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Is it really parole-eligible if inmates can't get a hearing? Time to modernize Maryland parole
Is it really parole-eligible if inmates can't get a hearing? Time to modernize Maryland parole

Yahoo

time24-03-2025

  • Politics
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Is it really parole-eligible if inmates can't get a hearing? Time to modernize Maryland parole

(Illustration by Pict Rider/iStock Getty Images Plus) Maryland's parole system has fallen far behind national standards, refusing eligible individuals parole hearings and allowing department staff – rather than appointed parole commissioners – to conduct the majority of parole hearings. Two bills that passed the House this session, House Bill 1147, sponsored by Del. Elizabeth Embry (D-Baltimore City) and others, and House Bill 1156, sponsored by Del. N. Scott Phillips (D-Baltimore County), aim to correct these fundamental issues and ensure that parole operates as intended. In Maryland, state law does not explicitly state that a parole-eligible person ever has to get a parole hearing. It has been the practice of the Parole Commission (parole board) that incarcerated people are given at least one hearing and, if they are denied, must apply for all future hearings. Maryland Matters welcomes guest commentary submissions at editor@ We suggest a 750-word limit and reserve the right to edit or reject submissions. We do not accept columns that are endorsements of candidates, and no longer accept submissions from elected officials or political candidates. Opinion pieces must be signed by at least one individual using their real name. We do not accept columns signed by an organization. Commentary writers must include a short bio and a photo for their bylines. Views of writers are their own. Maryland is one of only four states that requires applications for subsequent hearings – alongside Delaware, Idaho, and Utah – and the Parole Commission routinely refuses these hearing applications. Over the past two years, the commission has refused hearings to more than 1,000 people each year (1,126 in 2023 and 1,159 in 2024), including hundreds of hearings for people in prison for nonviolent offenses. These aren't parole denials, these are denials of the request for a hearing. The Parole Commission is effectively refusing parole eligibility to thousands of people whom both the legislature and courts have already determined to be eligible. It's currently within the Parole Commission's authority to refuse people's request for a hearing each time they apply, effectively changing a parole-eligible sentence to one without parole. This practice was not the intent of the legislature. Is a sentence really parole-eligible if the law doesn't state that you actually get a parole hearing? HB1147 would establish a schedule for subsequent parole hearings, ensuring eligible people are considered at specific intervals and providing the commission with a predictable cadence for scheduling. Additional provisions in HB1147 would clean up some basic housekeeping: removing administrative delays for providing a person their records, making sure all victim-impact statements are considered by the commission, ensuring recordings of hearings are retained throughout a person's incarceration and ensuring a prompt official decision on parole, alongside justifications for each decision. Further, it's a common misconception that parole commissioners conduct all parole hearings in Maryland. By law, parole commissioners are only required to conduct hearings for people convicted of a homicide or serving a parole-eligible life sentence. The majority of incarcerated people (~60%) will have their parole hearing in front of a hearing examiner, a department staff member who conducts a hearing alone and decides whether to recommend release. These hearing examiners are selected by the secretary of the Department of Public Safety and Correctional Services – the governor and Senate never review or approve their names. It is a system without checks and balances rife for abuse. Parole is a crucial step toward successful re-entry and release is an important decision: Is the incarcerated person ready to transition to community supervision? HB1156 would swap out hearing examiners for an expanded Parole Commission, ensuring the people appointed to make release decisions meet with every person who is eligible for release. No department staff member should be conducting parole hearings alone. These bills do not change parole eligibility laws – they simply ensure that parole-eligible people get parole hearings, parole commissioners conduct their hearings, and adequate records and justifications are kept in their file. House Bills 1147 and 1156 would help modernize parole in Maryland, a move that is long overdue to ensure eligible people have the chance at parole that both the legislature and courts provided to them.

House OKs parole reform, expanded PDAB gets Senate approval, more political notes
House OKs parole reform, expanded PDAB gets Senate approval, more political notes

Yahoo

time14-03-2025

  • Politics
  • Yahoo

House OKs parole reform, expanded PDAB gets Senate approval, more political notes

The House of Delegates chamber in session in a file photo. (Photo by Bruce DePuyt/Maryland Matters) The House voted 101-38 for final approval Thursday night on a parole reform measure that advocates have said will not only allow more people to be released from state prison and other correctional facilities, but will also diversify the state's Parole Commission. House Bill 1156 would increase the current 10-member Parole Commission to at least 15 members but no more than 20. Instead of being appointed by the secretary of Public Safety and Correctional Services, as is the case now, new Parole Commission members would be appointed by the governor, who would draw from a list of nominees prepared by a 12-member nominating panel. That panel would include three people from the general public, a prison rights advocate and law enforcement and education officials. The bill, sponsored by Del. N. Scott Phillips (D-Baltimore County), would take hearing examiners out of the process of recommending parole approval or denial. Under the current law, the commission can skip a hearing on a parole case and accept the hearing examiner's recommendation as final, if there are no objections from the inmate or the department. Prior to the vote, House Minority Whip Jesse Pippy (R-Frederick) said the bill's fiscal note of more than $1 million makes it too costly, especially as the state faces a nearly $3 billion budget shortfall for fiscal 2026. According to the note, the money would be spent on 10-full time commissioners and another 11 employees. 'I don't think the change is there, or necessarily the best interest of public safety, in my opinion,' Pippy said. But Phillips, pointing to the roughly $60,000 the state spends per year to care for each incarcerated person, said the savings would more than make up for the money cited in the fiscal note. 'We could clear up the backlog for those persons who deserve to be released,' he said. '[Releasing] those individuals will actually, over the long term, be reducing the cost. For that reason, I think we need to vote for efficiency and effectiveness of our parole system.' The bill now heads over to the Senate. Both the House and Senate have now approved bills that would expand authority of the Prescription Drug Affordability Board to help bring down drug costs in Maryland – and days before crossover day, the key deadline for legislation to be approved. The Senate, in a Wednesday night session, voted 35-12 to pass Senate Bill 357, sponsored by Sen. Dawn Gile (D-Anne Arundel) and Sen. Brian Feldman (D-Montgomery). The bill would expand the authority of PDAB, which is currently tasked with finding ways to reduce the cost of prescription drugs on the state's health plan, saving some taxpayer dollars in the process. The bill would expand the board's authority to set what are called upper-payment limits on prescription drugs in the commercial market. Doing so would limit how much drug purchasers could spend on certain medications, which supporters hope would result in savings for more Marylanders. The Senate vote came almost three weeks after the House voted 94-38 on party lines to pass its own version of the bill — but not before debate devolved into a partisan shouting match. After Republicans argued that the bill would limit access to health care for some, Majority Leader David Moon (D-Montgomery) said the real threat to health care were the cuts being made to federal health agencies by the Trump White House. The two-chamber approval of companion bills is an improvement over last year, when similar legislation stalled in committee. But it's not a done deal: The Senate bill passed Wednesday is slightly different than the House version, and those differences will need to be worked out before lawmakers can agree on a final bill to send to the governor for his signature. The Senate version has provisions that expand the size of the board's stakeholder council to include more perspectives from different points of the prescription drug industry. It also issues different reporting requirements on how the PDAB's actions affect access to certain drugs. Despite the differences, health care advocates are energized by the legislation's progress, calling the Senate vote 'amazing news.' 'Too many people in our state struggle to pay for their essential medications, and we must do more to make drugs affordable for all,' Vincent DeMarco, president of Maryland Health Care for All, said in a written statement Wednesday. The LifeBridge Health board of directors said it will mount a national search to replace President and CEO Neil Meltzer, who announced plans to retire after 37 years at the company, 12 as its head. The company operates five acute care centers in Baltimore City and Carroll and Baltimore counties, and more than 130 offices throughout Central Maryland, according to its website. It said the $2.2 billion nonprofit system has doubled in size during Meltzer's tenure, adding Carroll Hospital in Westminster and Grace Medical Center in Baltimore in that time. LifeBridge Board Chairman Lee Coplan said the board is 'deeply grateful to Neil for his extraordinary leadership and lasting impact on our organization and community.' 'Neil has led LifeBridge Health with a bold vision, creating seamless connections across the continuum of care—from a fitness and wellness center to long-term and specialty care,' Coplan said. 'His leadership has strengthened our ability to serve our community holistically.' Meltzer joined Sinai Hospital of Baltimore in 1988, eventually becoming president and chief operating officer a decade later. He became CEO of LifeBridge Health in 2013. He is currently chair of the Advisory Panel on Outreach and Education for the Centers for Medicare & Medicaid Services and serves on the boards of the Greater Baltimore Committee, the Maryland Hospital Association, among others. Meltzer will continue to serve as CEO until a successor is in place.

Senate panel recommends approval of two medical parole measures
Senate panel recommends approval of two medical parole measures

Yahoo

time06-03-2025

  • Politics
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Senate panel recommends approval of two medical parole measures

(Photo by Getty images) The Senate Judicial Proceedings Committee recommended approval Wednesday of two bills that would reform the parole process for medical and geriatric parole petitions. It appears to be the first time Senate Bill 181 has made it out of committee, after four years of trying. The bill, sponsored by Sen. Shelly Hettleman (D-Baltimore County), would give long-serving or ill inmates a chance to take their case directly to the state's Parole Commission. The bill originally called for incarcerated individuals who were 60 years old and had spent at least 15 years in prison to seek parole and, if turned down, they could reapply every two years. The committee Wednesday raised the age to 65, with 20 years incarcerated, and a five-year pause between petitions. But another hearing could be sooner 'if the commission determines that extraordinary and compelling circumstances justify the subsequent parole hearing.' The committee also amended the geriatric inmate portion of the bill to include someone with a condition that 'substantially diminishes the ability … to provide self-care.' That and a few other phrases mirror federal law when it comes to compassionate release. The bill is supported by the Legislative Black Caucus of Maryland and Attorney General Anthony Brown. Sen. William C. Smith Jr. (D-Montgomery), chair of the committee, said a work group with senators, members of the Public Defender's Office and state's attorneys agreed on the amendments. 'Everyone walked away in an agreement and has blessed off on this,' he said. 'I think it's amazing.' 'Miracles do happen,' said Sen. C. Anthony Muse (D-Prince George's). Muse and Smith added themselves as co-sponsors of the bill, along with Sen. Chris West (R-Baltimore County and Carroll) and Democratic Sens. Sara Love of Montgomery, Charles Sydnor III of Baltimore County, Nick Charles of Prince George's and Shaneka Henson of Anne Arundel. Sen. Mary-Dulany James (D-Harford) was the only committee member to vote against the amendments. Muse sponsored the second bill, Senate Bill 648, long sponsored by former Sen. Jill P. Carter. The bill would remove the governor from the process of approving parolee for a geriatric or medical parole release. The legislature had approved removing the governor from the parole process four years ago, but Carter said last year that an oversight at the allowed the governor to remain a part of the process for medical parole. This year's measure would let the Parole Commission to decide whether a person can be released whose poor health condition pose no 'danger to society.' As a condition of release, the commission may require that person to be placed in a hospital, hospice or other housing. Both measures are scheduled to be read on the Senate floor next week.

Amid flurry of parole reform measures are two that tackle the parole process itself
Amid flurry of parole reform measures are two that tackle the parole process itself

Yahoo

time24-02-2025

  • Politics
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Amid flurry of parole reform measures are two that tackle the parole process itself

Two aging inmates in a prison in San Luis Obispo, California. Maryland lawmakers are considering several parole reform bills this year, including two little-noticed bills that would reform the parole process itself. (Photo by) Amid high-profile proposals to make it easier for long-serving inmates to seek sentence reductions and to make work safer for parole agents are two largely overlooked efforts that supporters say are no less important: Reforming the parole process itself. 'Looking at the process of parole may seem, you know, not as big, but it is, especially for those incarcerated. Just trying to increase … a little bit more transparency and predictability,' said Del. Elizabeth Embry (D-Baltimore City). 'I'm just saying [there's] room for improvement, and we hope this bill will advance us toward that improvement.' Embry is the sponsor of House Bill 1147, which calls for an annual report by the Maryland Parole Commission breaking down the number of cases it has heard and approved in a year, broken down by race, and requiring that inmates who are rejected for parole get a report detailing the reasons why. Currently, they have to ask for that information. Del. N. Scott Phillips' (D-Baltimore County) House Bill 1156 would increase the number of Parole Commission members from the current 1o to at least 15 but no more than 20. More importantly, those members, currently nominated by the secretary of the Department of Public Safety and Correctional Services, would be nominated instead by the governor, from a list of candidates drawn up by a new commission made up of law enforcement officials, public defenders, health and education officials and more. The Parole Commission nominees would still need to be confirmed by the Senate. Both Phillips' and Embry's bills are scheduled to be heard March 4 before the House Judiciary Committee. 'Parole [reform] will be something we will definitely take a look at,' Del. Luke Clippinger (D-Baltimore City), chair of the committee, said in an interview earlier this month. Clippinger said the two bills 'generally, but not specifically' resemble legislative priorities from Campaign Zero, a national social justice organization led by a Maryland native DeRay Mckesson. Mckesson, one of the leaders of the Black Lives Matter movement, served on a Maryland task force in 2023 to evaluate data collection and policies within Maryland's state's attorneys' offices, and to assess whether prosecutors' practices are fair and equitable. Mckesson said attempts to reform of the Parole Commission are welcome. 'We need to modernize the structure of the Parole Commission. So few people understand the parole process. We just want fairness in the parole system,' he said in an interview earlier this month. The Parole Commission, a part of the department within correctional services, is a full-time body that holds parole hearings on a case-by-case basis to determine whether those serving six months or longer should be granted parole. The commission chair draws a $132,000 salary and commissioners are paid $117,000, according to the Department of Public Safety and Correctional Services. The 10-member board is scheduled to meet every other Wednesday but currently it has three vacancies. The department declined comment on the two latest bills, except to say that it 'recognizes the critical role legislation plays in building a more just and effective correctional system in Maryland.' Embry's bill calls for additional data that is not currently required in the commission's annual report of its work to the governor, such as figures 'disaggregated by race of relevant incarcerated individuals.' Some of the other information must highlight the number of cases in which the commission granted or denied parole; the number of people granted administrative release; the number of parole hearings and purpose of each hearing; and the number of people eligible for parole but never granted it. Hearing examiners who review each incarcerated individual's case and make a recommendation to the commission for or against parole would have one week, instead of the current three, to deliver a report the to the inmate, the commission and the Department of Corrections, spelling out the reasons for the recommendation. In addition to including the 'reasoning and justifications for the recommendation,' an individual denied parole would have to get another hearing scheduled 'not later than two years' from the denial. Currently, there's no requirement to when a subsequent parole hearing must be scheduled. SUPPORT: YOU MAKE OUR WORK POSSIBLE The bill also specifies that, 'The Commission does not have the authority to permanently deny parole.' 'There's a need for [parole] improvement and we hope this bill will advance us toward that,' Embry said in a recent interview. Phillips' bill would take hearing examiners out of the process of recommending parole approval or denial. Under the current law, the commission can skip a hearing on a parole case if there are no objections from the inmate or the department, in which case the hearing examiner's recommendation become the final decision. Phillips' bill would also alter not only who serves on the Parole Commission, but how members are appointed for a six-year term. When there's a vacancy on the commission, a 12-member panel would submit at least three nominees to the governor. Those panel members would include the public defender, president of the Maryland State's Attorney's Association, the executive director of the Maryland Police Training and Standards Commission and four appointees of the governor – three from the general public and a prisoners' rights advocate. Some advocates noted the Parole Commission should diversify its panel. DPSCS confirmed that three former department employees are now parole commissioners: Chair Ernest Eley, Robyn Lyles and Lisa Vronch. Second Look Act draws hours of testimony in House Judiciary Committee Maryland is currently one of just four states, along with Kansas, Michigan and Ohio, that do not allow the governor to directly choose person to serve on a parole commission. 'This is to start a conversation about really looking at how the Parole Commission operates, particularly who's on the Parole Commission and what workload do they have right now,' Phillips said in a recent interview. 'Really having people to be a little more accountable in the process.' Clippinger said he wants to see action this year on one parole measure that has been reviewed for several years — removing the governor from the medical parole process. That bill, sponsored since 2022 by Del. J. Sandy Bartlett (D-Anne Arundel), vice chair of the Judiciary committee, will be heard Tuesday by Judiciary. A companion Senate bill, sponsored by Sen. C. Anthony Muse (D-Prince George's), was held Feb. 13. The measure passed the Senate last year, but did not get out of Judiciary. 'We want to get the medical piece done this year. We're going to try and make that happen,' Clippinger said, standing near Bartlett. 'We're going to get it done,' Bartlett said.

Medical and geriatric parole bill back before Senate panel
Medical and geriatric parole bill back before Senate panel

Yahoo

time29-01-2025

  • Health
  • Yahoo

Medical and geriatric parole bill back before Senate panel

Sen. Shelly Hettleman (D-Baltimore County) holds a letter from Baltimore City State's Attorney Ivan Bates in support of legislation, during testimony Tuesday before the Senate Judicial Proceedings Committee. (Photo by William J. Ford/Maryland Matters) Sen. Shelly Hettleman (D-Baltimore County) told a Senate panel Tuesday that her bill to increase avenues to parole for elderly or ailing incarcerated individuals is 'not a get-out-of-jail free card' but is about fairness. 'It is relying on the expertise and the experience of the Maryland parole commissioners who take these decisions very, very seriously and have the responsibility for balancing public safety with humanity and meting out justice,' Hettleman said in testimony to the Senate Judicial Proceedings Committee. Joanna Mupanduki seess it differently. Mupanduki, the deputy director for the Maryland Crime Victims Resource Center, said the Hettleman's bill would traumatize victims, or their loved one, who would be forced to relive the crime every time an inmate came up for parole under the bill. 'Every time it brings up bad memories for them. They have to walk through the worst situations in their lives,' said Mupanduki, also an attorney, who testified virtually. 'There are crimes that are worthy of a life sentence and more people should be serving more than 15 years for the loss of an innocent life.' This is the fourth year that Hettleman has tried to pass her bill, Senate Bill 181, which would reform the rules for Maryland's medical and geriatric parole. Under the bill, an incarcerated individual who is 60 years old and has served as least 15 years of his sentence but who is not registered as a sex offender, could apply for parole. Someone could apply for a medical parole, if a medical professional first determined that the incarcerated individual is 'chronically debilitated or incapacitated' or has 'a disease or condition with an end-of-life trajectory.' Certain conditions would include dementia or a severe or permanent medical or cognitive disability that prevents the person 'from completing more than one activity or daily living.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The medical and geriatric parole options would only be available to those whose sentences allow for the possibility of parole. Those eligible under the bill can request a hearing before the state's Parole Commission to consider whether to grant a person parole. A person considered for parole may request a hearing every two years. The measure has two major supporters: the Legislative Black Caucus of Maryland and Attorney General Anthony Brown (D). Currently, the Parole Commission has the authority to grant parole based on several factors, such as circumstances of the crime committed, physical and mental state of the incarcerated individual and any progress made by that person while in prison. Ernest Eley Jr., who's been chair of the commission for about eight months, said the current parole structure has permitted one person to be released on geriatric parole in the last 10 years. But Eley, who testified Tuesday in support of the bill, said about 1,100 individuals aged 60 and older are currently incarcerated, and about 760 of them have served at least 15 years in prison, which would make them eligible for parole under Hettleman's bill. In terms of medical parole, Eley said it makes the commission 'more vigilant' to assess whether a parole applicant deserves to be released. When questioned by Judicial Proceedings Committee Chair William C. Smith Jr. (D-Montgomery), Eley said the commission currently has seven members, which is noted on the state code website. But Smith pointed out that state statute calls for 10 members on the commission. Eley confirmed that's the correct figure Tuesday because he said the commission currently has three vacancies. Members are appointed by the secretary of Public Safety and Correctional Services, then approved by the governor with consent from the Senate. Smith asked how close is the commission to filling those three vacancies. 'Very close,' said Eley, who added names are being vetted by the governor's office. Smith wondered if, fully staffed, the commission might be able to process more applications without an overhaul of the law. 'A fully empaneled parole board and just a minor change in the regs would go a long way helping to expedite our processes here,' Smith said. A hearing on the House version sponsored by Del. J. Sandy Bartlett (D-Anne Arundel) will be held Feb. 4 before the Judiciary Committee, which she serves as vice chair.

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