In Maryland, provisions relating to pardon and parole are provided under Md. CORRECTIONAL SERVICES Code Ann. § 7-601 through Md. CORRECTIONAL SERVICES Code Ann. § 7-601 through 7-6037-603.
Under Maryland law, the governor has the power to commute or change a sentence of death into a sentence of life without the possibility of parole. The governor also has the power to pardon an individual convicted of a crime subject to certain conditions. Moreover, the governor is authorized to remit any part of a sentence of imprisonment without the remission operating as a full pardon[i]. The order granting a pardon or conditional pardon must be a written executive order and must clearly indicate on its face whether it is a partial or full pardon. The person who was pardoned is presumed to have been lawfully convicted of a crime against the State unless the order states that the person has been convicted in error[ii].
The governor is the sole judge to determine whether a conditional pardon was violated unless the order granting a pardon provides otherwise. The governor’s decision is final in this regard and is not subject to review by any court of the State[iii]. If the Governor revokes a conditional pardon for a breach of any of its conditions, the individual released is obligated to serve the unserved portion of the sentence originally imposed. Further, such individual may not be granted credit for serving any portion of the original sentence during the time that the individual was released under the conditional pardon[iv].
Maryland Pardon and Parole Laws
[i] Md. CORRECTIONAL SERVICES Code Ann. § 7-601.
[iii] Md. CORRECTIONAL SERVICES Code Ann. § 7-602.
[iv] Md. CORRECTIONAL SERVICES Code Ann. § 7-603.