Maryland 2022 Regular Session

Maryland Senate Bill SB392

Introduced
1/24/22  
Refer
1/24/22  
Report Pass
3/3/22  
Engrossed
3/7/22  

Caption

State Commission on Criminal Sentencing Policy - Annual Report and Data Dashboard (The Judicial Transparency Act of 2022)

Impact

The enactment of SB392 is expected to impact state laws related to sentencing guidelines and judicial reporting. By requiring sentences imposed under plea agreements to adhere to specific sentencing guideline ranges, the bill seeks to prevent disproportionate leniency and enhance consistency across judicial circuits. Additionally, it establishes protocols for public disclosure of critical sentencing data, allowing for greater scrutiny and analysis of judicial practices in relation to violent crimes. This could lead to reforms aimed at addressing any identified disparities in sentencing.

Summary

Senate Bill 392, also known as the Judicial Transparency Act of 2022, focuses on enhancing the transparency and accountability of the judicial process in Maryland's criminal sentencing policies. The bill mandates that the State Commission on Criminal Sentencing Policy produce annual reports that detail compliance with sentencing guidelines, particularly for crimes of violence. This initiative aims to provide data that can inform both the public and lawmakers about sentencing trends within the state, thereby ensuring more consistent and equitable justice outcomes.

Sentiment

The sentiment surrounding SB392 appears to be generally supportive among advocates of judicial reform and transparency. Proponents argue that the increased accountability and data visibility align with the principles of fairness in the justice system. However, there may also be concerns among defense attorneys and those wary of how such transparency could affect plea bargaining dynamics. Overall, the response has been characterized by a desire for improved justice outcomes, particularly for vulnerable populations impacted by criminal justice policies.

Contention

Notable points of contention regarding SB392 include discussions around the implications for plea agreements and how strictly the new guidelines will be enforced. Critics may argue that the mandatory reporting requirements could lead to unintended consequences, such as discouraging plea bargaining or impacting judicial discretion. The debate reflects broader tensions within the criminal justice system between maintaining flexibility for judges and the need for structured oversight to protect against systemic biases in sentencing.

Companion Bills

MD HB412

Crossfiled State Commission on Criminal Sentencing Policy – Plea Agreements and Annual Report (The Judicial Transparency Act of 2022)

Previously Filed As

MD HB412

State Commission on Criminal Sentencing Policy – Plea Agreements and Annual Report (The Judicial Transparency Act of 2022)

MD SB763

Public Safety and Criminal Justice - Transparency and Accountability

MD SB758

Criminal Procedure - Live Video Streaming of Public Proceedings (The Judicial Transparency Act 2.0)

MD SB703

Board of Public Works - Transparency Data Dashboard

MD HB877

Board of Public Works - Transparency Data Dashboard

MD SB432

Criminal Records – Expungement and Maryland Judiciary Case Search (Expungement Reform Act of 2025)

MD HB499

Criminal Records - Expungement and Maryland Judiciary Case Search (Expungement Reform Act of 2025)

MD SB340

Criminal Law - False Statements - Emergency or Commission of Crime (Antiswatting Act of 2023)

MD SB152

Criminal Law - Crimes Relating to Animals - Conviction and Sentencing

MD HB745

Criminal Law - False Statements - Emergency or Commission of Crime (Antiswatting Act of 2023)

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