Section 4-301 - Referral for evaluation. - Maryland Statutes

§ 4-301. Referral for evaluation.
 

(a)  Commissioner's authority.-  

(1) The Director may request that the Commissioner refer an inmate to the Institution for evaluation as to whether the inmate is an eligible person if the inmate: 

(i) is serving a sentence of imprisonment following conviction of a crime; 

(ii) has more than 3 years remaining to serve on a sentence; 

(iii) has not been evaluated by or confined at the Institution within the preceding 3 years; 

(iv) is not disqualified from being an eligible person under § 4-101(e)(2) of this title; and 

(v) meets the eligibility criteria that the Secretary establishes under § 4-208(b) of this title. 

(2) The request that the Commissioner refer an inmate to the Institution shall be based: 

(i) on recommendation of the sentencing court; 

(ii) on application by the inmate or the State's Attorney of the county in which the inmate was last convicted; or 

(iii) on the Commissioner's own initiative. 

(3) The Commissioner shall promptly refer any inmate requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk. 

(b)  Examination.-  

(1) Within 6 months after an inmate is referred to the Institution, an evaluation team shall examine the inmate. 

(2) Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the inmate provided for in § 4-209 of this title. 

(c)  Determination by evaluation team.-  

(1) Based on the information reviewed under subsection (b)(2) of this section and an examination of the inmate, the evaluation team shall determine whether, in the opinion of a majority of the team, the inmate is an eligible person. 

(2) The evaluation team shall submit to the Director a written report that states its findings. 

(3) The report shall state in detail the reasoning supporting the team's conclusion with respect to each of the criteria for an eligible person set forth in § 4-101(e) of this title. 
 

[An. Code 1957, art. 31B, § 8; 1999, ch. 54, § 2; 2000, ch. 61, § 1; 2002, ch. 269.]