MarylandSB 08222026 Regular SessionSenateWALLET

Correctional Services - Maryland Parole Commission and Erroneously Convicted Individuals - Improvements in Transparency and Equity

Sponsored By: William C. Smith (Democratic)

Signed by Governor

CorrectionsCommittees and CommissionsCounties -see also- Chartered Counties; Code Counties; etc.DisclosureElectronic GovernmentHearingsIncarcerated IndividualsMedical Testing and DiagnosisNoticesParole and ProbationPrivacyPublic InformationPublic Safety and Correctional Services, Department ofRecordings -see also- VideoRecords -see also- Land Records; Vital RecordsReportsState's AttorneysTimeVictims -see also- Criminal Injuries CompensationVoting -see also- Absentee and Mail-In Voting

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Compensation access for wrongfully convicted people

Beginning October 1, 2026, an administrative law judge must order eligibility for State compensation and benefits for qualifying wrongful convictions. The person must have been convicted, sentenced, and confined for a felony or felony conspiracy. One path requires a full Governor’s pardon stating that the conviction was conclusively proven wrong. Without that pardon, the person must prove the eligibility requirements with clear and convincing evidence. The conviction must have been overturned with retrial barred, the charges dismissed, or a retrial ended in acquittal. The person must not have committed or helped commit the crime. Subject to statutory exceptions, causing the conviction through perjury, fabricated evidence, or other disqualifying conduct prevents eligibility. A false confession, admission, or guilty plea alone does not disqualify someone. Claims go to the Office of Administrative Hearings, and the law also covers proceedings started before October 1, 2026. The local State’s Attorney and the State, represented by the Attorney General, or their designees, remain parties. Counties cannot be parties, and a State’s Attorney cannot add a county as a party.

More parole hearings after a denial

Beginning October 1, 2026, Maryland’s Parole Commission cannot permanently deny parole. After a denial, people sentenced to 10 years or less get another hearing within 2 years. People sentenced to more than 10 years get another hearing within 3 years. For sentences over 20 years for crimes against a person, the first hearing after denial is within 3 years. Later hearings for that group must be no more than 5 years apart.

More time to challenge parole reports

Beginning October 1, 2026, hearing examiners must provide written parole findings, recommendations, and reasons within 14 days, down from 21. The incarcerated person or Commissioner of Correction has 30 days after receiving the report to file written objections, up from 5. If neither files an objection and the Parole Commission does not act during that period, the recommendation is approved. The Commission must communicate its final decision to the incarcerated person and correctional authority as soon as possible. The deadline is 12 months after the hearing, including later information gathering or review. When parole is denied, written findings, reasons, and the next hearing date are due within 14 days after the hearing. A final denial notice following an examiner’s review must also include the next hearing date.

Parole applicants get documents and recordings

Beginning October 1, 2026, parole applicants and their representatives must receive copies of documents used before a parole-release hearing. These include the case plan, pre-parole summary, risk assessment, and case manager’s recommendation. Access has exceptions for privileged information, confidential sources, and material whose release would seriously disrupt rehabilitation. Withholding a diagnostic opinion requires the diagnosing clinician’s written finding that sharing it is medically inappropriate. The Commission must record every hearing and make recordings readily available to the incarcerated person at no cost. Victims’ identifying information must be removed, and disclosure rules still apply. At the hearing’s end, the presiding commissioner must state the findings and reasons on the record. Materials considered must be included unless confidentiality is needed for institutional security or to protect people from danger. Electronic recordings must be kept until 3 years after the latest of release, completion of postincarceration supervision, or exhaustion of appeals.

Public parole reasons and victim input

Beginning October 1, 2026, the public can access the panel’s reasons for parole decisions and each commissioner’s vote. Votes to close a hearing or limit access must also be public. Parole decision-makers must consider victims’ original, later-filed, or updated impact statements, or recommendations prepared under Maryland’s victim-input law. This requirement also applies when they enter an agreement setting parole release in advance.

Sponsors & Cosponsors

Sponsor

William C. Smith
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 168 • No: 144

House vote • 4/7/2026

Floor Amendment {243326/1 (Delegate Griffith) Rejected

Yes: 36 • No: 98 • Other: 4

House vote • 4/7/2026

Third Reading Passed

Yes: 101 • No: 35 • Other: 2

Senate vote • 3/20/2026