Bill Summary – FastDemocracy

SB 202
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                                 Enrolled - Revised
Senate Bill 202                  (Senator Kelley, et al.)
Judicial Proceedings                                                                 Judiciary
                   Correctional Services - Parole - Life Imprisonment
This bill increases the amount of time that an inmate who has been sentenced to life
imprisonment, after being convicted of a crime committed on or after October 1, 2021,
must serve before being eligible for parole consideration from 15 years to 20 years, or its
equivalent considering allowances for diminution credits. When the Maryland Parole
Commission (MPC) hears a case for parole release for an eligible inmate who has been
sentenced to life imprisonment after being convicted of a crime committed on or after
October 1, 2021, at least six affirmative votes are required to approve the inmate for parole,
based on consideration of specified factors pursuant to current law. The bill also eliminates
a requirement that the parole of a person serving a parole-eligible life sentence in a State
correctional facility or the Patuxent Institution, subsequent to a recommendation for that
parole by MPC or the Patuxent Board of Review (PBR), be approved by the Governor.
                                     Fiscal Summary
State Effect: Overall, the bill is not anticipated to significantly affect State finances in the
near term. The bill’s changes that alter the time period that certain inmates sentenced to
life imprisonment must serve before becoming eligible for parole consideration may
increase general fund incarceration expenditures in the future, as discussed below.
Local Effect: None.
Small Business Effect: None.
                                          Analysis
Current Law:
Parole
MPC has the exclusive power to authorize the parole of an inmate in State correctional
facilities. PBR has the exclusive power to recommend an inmate of the Patuxent Institution
for parole to the Secretary of Public Safety and Correctional Services or the Governor. The
parole of any person serving a parole-eligible term of life in either a State correctional
facility or the Patuxent Institution requires the approval of the Governor.
A person sentenced to a term of incarceration of six months or more is entitled to a parole
hearing after having served one-fourth of the term or consecutive terms. A person serving
a sentence for a crime of violence is not entitled to a parole hearing until after having served
one-half of the term. Certain persons are not eligible for parole while serving a mandatory
minimum sentence. A person sentenced to life imprisonment is not eligible for parole
consideration until that person has served 15 years less diminution credits earned. A person
sentenced to life imprisonment for first-degree murder whose case started as a death
penalty proceeding is not eligible for parole consideration until that person has served
25 years less diminution credits earned. An inmate sentenced to life imprisonment without
the possibility of parole is not eligible for parole consideration and may not be granted
parole at any time during the inmate’s sentence. This does not restrict the authority of the
Governor to pardon or remit any part of a sentence.
Chapter 299 of 2008 established medical parole as a form of release from incarceration in
a State or local correctional facility for incapacitated inmates who, as a result of a medical
or mental health condition, disease, or syndrome, pose no danger to public safety.
Chapter 515 of 2016 requires that, beginning October 1, 2017, if MPC decides to grant
medical parole, the decision be transmitted to the Governor. The Governor is then required
to disapprove a recommendation for medical parole within 180 days of the decision by
MPC. If the Governor does not disapprove the decision within that timeframe, the decision
to grant parole becomes effective.
Chapter 623 of 2011 provided that if MPC or PBR decides to grant parole to an inmate
sentenced to life imprisonment who has served 25 years without application of diminution
of confinement credits, the decision must be transmitted to the Governor, who may
disapprove the decision in writing within 180 days. However, if the Governor does not
disapprove the decision within that timeframe, the decision to grant parole becomes
effective. For individuals whose parole recommendation was pending approval by the
Governor on October 1, 2011, and who had served 25 years without consideration for
diminution credits, the Governor had 180 days after that date to disapprove the
recommendation or the parole became effective. Chapter 623 retained provisions requiring
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gubernatorial approval for parole of an eligible person or inmate serving a term of life
imprisonment who has served 15 years considering allowances for diminution credits (or
25 years in the case of a person whose case started as a death penalty proceeding).
Generally, the chairperson of MPC must assign at least two commissioners to hear cases
for parole release as a panel. The panel must determine, by unanimous vote, if the inmate
is suitable for parole based on specified factors and information. If the panel is unable to
reach a unanimous decision, the chairperson of MPC must convene a three-commissioner
panel as soon as practicable to rehear the case. In such a case, the panel must determine,
by majority vote, if the inmate is suitable for parole. The MPC panel must inform the
inmate and the appropriate correctional authority of the decision as soon as possible. If
parole is denied, MPC must give the inmate a written report of its findings within 30 days
after the hearing.
Diminution Credits
Generally, inmates sentenced to a State correctional facility are entitled to earn diminution
of confinement credits to reduce the lengths of their incarcerations. The following types of
inmates may not earn diminution credits:
      an inmate who is serving a sentence for first- or second-degree rape against a victim
       younger than 16;
      an inmate who is serving a sentence for first- or second-degree sexual offense, as
       the offenses existed before October 1, 2017, against a victim younger than 16;
      an inmate who is serving a sentence for a subsequent conviction of third-degree
       sexual offense against a victim younger than 16; and
      an inmate imprisoned for a lifetime sexual offender supervision violation.
Diminution credits are deducted from an inmate’s “term of confinement,” which is defined
as (1) the length of the sentence, for a single sentence or (2) the period from the first day
of the sentence that begins first through the last day of the sentence that ends last, for
concurrent sentences, partially concurrent sentences, consecutive sentences, or a
combination of concurrent and consecutive sentences.
Diminution credits are made for good conduct, work tasks, education, and special projects
or programs. For additional information on diminution credits, see the Maryland
Diminution Credit System report published by the Department of Legislative Services
(DLS) in December 2020.
State Fiscal Effect: The Department of Public Safety and Correctional Services (DPSCS)
is unable to reliably predict the pace of potential parole approvals by MPC under the bill.
SB 202/ Page 3
Overall, the bill is not anticipated to significantly affect State finances in the near term. The
bill’s changes that alter the time period that certain inmates sentenced to life imprisonment
must serve before becoming eligible for parole consideration may increase general fund
incarceration expenditures in the future, as discussed below.
Increasing Minimum Time Served for Parole Eligibility
DPSCS notes that parole eligibility does not necessarily result in a parole release,
especially for inmates serving life sentences. Under current law, inmates sentenced to life
imprisonment must serve 15 years minus diminution credits or 25 years minus diminution
credits (for cases in which a life without parole or death sentence was sought but not
imposed by the court) to be eligible for parole. According to DPSCS, in fiscal 2020,
54 inmates entered State correctional facilities given a sentence of life that are eligible for
parole in 15 years.
While these provisions have no fiscal impact within the next five years, there may be an
increase in incarceration expenditures beginning in 2036 (not taking into account any
potential diminution credits), when inmates who otherwise might be released on parole will
remain incarcerated for longer periods of time under the bill. In addition, some initial parole
hearings may be delayed under these provisions, but any impact on parole hearings from
these provisions is not anticipated to materially affect State expenditures at that time.
Parole Hearings for Certain Inmates Serving Life Sentences
DPSCS advises that MPC can convene the full 10-member commission for parole panels
for inmates sentenced to life imprisonment for a crime committed on or after
October 1, 2021, with existing resources.
Eliminating the Governor’s Approval for the Parole of Inmates Serving Life Sentences
With respect to bills introduced during prior sessions that eliminated gubernatorial
approval for these same inmates, MPC advised that the bill’s changes would not alter other
parole eligibility considerations. To the extent that additional paroles of inmates serving
life terms are granted by removing the need for the Governor’s approval, DPSCS could
experience minimal savings; however, any savings are not anticipated to significantly
affect State finances.
                                 Additional Information
Prior Introductions: HB 1219 of 2020, a similar bill, passed the House and was referred
to the Senate Judicial Proceedings Committee, but no further action was taken. Its
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cross file, SB 817, received a hearing in the Senate Judicial Proceedings Committee, but
no further action was taken.
Designated Cross File: None.
Information Source(s): Governor’s Office; Department of Public Safety and Correctional
Services; Department of Legislative Services
 Fiscal Note History:    First Reader - January 19, 2021
 rh/lgc                  Third Reader - March 26, 2021
                                Revised - Amendment(s) - March 26, 2021
                                Revised - Clarification - March 26, 2021
                         Enrolled - May 7, 2021
                                Revised - Amendment(s) - May 7, 2021
 Analysis by: Thomas S. Elder                        Direct Inquiries to:
                                                     (410) 946-5510
                                                     (301) 970-5510
SB 202/ Page 5
Statutes affected: 
Text - First - Correctional Services - Parole - Life Imprisonment: 4-305 Correctional Services, 6-218 Correctional Services, 7-301 Correctional Services, 6-218 Correctional Services, 6-218 Correctional Services, 6-218 Correctional Services
Text - Third - Correctional Services - Parole - Life Imprisonment: 4-305 Correctional Services, 6-218 Correctional Services, 7-301 Correctional Services, 6-218 Correctional Services, 6-218 Correctional Services, 6-218 Correctional Services, 7-307 Correctional Services
Text - Enrolled - Correctional Services - Parole - Life Imprisonment: 4-305 [], 6-218 [], 6-218 [], 7-301 [], 6-218 [], 6-218 [], 6-218 [], 7-307 [], 7-305 []