Sec. 12.08.02.03. Requesting an Open Parole Release Hearing

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

(1) An inmate serving a term of confinement that includes a parole-eligible violent offense or offenses shall be scheduled for a tentative parole release hearing date.

(2) A victim who requests notification of the scheduling of a parole release hearing under Correctional Services Article, §7-801, Annotated Code of Maryland, or a victim of child abuse who otherwise requests notification of the scheduling of a parole release hearing, shall be given written notification of the tentative parole release hearing date by the Commission.

(3) The notification shall be sent at least 120 days before the tentative parole release hearing date to the victim's most current address filed with the Commission.

(4) The notification shall state the date of the tentative parole release hearing for an inmate convicted of the commission of a violent crime.

(5) A victim, after the Commission's written notification of the scheduling of a tentative parole release hearing date, may submit to the Commission, in writing, at least 90 days before the tentative parole release hearing date, a request that the parole release hearing be open to the general public under Correctional Services Article, §7-304, Annotated Code of Maryland.

(6) A victim may submit to the Commission the written request for the open parole release hearing at the same time as the written request for notification, if both written requests are submitted to the Commission at least 90 days before the tentative parole release hearing date.

(7) Unless a written request for an open parole release hearing is submitted to the Commission 90 days before the tentative parole release hearing date, the hearing shall be closed to the general public.

(8) It shall be within the discretion of the Chairman to grant or deny a request for an open hearing that is submitted to the Commission less than 90 days before the tentative parole release hearing date.

(9) Once an open hearing is held, a new request for an open parole release hearing is required for any subsequent hearing.

(10) Upon receipt of a victim's written request for an open parole release hearing within the time limits required by this regulation, the Commission shall designate the parole release hearing as a public hearing under Correctional Services Article, §7-304, Annotated Code of Maryland, unless:

(a) A chief law enforcement officer responsible for an ongoing criminal investigation related to the inmate submits:

(i) A written request to the Chairman for a closed parole release hearing,

(ii) An explanation regarding how the ongoing investigation could be compromised if the hearing were open to the general public, and

(iii) The request at least 30 days before the tentative parole release hearing date; and

(b) The Chairman grants the request for a closed hearing.

(11) If the chief law enforcement official's request for a closed hearing is granted, the victim and any other preapproved attendee shall be notified in writing as soon as practicable that the hearing will be closed to the general public.

(12) If written notification is not practicable, notification by telephone or other means may be used.

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

(1) A victim shall apply under Correctional Services Article, §7-801, Annotated Code of Maryland, for notification that a tentative parole release hearing has been scheduled for the inmate convicted of the commission of the violent crime.

(2) A victim shall request, as set forth in Regulation .03A of this chapter, that the parole release hearing be open to the general public.