission's Executive Offices.

D. An attendee of an open parole release hearing may not:

(1) Film or videotape the hearing;

(2) Record the oral testimony by electronic recording devices or stenographic means; or

(3) Take still photographs.

E. The victim and other attendees may observe the entire open parole release hearing unless a hearing official, by formal action, closes the hearing for any of the following reasons:

(1) To receive oral testimony that, if disclosed to the general public, would violate the doctor/patient privilege; or

(2) To deliberate upon oral testimony and other relevant information received at the parole release hearing.

F. A hearing official may deny admission or continued attendance at an open parole release hearing to a victim or any other attendee who by word, action, or gesture:

(1) Threatens or presents a danger to the security of the institution where the parole release hearing is being held;

(2) Threatens or presents a danger to other attendees or participants; or

(3) Disrupts the parole release hearing.

G. Conclusion of Oral Testimony.

(1) At the conclusion of oral testimony and deliberation, the hearing official conducting the hearing shall announce to the inmate, the victim, and other attendees the outcome of the hearing.

(2) If the open parole release hearing is conducted by a panel of Commission members, the vote of each member shall be announced.

(3) If the parole release hearing is conducted by a hearing examiner or a Commission member acting as a hearing examiner, the hearing examiner's recommendation to the Commission shall be announced.

H. A decision by a panel of Commission members, or recommendation by a hearing examiner to defer a final formal action in the inmate's case pending the receipt of additional information considered necessary by a hearing official, shall be announced.

I. A decision by a panel of Commission members to defer a final formal action in the inmate's case to permit consideration by the Commission en banc shall be announced.