When hearing open to public; attendance by victim or victim's representative

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    (a)    A parole hearing shall be open to the public if:

        (1)    (i)    a victim, as defined in § 7-801 of this title, makes a written request to the Department for notification and maintains a current address on file with the Department; or

            (ii)    a victim or a victim’s representative files a notification request form under § 11-104 of the Criminal Procedure Article; and

        (2)    within a reasonable amount of time before a scheduled hearing, the victim makes a written request that the hearing be open to the public.

    (b)    The vote of each commissioner when acting collectively or in a panel, to approve or deny parole, and a vote to close or restrict access to a parole hearing under subsection (d) of this section, shall be made available to the public.

    (c)    Subject to subsection (d) of this section, the victim or victim’s representative has the right to attend an open parole hearing.

    (d)    The Commission or a panel of commissioners may:

        (1)    restrict the number of individuals allowed to attend a parole hearing in accordance with physical limitations or security requirements of the facility where the hearing is held;

        (2)    deny admission or continued attendance at a parole hearing to an individual who:

            (i)    threatens or presents a danger to the security of the facility in which the hearing is being held;

            (ii)    threatens or presents a danger to other attendees or participants; or

            (iii)    disrupts the hearing;

        (3)    close a parole hearing to deliberate on the evidence and any other relevant information received at the hearing; or

        (4)    close a parole hearing on written request of the chief law enforcement official responsible for an ongoing criminal investigation related to the inmate, if the ongoing investigation could be compromised.

    (e)    This section does not limit the authority of the Commission to hold a parole hearing through the use of a video conference or other means of electronic transmission.


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