Maryland 2022 Regular Session

Maryland Senate Bill SB129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0129
6	6
7	7	SENATE BILL 129
8	8	O1, D3 2lr1198
9	9	(PRE–FILED) CF HB 114
10	10	By: Senators Hettleman and Waldstreicher
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Access to Counsel in Immigration Proceedings Program 2
20	20
21	21	FOR the purpose of establishing the Access to Counsel in Immigration Proceedings 3
22	22	Program administered by the Maryland Legal Services Corporation to provide access 4
23	23	to legal representation to certain individuals in certain immigration proceedings and 5
24	24	education and outreach to certain individuals, families, and communities affected by 6
25	25	immigration proceedings and detention; establishing the Access to Counsel in 7
26	26	Immigration Proceedings Special Fund as a special, nonlapsing fund; requiring 8
27	27	interest earnings of the Fund to be credited to the Fund; and generally relating to 9
28	28	the Access to Counsel in Immigration Proceedings Program. 10
29	29
30	30	BY adding to 11
31	31	Article – Human Services 12
32	32	Section 12–101 through 12–301 to be under the new title “Title 12. Access to Counsel 13
33	33	in Immigration Proceedings Program” 14
34	34	Annotated Code of Maryland 15
35	35	(2019 Replacement Volume and 2021 Supplement) 16
36	36
37	37	BY repealing and reenacting, without amendments, 17
38	38	Article – State Finance and Procurement 18
39	39	Section 6–226(a)(2)(i) 19
40	40	Annotated Code of Maryland 20
41	41	(2021 Replacement Volume) 21
42	42
43	43	BY repealing and reenacting, with amendments, 22
44	44	Article – State Finance and Procurement 23
45	45	Section 6–226(a)(2)(ii)144. and 145. 24
46	46	Annotated Code of Maryland 25
47	47	(2021 Replacement Volume) 26
48	48	2 SENATE BILL 129
49	49
50	50
51	51	BY adding to 1
52	52	Article – State Finance and Procurement 2
53	53	Section 6–226(a)(2)(ii)146. 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume) 5
56	56
57	57	Preamble 6
58	58
59	59	WHEREAS, More than 400 Marylanders are forced to fight permanent separation 7
60	60	from their family and community in detention every year; and 8
61	61
62	62	WHEREAS, At least 7 out of 10 detained Marylanders are unable to access counsel 9
63	63	in immigration proceedings; and 10
64	64
65	65	WHEREAS, More than 600 children of detained Marylanders are harshly and 11
66	66	needlessly impacted each year by a parent being placed in immigration detention; and 12
67	67
68	68	WHEREAS, Legal representation dramatically increases the chance that an 13
69	69	individual achieves a successful outcome in their immigration case; and 14
70	70
71	71	WHEREAS, Universal representation pilot programs in Baltimore City and Prince 15
72	72	George’s County have helped to keep many Maryland families together over the past 3 16
73	73	years; and 17
74	74
75	75	WHEREAS, Immigration proceedings have a disparate impact on black and brown 18
76	76	households; and 19
77	77
78	78	WHEREAS, Providing access to counsel to Maryland residents in immigration cases 20
79	79	is a proven means of keeping families and communities together and avoiding the resulting 21
80	80	social, economic, and public health costs of deportation; and 22
81	81
82	82	WHEREAS, Maryland residents must be able to access legal representation in any 23
83	83	immigration proceeding where their liberty is at stake to provide for equal access to justice 24
84	84	and the courts; and 25
85	85
86	86	WHEREAS, It is the policy of the State that residents facing deportation shall have 26
87	87	access to legal representation in immigration proceedings, and the State shall provide 27
88	88	access to such representation to Maryland residents to assist in the fair administration of 28
89	89	justice; now, therefore, 29
90	90
91	91	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
92	92	That the Laws of Maryland read as follows: 31
93	93
94	94	Article – Human Services 32
95	95
96	96	TITLE 12. ACCESS TO COUNSEL IN IMMIGRATION PROCEEDINGS PROGRAM. 33
97	97	SENATE BILL 129 3
98	98
99	99
100	100	SUBTITLE 1. DEFINITIONS. 1
101	101
102	102	12–101. 2
103	103
104	104	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 3
105	105	INDICATED. 4
106	106
107	107	(B) “COVERED INDIVIDUAL ” MEANS AN INDIVIDUAL DETAINED IN THE 5
108	108	UNITED STATES WHO IS NOT REP RESENTED BY COUNSEL AND IS: 6
109	109
110	110	(1) A MARYLAND RESIDENT ; AND 7
111	111
112	112	(2) A MEMBER OF A HOUSEHOL D WITH AN IN COME THAT IS NOT 8
113	113	GREATER THAN 50% OF THE MEDIAN INCOME , ADJUSTED FOR HOUSEHO LD SIZE, IN 9
114	114	THE STATE AS DETERMINED B Y THE UNITED STATES DEPARTMENT OF HEALTH AND 10
115	115	HUMAN SERVICES. 11
116	116
117	117	(C) “COVERED PROCEEDING ” MEANS A JUDICIAL OR ADMINISTRATIVE 12
118	118	PROCEEDING WHERE A C OVERED INDIVIDUAL IS SUBJECT TO REMOVAL F ROM THE 13
119	119	UNITED STATES, OR A RELATED PROCEED ING, INCLUDING: 14
120	120
121	121	(1) HABEAS CORPUS PROCEE DINGS; 15
122	122
123	123	(2) FEDERAL APPEALS ; OR 16
124	124
125	125	(3) ANY OTHER CIVIL LEGA L MATTERS AFFECTING A COVERED 17
126	126	INDIVIDUAL’S REMOVAL PROCEEDING S. 18
127	127
128	128	(D) “DESIGNATED COMMUNITY GROUP” MEANS A NONPROFIT CO MMUNITY 19
129	129	ORGANIZATION OR ASSO CIATION DESIGNATED B Y MLSC THAT HAS THE CAPACIT Y 20
130	130	AND DEMONSTRATED ABI LITY TO CONDUCT OUTR EACH AND PROVIDE 21
131	131	ENGAGEMENT , EDUCATION, AND INFORMATION TO C OVERED INDIVIDUALS , THEIR 22
132	132	FAMILIES, OR COMMUNITIES IMPAC TED BY IMMIGRATION D ETENTION. 23
133	133
134	134	(E) “DESIGNATED ORGANIZATI ON” MEANS A NONPROFIT OR GANIZATION 24
135	135	OR ASSOCIATION DESIG NATED BY MLSC THAT: 25
136	136
137	137	(1) HAS THE CAPACITY TO PROVIDE LEGAL REPRES ENTATION FOR 26
138	138	COVERED INDIVIDUALS OR IDENTIFY A ND CONTRACT WITH PER SONS WHO CAN 27
139	139	PROVIDE LEGAL REPRES ENTATION; AND 28
140	140
141	141	(2) ENSURES INDEPENDENT , COMPETENT , AND ZEALOUS 29
142	142	REPRESENTATION OF CO VERED INDIVIDUALS . 30 4 SENATE BILL 129
143	143
144	144
145	145
146	146	(F) “FUND” MEANS THE ACCESS TO COUNSEL IN IMMIGRATION 1
147	147	PROCEEDINGS SPECIAL FUND. 2
148	148
149	149	(G) “MLSC” MEANS THE MARYLAND LEGAL SERVICES CORPORATION . 3
150	150
151	151	(H) “PROGRAM” MEANS THE ACCESS TO COUNSEL IN IMMIGRATION 4
152	152	PROCEEDINGS PROGRAM. 5
153	153
154	154	SUBTITLE 2. GENERAL PROVISIONS. 6
155	155
156	156	12–201. 7
157	157
158	158	(A) THERE IS AN ACCESS TO COUNSEL IN IMMIGRATION PROCEEDINGS 8
159	159	PROGRAM ADMINISTERED BY MLSC. 9
160	160
161	161	(B) THE PURPOSE OF THE PROGRAM IS TO ORGANIZ E AND DIRECT 10
162	162	SERVICES AND RESOURC ES IN ORDER TO PROVI DE ALL COVERED INDIV IDUALS WITH 11
163	163	ACCESS TO LEGAL REPR ESENTATION IN ALL CO VERED PROCEEDINGS . 12
164	164
165	165	12–202. 13
166	166
167	167	(A) A COVERED INDIVIDUAL S HALL HAVE ACCESS TO LEGAL 14
168	168	REPRESENTATION IN A COVERED PROCEEDING A S PROVIDED UNDER THI S 15
169	169	SUBTITLE. 16
170	170
171	171	(B) A DESIGNATED ORGANIZAT ION SHALL PROVIDE LE GAL 17
172	172	REPRESENTATION UNDER THE PROGRAM TO A COVERED INDIVIDUAL FOR A 18
173	173	COVERED PROCEEDING E ITHER DIRECTLY OR BY CONTRACTING WITH A S UITABLE 19
174	174	PROVIDER AS REQUIRED UNDER THIS SUBTITLE . 20
175	175
176	176	(C) A DESIGNATED ORGANIZAT ION SHALL ENSURE THA T A COVERED 21
177	177	INDIVIDUAL RECEIVES LEGAL REPRESENTATION IN A COVERED PROCEED ING AS 22
178	178	SOON AS POSSIBLE AFT ER THE INITIATION OF A COVERED PROCEED ING. 23
179	179
180	180	(D) IF FEASIBLE, LEGAL REPRESENTATION UNDER THIS SUBTITLE SHALL 24
181	181	BEGIN NOT LATER THAN THE TIME OF THE INDI VIDUAL’S FIRST SCHEDULED 25
182	182	APPEARANCE IN A COVE RED PROCEEDING . 26
183	183
184	184	12–203. 27
185	185
186	186	MLSC SHALL CONTRACT WITH DESIGNATED COMMUNITY GROUPS AND 28
187	187	AWARD GRANTS TO DESI GNATED ORGANIZATIONS TO CONDUCT OUTREACH AND 29 SENATE BILL 129 5
188	188
189	189
190	190	PROVIDE EDUCATION IN APPROPRIATE LANGUAGE S TO COVERED INDIVID UALS, 1
191	191	THEIR FAMILIES, AND COMMUNITIES IMPA CTED BY IMMIGRATION DETENTION BY : 2
192	192
193	193	(1) HOSTING KNOW –YOUR–RIGHTS TRAININGS AND OTHER 3
194	194	WORKSHOPS ; 4
195	195
196	196	(2) DISTRIBUTING WRITTEN INFORMATION ; AND 5
197	197
198	198	(3) ANY OTHER ACTIVITY N EEDED TO ENGAGE , EDUCATE, AND 6
199	199	INFORM INDIVIDUALS A BOUT THEIR RIGHTS . 7
200	200
201	201	12–204. 8
202	202
203	203	(A) ON OR BEFORE AUGUST 31, 2024, AND EACH AUGUST 31 THEREAFTER , 9
204	204	MLSC SHALL SUBMIT A WRIT TEN REPORT TO THE GOVERNOR AND , IN 10
205	205	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE HOUSE 11
206	206	JUDICIARY COMMITTEE AND THE SENATE JUDICIAL PROCEEDINGS COMMITTEE. 12
207	207
208	208	(B) THE REPORT SHALL PROV IDE: 13
209	209
210	210	(1) THE NUMBER OF COVERE D INDIVIDUALS PROVID ED LEGA L 14
211	211	REPRESENTATION DURIN G THE PREVIOUS CALEN DAR YEAR; 15
212	212
213	213	(2) INFORMATION ON AND M ETRICS EVALUATING TH E CASE 16
214	214	OUTCOMES; AND 17
215	215
216	216	(3) A SUMMARY OF THE ENG AGEMENT WITH AND EDU CATION OF 18
217	217	COVERED INDIVIDUALS , FAMILY MEMBERS , AND COMMUNITY MEMBER S 19
218	218	VULNERABLE TO DETENTION AND DEPORT ATION. 20
219	219
220	220	SUBTITLE 3. ACCESS TO COUNSEL IN IMMIGRATION PROCEEDINGS SPECIAL 21
221	221	FUND. 22
222	222
223	223	12–301. 23
224	224
225	225	(A) THERE IS AN ACCESS TO COUNSEL IN IMMIGRATION PROCEEDINGS 24
226	226	SPECIAL FUND. 25
227	227
228	228	(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO IMPLEMENT 26
229	229	ACCESS TO LEGAL REPRESENTAT ION IN COVERED PROCE EDINGS. 27
230	230
231	231	(C) MLSC SHALL ADMINISTER THE FUND. 28
232	232	6 SENATE BILL 129
233	233
234	234
235	235	(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
236	236	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
237	237
238	238	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
239	239	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4
240	240
241	241	(E) THE FUND CONSISTS OF : 5
242	242
243	243	(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 6
244	244
245	245	(2) INTEREST EARNINGS OF THE FUND; AND 7
246	246
247	247	(3) ANY OTHER MONEY FR OM ANY OTHER SOURCE ACCEPTED FOR 8
248	248	THE BENEFIT OF THE FUND. 9
249	249
250	250	(F) THE FUND MAY BE USED ONLY FOR: 10
251	251
252	252	(1) SERVICES PROVIDED TO IMPLEMENT THE PROGRAM AS 11
253	253	PROVIDED IN THIS SUB TITLE, INCLUDING COSTS ASSO CIATED WITH REQUIRED 12
254	254	LEGAL REPRESENTATION IN COVERED PROCEEDIN GS AND ANY OUTREACH AND 13
255	255	EDUCATION ACTIVITIES ; 14
256	256
257	257	(2) ADMINISTRATIVE EXPEN SES OF MLSC; AND 15
258	258
259	259	(3) EXPENSES RELATED TO TH E STUDY AND EVALUATI ON OF 16
260	260	SERVICES AND ACTIVIT IES PROVIDED UNDER T HIS SUBTITLE. 17
261	261
262	262	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 18
263	263	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 19
264	264
265	265	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 20
266	266	THE FUND. 21
267	267
268	268	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 22
269	269	WITH THE STATE BUDGET . 23
270	270
271	271	(I) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS NOT 24
272	272	INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 25
273	273	APPROPRIATED FOR CIVI L LEGAL SERVICES FRO M ANY OTHER SOURCE . 26
274	274
275	275	(J) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 27
276	276	ANNUAL BUDGET BILL A N APPROPRIATION OF $8,000,000 TO THE FUND. 28
277	277	SENATE BILL 129 7
278	278
279	279
280	280	Article – State Finance and Procurement 1
281	281
282	282	6–226. 2
283	283
284	284	(a) (2) (i) Notwithstanding any other provision of law, and unless 3
285	285	inconsistent with a federal law, grant agreement, or other federal requirement or with the 4
286	286	terms of a gift or settlement agreement, net interest on all State money allocated by the 5
287	287	State Treasurer under this section to special funds or accounts, and otherwise entitled to 6
288	288	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 7
289	289	Fund of the State. 8
290	290
291	291	(ii) The provisions of subparagraph (i) of this paragraph do not apply 9
292	292	to the following funds: 10
293	293
294	294	144. the Health Equity Resource Community Reserve Fund; 11
295	295	[and] 12
296	296
297	297	145. the Access to Counsel in Evictions Special Fund; AND 13
298	298
299	299	146. THE ACCESS TO COUNSEL IN IMMIGRATION 14
300	300	PROCEEDINGS SPECIAL FUND. 15
301	301
302	302	SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 16
303	303	the application thereof to any person or circumstance is held invalid for any reason in a 17
304	304	court of competent jurisdiction, the invalidity does not affect other provisions or any other 18
305	305	application of this Act that can be given effect without the invalid provision or application, 19
306	306	and for this purpose the provisions of this Act are declared severable. 20
307	307
308	308	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
309	309	October 1, 2022. 22
310	310
311	311