Maryland Code
Md. Code Ann., Corr. Servs. § 4-305 (2026)
§ 4-305
✓ current as of May 2026
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§4–305.
(a) After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before expiration of the incarcerated individual’s sentence, the Board of Review may grant a parole from the Institution for a period not exceeding 1 year if the Board of Review concludes that the parole:
(1) will not impose an unreasonable risk on society; and
(2) will assist in the remediation of the eligible person.
(b) (1) Except as provided in paragraph (2) of this subsection:
(i) an incarcerated individual sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article; and
(ii) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
(2) An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
(c) (1) The Board of Review may:
(i) attach reasonable conditions to parole granted under this section;
(ii) make reasonable and appropriate modifications of the conditions at any time; and
(iii) revoke the parole if the Board of Review finds that the individual has violated a condition of the parole.
(2) The Board of Review:
(i) shall review an individual’s status before the expiration of the parole period; and
(ii) may extend the parole.
(d) (1) The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing.
(2) Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation.
(3) The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole.
(4) The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.
(5) The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.
(e) The Board of Review may not release an eligible person on parole until the Secretary approves the parole decision.
(f) (1) If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to:
(i) suspend the individual’s remaining sentence and terminate parole supervision on the conditions the court considers appropriate; or
(ii) vacate the individual’s remaining sentence.
(2) (i) The Director shall serve notice of the petition on the victim and the State’s Attorney who last prosecuted the individual.
(ii) The State’s Attorney shall be a party to the proceeding.
(3) After a hearing, the court may either grant or deny the relief requested in the petition.
(a) After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before expiration of the incarcerated individual’s sentence, the Board of Review may grant a parole from the Institution for a period not exceeding 1 year if the Board of Review concludes that the parole:
(1) will not impose an unreasonable risk on society; and
(2) will assist in the remediation of the eligible person.
(b) (1) Except as provided in paragraph (2) of this subsection:
(i) an incarcerated individual sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article; and
(ii) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
(2) An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
(c) (1) The Board of Review may:
(i) attach reasonable conditions to parole granted under this section;
(ii) make reasonable and appropriate modifications of the conditions at any time; and
(iii) revoke the parole if the Board of Review finds that the individual has violated a condition of the parole.
(2) The Board of Review:
(i) shall review an individual’s status before the expiration of the parole period; and
(ii) may extend the parole.
(d) (1) The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing.
(2) Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation.
(3) The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole.
(4) The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.
(5) The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.
(e) The Board of Review may not release an eligible person on parole until the Secretary approves the parole decision.
(f) (1) If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to:
(i) suspend the individual’s remaining sentence and terminate parole supervision on the conditions the court considers appropriate; or
(ii) vacate the individual’s remaining sentence.
(2) (i) The Director shall serve notice of the petition on the victim and the State’s Attorney who last prosecuted the individual.
(ii) The State’s Attorney shall be a party to the proceeding.
(3) After a hearing, the court may either grant or deny the relief requested in the petition.
Notes of Decisions
Cited in 25
cases, 2000–2019 · leading case: State v. Green, 785 A.2d 1275 (Md. 2001).
State v. Green, 785 A.2d 1275 (Md. 2001). “The court may not suspend all or part of the mandatory 25-year sentence required under this subsection, and the person shall not be eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). “4 (parole eligibility); Md. Code Ann. Corr. Servs. §§ 4-305 (parole), 7-301 (parole eligibility); Mass.”
Moore v. State, 34 A.3d 513 (Md. 2011). “(iii) Except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.”
Knox v. State, 945 A.2d 638 (Md. 2008). “He was convicted of all the charges and sentenced to twenty years at the Maryland Department of Corrections, five years suspended, with ten years of the sentence subject to parole only in accordance with § 4-305 of the Correctional Services Article 1 as provided by Article 27, §…”
Brye v. State, 980 A.2d 435 (Md. 2009). “(ii) The court may not impose less than the minimum sentence of 5 years and, except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole in less than 5 years.”
Bryant v. State, 84 A.3d 125 (Md. 2014). “(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.”
McGlone v. State, 959 A.2d 1191 (Md. 2008). “(3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.”
Nelson v. State, 975 A.2d 298 (Md. Ct. Spec. App. 2009). “, as a second offend *7 er may not be suspended to less than 10 years, and the person may be paroled during that period only in accordance with § 4-305 of the Correctional Services Article.”
Oglesby v. State, 109 A.3d 1147 (Md. 2015). “(iii) Except as otherwise provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.”
Dove v. State, 4 A.3d 976 (Md. 2010). “(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.”
Jones v. State, 769 A.2d 1015 (Md. Ct. Spec. App. 2001). “; (2) Neither the sentence required under paragraph (1) of this subsection nor any part of it may be suspended, and the person may not be eligible for parole except in accordance with § 4-305 of the Correctional Services Article.”
Veney v. State, 744 A.2d 1094 (Md. Ct. Spec. App. 2000). “(2) The prison sentence of a person sentenced under subsection (b)(1) or subsection (b)(2) of this section, or of conspiracy to violate subsection (b)(1) or subsection (b)(2) of this section or any combination of these offenses, as a second offender may not be suspended to less…”
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