(a) (1) In this section the following words have the meanings indicated. (2) "Administrative release" means release of an eligible incarcerated individual who has served one-fourth of the incarcerated individual's sentence and met the requirements established under this section. (3) "Eligible incarcerated individual" means an incarcerated individual who: (i) has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; (ii) is serving a sentence for which the most serious offense is: 1. a violation of §§ 5-601 through 5-606 of the Criminal Law Article; or 2. a violation involving a value of $1,500 or less of § 7- 104, § 8-103, § 8-206, § 8-207, § 8-209, § 8-301, § 8-509, § 8-510, § 8-511, § 8-512, § 8-513, § 8-514, § 8-515, § 8-611, or § 8-801 of the Criminal Law Article; (iii) does not have a prior conviction for: 1. a violent crime; or 2. a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; (iv) does not have two or more convictions for a violation of §§ 5-602 through 5-606 of the Criminal Law Article; and (v) if serving a sentence with a term of confinement that includes a mandatory minimum sentence, has served the mandatory portion of the sentence. (4) "Victim" means: (i) a person who is the victim of a crime committed by an eligible incarcerated individual; or (ii) if the person described in item (i) of this paragraph is deceased, disabled, or a minor, a designated family member, guardian ad litem, or other representative of the person. (b) (1) For an incarcerated individual in a correctional facility, the Commission shall: (i) conduct an investigation to determine the incarcerated individual's eligibility for administrative release; (ii) determine the conditions under which an eligible incarcerated individual may be released after having served one-fourth of the incarcerated individual's term of confinement; and (iii) calculate a tentative release eligibility date for an eligible incarcerated individual. (2) The investigations required under paragraph (1) of this subsection shall be completed and submitted to the Commission within 60 days of commitment. (c) For an incarcerated individual in a local correctional facility, the Commission, in collaboration with the local correctional facility, shall consider the results of the investigation conducted under subsection (b)(1) of this section and develop an individual case plan with which an eligible incarcerated individual must comply in order to be released on administrative release. (d) (1) The individual case plans developed under subsection (c) of this section and § 3-601(d) of this article shall include conditions that an incarcerated individual will be able to complete before the incarcerated individual's administrative release date. (2) An individual case plan may include conditions that apply after an incarcerated individual is released on administrative release. (e) (1) The Division of Correction and each local correctional facility shall: (i) review the progress of an eligible incarcerated individual's case plan every 8 weeks from the date the case plan was developed; (ii) send a progress report on each eligible incarcerated individual's case plan to the Commission every 4 months; and (iii) send a progress report to the Commission of an eligible incarcerated individual's compliance or noncompliance with the case plan at least 30 days before the incarcerated individual's tentative administrative release eligibility date. (2) The Commission may provide written input on the eligible incarcerated individual's progress toward completion of the case plan. (f) (1) Notwithstanding the limitations on who is considered a victim in § 7-801 of this title, for purposes of this section, a victim has all the rights under this section that are granted to a victim under this title for a parole hearing. (2) As provided in § 7-801 of this title, the Commission shall notify a victim of: (i) the eligible incarcerated individual's administrative release eligibility date; (ii) the victim's right to request an open hearing under § 7-304 of this subtitle; and (iii) the victim's right to submit written testimony concerning the crime and the impact of the crime on the victim. (g) The Commission shall authorize the release of an eligible incarcerated individual on administrative release, without a hearing before the Commission, at the incarcerated individual's release eligibility date if: (1) the incarcerated individual has complied with the case plan developed under subsection (c) of this section or § 3-601(d) of this article; (2) the incarcerated individual has not committed a category 1 rule violation, as defined in 12.02.27.04 of the Code of Maryland Regulations; (3) a victim has not requested a hearing under subsection (f) of this section; and (4) the Commission finds a hearing unnecessary considering the incarcerated individual's history, progress, and compliance. (h) An individual on administrative release is subject to: (1) the jurisdiction of the Commission in the same manner as a parolee; and (2) all laws and conditions that apply to parolees. (i) An eligible incarcerated individual who is not released on administrative release under this section is otherwise eligible for release as provided under this subtitle.
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