(a) This section applies only to an incarcerated individual who: (1) is at least 65 years old; (2) has served at least 20 years of incarceration; (3) is not a sex offender, as defined in § 11-701 of the Criminal Procedure Article; (4) is serving a term of confinement for which all sentences being served, including any life sentence, are with the possibility of parole; and (5) has had no category 1A disciplinary infractions within the previous 3-year period. (b) On an ongoing basis, the Department shall submit to the Commission the name of each incarcerated individual who meets the qualifications under subsection (a) of this section. (c) (1) Within 60 days after receipt of a name under subsection (b) of this section, the Commission shall order a risk assessment for the incarcerated individual if the individual is serving sentences for multiple crimes of violence, as defined in § 14-101 of the Criminal Law Article, with an aggregate term of confinement of 40 years or more. (2) The Commission may order a risk assessment for any other incarcerated individual eligible for parole under this section. (d) (1) The Commission shall conduct a parole release hearing under § 7-306 or § 7-307 of this subtitle for each individual whose name is submitted under subsection (b) of this section and determine whether the incarcerated individual is suitable for parole. (2) The hearing under this subsection shall be conducted: (i) as soon as possible, if no risk assessment is ordered; or (ii) on completion of any risk assessment ordered. (e) (1) Except as provided in paragraph (2) of this subsection, an incarcerated individual who has been denied parole under this section may not have a subsequent parole hearing for 5 years. (2) An incarcerated individual who has been denied parole under this section may have a subsequent parole hearing at any time if the Commission determines that extraordinary and compelling circumstances justify the subsequent parole hearing. (f) In addition to the factors specified under § 7-305 of this subtitle, each Commission panel determining whether an incarcerated individual is suitable for parole shall consider and give weight to the age of the incarcerated individual and the impact that the age of the incarcerated individual has on the risk that the incarcerated individual will recidivate. (g) Any savings realized by the Department as a result of this section shall be used for the purpose of: (1) conducting risk assessments for incarcerated individuals; (2) conducting parole hearings for incarcerated individuals; and (3) providing prerelease and reentry case management and resources for incarcerated individuals who are released on parole. (h) Every year, the Commission shall report to the Justice Reinvestment Oversight Board on the outcomes of parole considerations made under this section, including: (1) the number of incarcerated individuals who are subject to this section who are denied parole and released on parole; (2) the reason for each decision to release an incarcerated individual on parole; (3) the reason for each decision to deny parole to an incarcerated individual; (4) of the number of incarcerated individuals who are released on parole, the number of individuals who are convicted of an offense committed after release; (5) the average time between when an incarcerated individual becomes eligible for parole consideration under this section and when the incarcerated individual receives the first parole hearing required by this section; and (6) the average time between parole hearings for incarcerated individuals who are subject to this section. (i) (1) The Commission shall adopt regulations to implement the provisions of this section. (2) The regulations required by this subsection shall include a requirement that the Department provide any incarcerated individual subject to this section with information on the regulations at least once every year.
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