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.”
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.