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Parole vs. Probation: What’s the Difference?
While similar in many ways, Parole and Probation do have differences. One of the main differences is that Probation is ordered by a Judge, while the Parole Commission makes a decision that someone should be released from incarceration early. Both may have a similar look and feel – including requirements to maintain employment, participate in drug or alcohol treatment, not get arrested, check-in at regular days and times with a Parole & Probation Agent, etc. In Maryland, the Department of Parole & Probation oversees people who are on probation or parole.
An Overview of Parole in Maryland
In the state of Maryland, the Parole Commission (MPC) has the sole authority to grant parole release. The Commission is charged with deciding on a case-by-case basis whether incarcerated individuals serving sentences of six (6) months or more in state or local facility are suitable for parole (release) into the community and under what conditions. People released on parole are subject to supervision by the Division of Parole and Probation.
When determining whether an inmate is eligible for parole, the MPC looks at a number of factors, such as:
Special Considerations for Young Offenders
For inmates who committed their crimes while younger than 18 years old, the Maryland Parole Commission will also consider whether the inmate has matured and rehabilitated themselves in the time since the crime was committed. When making this determination for young offenders, the Commission considers a number of mitigating factors.
These include the inmate's age at the time of the offense, maturity level, whether they were influenced or pressured by others, their educational background and home environment at the time of the offense, their current character development, and additional factors that may be relevant.
Additionally, the Maryland Parole Commission will also look at things like the inmate's prior criminal record, institutional behavior and program participation, vocational and educational training, attitude toward authority, history of substance use, emotional maturity and insight into their problems, reports and recommendations from various parties, employment plans and family stability, preparedness to assume responsibility, the circumstances of the crime, and any other information that may be relevant
Risk assessment tools may be used to determine the risk an inmate poses to the community. These tools include dynamic risk factors as a method of assessing risk, and require independent clinical judgment from the healthcare professional administering the tool.
Parole Hearings – Things to Know
It is important to know that formal presentations by lawyers, family members, or other interested parties are not allowed at the hearing.
Hearing Procedure and Decisions
Hearings conducted by a parole commissioner or hearing examiner must be electronically recorded. The recording is generally destroyed 30 days after the hearing unless an appeal is made, in which case it's destroyed after the appeal hearing. Recordings for inmates serving life sentences for crimes committed when they were younger than 18 years old are retained until the conclusion of their next parole hearing or the final disposition of any action seeking judicial review of the Commission's decision, whichever is later.
The inmate's classification counselor, or another institutional staff member with knowledge of the inmate, is generally required to attend hearings, to provide any new information and answer questions.
Parole is only granted if recommended by a hearing examiner or acting hearing examiner and approved by a parole commissioner, or, as required by law, by the affirmative vote of at least two commissioners. If two commissioners are required to grant parole, and there is a lack of agreement, the case will be continued and heard by a third commissioner. The decision will be based on a majority vote.
At the end of the interview, the inmate is verbally informed of the hearing examiner's recommendation, or, if the case was heard by commissioners, the decision. In addition, a written decision is prepared and served to the prisoner, with copies retained in the Commission's and the prisoner's files.
Granting Parole and Release
A parole decision is not effective until the parole order is presented to and accepted by the inmate. An inmate will be released on parole as soon as practicable after a favorable decision unless the Commission has set a later release date or an investigation into the inmate's plan indicates a lack of support, potential unemployment, or lack of a satisfactory home plan. Prisoners cannot be released without an approved parole plan. In addition, the Commission may impose special conditions on release, as needed for the safety and welfare of the inmate or the public. These conditions must be achievable for the parolee with reasonable effort.
Behavior After Parole Is Granted (but before release)
An inmate's release on a set date is conditional on their continued good behavior. The warden or superintendent of the facility is responsible for informing the Commission of any behavior that might warrant a re-evaluation of a set parole date. The message here is that, just because parole is granted, behavior and attitude are still critical.
Early Parole Hearings
The Commission may grant early parole hearings at its discretion. Sentencing judges, prosecuting attorneys, or inmates may write to the Commission to request an early parole hearing. Institutional personnel, with signatures from the warden or superintendent, or both, may also request early hearings in writing to the Commission. Wardens or superintendents, or both, can also recommend early parole hearings. When considering early hearings, the Commission will consider:
Preparing for Parole: Parole Packet Preparation
The time to start preparing for Parole is as soon as you are sentenced (or even before).
The parole board wants to see that you or your family member has used their time while incarcerated to be proactive. While not required, having an assembled and organized Parole Packet can be helpful in positioning you or your loved one in the best light and increase your chance for Parole. Your lawyer cannot speak or present at your parole hearing.
An experienced Maryland prison and parole consultant can (1) help to provide guidance on what to do from the moment you are incarcerated, (2) coordinate with your family and friends in preparation for parole, (3) and assemble and prepare your parole packet.
The basic components of a parole packet should include:
1. Introductory Letter to the Parole Board that outlines your request for parole, your understanding of the seriousness of your offense, and your acceptance of responsibility. If there are victims, expressing remorse for the impact of your actions is critical. You should also highlight positive changes you've made during incarceration, demonstrating personal growth and a commitment to a law-abiding life – including references to achievements in areas like education, vocational training, substance abuse treatment, and spiritual development. Lastly, provide a quick outline your parole plan, including proposed residence and employment.
2. Parole Plan - Provide detailed information about your proposed living arrangements, including names, addresses, and contact information. If you are staying with family or friends, describe their support system and the home environment. If planning to reside in a halfway house, detail the facility's rules, support services, and your anticipated length of stay. Outline your employment plans, including potential employers, job descriptions, and salary expectations. Demonstrate a realistic understanding of the challenges of re-entry and your plan to address them.
3. Criminal History – It is important to acknowledge each conviction, providing a concise account of the offense and the sentence received. You should focus on expressing remorse and demonstrating an understanding of the impact of your actions on victims. If applicable, discuss any substance abuse or mental health issues that contributed to your criminal behavior and the steps you've taken to address them. Avoid minimizing your actions or blaming external factors.
4. Disciplinary History- Address any significant disciplinary infractions received during incarceration. Acknowledge responsibility for your actions and explain the circumstances surrounding the infractions. Highlight any positive changes in your behavior, demonstrating a commitment to following rules and regulations. Emphasize a period of good conduct and your understanding of the importance of responsible behavior.
5. Educational History- Detail your educational achievements, both prior to and during incarceration. Describe any degrees, certificates, or vocational training you have completed. In addition, highlight specific skills or knowledge acquired that will support your re-entry and future employment. Demonstrate a commitment to continued learning and personal growth.’
6. Employment History - Detail your work experience, including job titles, responsibilities, and skills acquired. Focus on transferable skills, such as teamwork, communication, and problem-solving. If your employment history is limited, emphasize any positive work ethic or skills demonstrated in prison jobs or programs. Express a willingness to learn new skills and a commitment to finding and maintaining employment upon release.
7. Substance Abuse History- If substance abuse was a factor in your criminal behavior, provide an honest account of your addiction and recovery efforts. Discuss any treatment programs you have participated in and the insights you have gained about addiction. Express a commitment to continued sobriety and your understanding of the ongoing nature of recovery.
8. Spiritual Development- Share your personal journey of spiritual growth and self-reflection during incarceration. Describe any religious practices or beliefs that have contributed to your rehabilitation and positive change. If you are not religious, discuss your moral development and growing awareness of ethical principles and respect for others.
9. Goal Statements - Outline your short-term and long-term goals for your life after release. Focus on achievable goals in areas like employment, housing, education, personal relationships, and community involvement. Demonstrate a realistic plan for achieving your goals and overcoming potential challenges
10. Penance Statement - Express a sincere desire to give back to the community and repair the harm caused by your actions. Detail specific plans to volunteer your time, skills, or resources to benefit others. Consider volunteer opportunities that align with your skills, interests, and the needs of your community.
11. Support Letters - Include letters from family, friends, potential employers, and community members who can attest to your positive changes and provide support upon release. Focus on letters that emphasize tangible support and demonstrate a belief in your rehabilitation.
12. Certificates and Awards - Include copies of certificates and awards earned during incarceration. These documents demonstrate your commitment to self-improvement and provide evidence of your accomplishments in education, vocational training, or rehabilitation programs.
All of the above components need to be assembled into a well-organized, easy-to-ready document. The writing style should be clear and concise and include a cover page, table of contents, and page numbers.
The first step in the creation of a parole packet is to get a copy of the inmate’s file from the jail or prison. Depending how long someone has been incarcerated, this file can be a few pages or hundreds of pages. The file provides the detail about the inmate’s incarceration including positive (certificates received, educational course completed, etc.) to negative situations (disciplinary actions, etc.). The longer the inmate has been incarcerated, the larger the file typically.
By carefully preparing your parole packet and addressing the factors considered by the Maryland Parole Commission, you can effectively demonstrate your readiness for release and increase your chances of a successful re-entry into society.
Contact Information for the Maryland Parole Commission
Address: 6776 Reisterstown Rd, Suite 302, Baltimore, MD 21215
Phone: 410-585-3200 or 877-241-5428
For More Information
If you have a loved one currently incarcerated in a Maryland jail or prison, our team can help with parole preparation.
We work with clients who have an upcoming parole hearing in a few months and clients who have just been sentenced and have months or years before a Parole opportunity.
Contact us here for a free no-obligation consultation to learn more about the process, your options, costs, and timing.
If you have a loved one currently incarcerated, regardless of how long they have been in jail or prison, or if they already know of an upcoming Parole hearing, we're here to help. Contact us for a free Parole consultation to discuss strategy, timing, and costs.
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