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Committee sends split parole‑risk language to conference after debate over 'may' versus 'shall' in Senate Bill 181

April 05, 2025 | Judicial Proceedings Committee, SENATE, SENATE, Committees, Legislative, Maryland


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Committee sends split parole‑risk language to conference after debate over 'may' versus 'shall' in Senate Bill 181
ANNAPOLIS, April 5 — The Judicial Proceedings Committee voted to send Senate Bill 181 to conference after members debated competing language about risk assessments for medical and geriatric parole.

Senate Bill 181, as passed by the Senate, as described in committee, alters provisions related to medical and geriatric parole and includes language concerning authorization for the Parole Commission to conduct risk assessments for persons eligible for parole. The House amendments changed that language in a way that, according to committee counsel, made the bill nearly identical to a separate House bill but with a small difference: whether the Parole Commission may be authorized to conduct risk assessments for individuals generally eligible for parole or only for those eligible for geriatric parole.

Committee counsel told members the Senate sponsor preferred the House version be modified to reinstate the Senate posture. Lawmakers debated whether the statute should require (“shall”) or allow (“may”) the Parole Commission to conduct assessments and whether the authorization should be broad (applying to parole‑eligible individuals generally) or limited to those eligible for geriatric parole.

A motion was made not to concur with the House amendments so the Senate position — narrower authorization tied to geriatric parole and limited discretion for the Parole Commission — could be restored in conference. The motion was seconded and the committee recorded its assent; members also discussed not overburdening the Parole Commission given workload concerns. Several senators sought clarity about whether the change would make risk assessments mandatory or discretionary; committee counsel confirmed that the intended conference posture is to preserve a limited, discretionary authorization for geriatric parole risk assessments.

Outcome: The committee voted not to concur and to appoint conferees to resolve the difference between the House and Senate language; names of conferees were discussed but not finalized in the public record captured here.

Next steps: The matter moves to a conference committee where sponsors from both chambers will negotiate the final text before floor votes.

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