§ 7-801. Parole release hearing

   (a) "Victim" defined. -- In this section, "victim" means:

   (1) an individual who suffers personal physical injury or death as a direct result of a crime;

   (2) a victim of child abuse under § 3-601 or § 3-602 of the Criminal Law Article;

   (3) a victim of a violent crime; or

   (4) if the victim is deceased, disabled, or a minor, a designated family member or other representative of the victim.

(b) Notice to victim; designation of representative to receive notice. --

   (1) At least 90 days before an inmate's parole release hearing, the Department shall notify the victim or the victim's designated representative in writing, directed to the most current address on file, that the parole release hearing has been scheduled if:

      (i) the victim or the victim's representative filed a notification request form under § 11-104 of the Criminal Procedure Article; or

      (ii) the victim makes a written request to the Department for notification and maintains a current address on file with the Department.

   (2) The victim may designate in writing to the Department the name and address of a representative who is a resident of the State to receive notice for the victim.

(c) Updated victim impact statement. --

   (1) Not later than 30 days after the date of the Department's notice under subsection (b) of this section, the victim of a violent crime may submit to the Department a written request that the Division of Parole and Probation be required to complete an updated victim impact statement.

   (2) If the victim submits a request as authorized by paragraph (1) of this subsection, the Department shall direct the Division of Parole and Probation to:

      (i) complete the updated statement at least 30 days before the parole release hearing; and

      (ii) send promptly the updated victim impact statement to the Commission.

(d) Recommendation to Commission; request for special condition. -- A victim may:

   (1) at least 30 days before the parole release hearing:

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

      (ii) request that the inmate be prohibited from having any contact with the victim as a condition of parole, mandatory supervision, work release, or other administrative release; and

   (2) request a meeting with a commissioner.

(e) Review by inmate. -- The Commission shall make an updated victim impact statement and a victim's written recommendation available for review by the inmate or the inmate's representative under § 7-303(b) of this title.

(f) Consideration by Commission. -- The Commission shall consider an updated victim impact statement or victim's written recommendation at the parole release hearing.

(g) Oral testimony. -- If a victim requested an open hearing under § 7-304 of this title, the victim may present oral testimony at the inmate's parole release hearing in a manner established in regulations adopted by the Commission.

(h) Notice of decision. -- The Department shall notify promptly the victim or the victim's designated representative of the decision of the Commission regarding parole for the inmate.

HISTORY: An. Code 1957, art. 41, § 4-504(d); 1999, ch. 54, § 2; 2001, ch. 35; 2002, ch. 213, § 6; ch. 273, § 3.