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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.