Maryland 2022 Regular Session

Maryland Senate Bill SB585 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 174
21
3-– 1 –
4-Chapter 174
5-(Senate Bill 585)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0585*
89
9-Warrant Apprehension Reduction Grant
10-Public Safety – Warrants and Absconding
10+SENATE BILL 585
11+E4 2lr1958
1112
12-FOR the purpose of altering a certain definition of “absconding” as it relates to parole and
13-probation, to include leaving an inpatient residential treatment facility that an
14-individual was placed in under court order without the permission of a certain
15-administrator; establishing warrant apprehension grants; requiring the Governor’s
16-Office of Crime Prevention, Youth, and Victim Services to administer funds for the
17-grants; and generally relating to warrant apprehension and local law enforcement
18-agencies. warrants and absconding.
13+By: Senator McCray Senators McCray and Hough, Hough, Corderman, Eckardt,
14+Edwards, Elfreth, Griffith, Guzzone, Jackson, King, Rosapepe, Salling,
15+Young, and Zucker
16+Introduced and read first time: February 2, 2022
17+Assigned to: Judicial Proceedings and Budget and Taxation
18+Committee Report: Favorable with amendments
19+Senate action: Adopted with floor amendments
20+Read second time: February 28, 2022
1921
20-BY repealing and reenacting, without amendments,
21- Article – Correctional Services
22- Section 6–101(a)
23- Annotated Code of Maryland
24- (2017 Replacement Volume and 2021 Supplement)
22+CHAPTER ______
2523
26-BY repealing and reenacting, with amendments,
27- Article – Correctional Services
28- Section 6–101(b)
29- Annotated Code of Maryland
30- (2017 Replacement Volume and 2021 Supplement)
24+AN ACT concerning 1
3125
32-BY repealing and reenacting, without amendments,
33- Article – Public Safety
34-Section 4–1008
35- Annotated Code of Maryland
36- (2018 Replacement Volume and 2021 Supplement)
26+Warrant Apprehension Reduction Grant 2
27+Public Safety – Warrants and Absconding 3
3728
38-BY adding to
39- Article – Public Safety
40-Section 4–1011
41- Annotated Code of Maryland
42- (2018 Replacement Volume and 2021 Supplement)
29+FOR the purpose of altering a certain definition of “absconding” as it relates to parole and 4
30+probation, to include leaving an inpatient residential treatment facility that an 5
31+individual was placed in under court order without the permission of a certain 6
32+administrator; establishing warrant apprehension grants; requiring the Governor’s 7
33+Office of Crime Prevention, Youth, and Victim Services to administer funds for the 8
34+grants; and generally relating to warrant apprehension and local law enforcement 9
35+agencies. warrants and absconding. 10
4336
44- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
45-That the Laws of Maryland read as follows:
37+BY repealing and reenacting, without amendments, 11
38+ Article – Correctional Services 12
39+ Section 6–101(a) 13
40+ Annotated Code of Maryland 14
41+ (2017 Replacement Volume and 2021 Supplement) 15
4642
47-Article – Correctional Services
43+BY repealing and reenacting, with amendments, 16
44+ Article – Correctional Services 17
45+ Section 6–101(b) 18
46+ Annotated Code of Maryland 19
47+ (2017 Replacement Volume and 2021 Supplement) 20
48+ 2 SENATE BILL 585
4849
49-6–101. Ch. 174 2022 LAWS OF MARYLAND
5050
51-– 2 –
51+BY repealing and reenacting, without amendments, 1
52+ Article – Public Safety 2
53+Section 4–1008 3
54+ Annotated Code of Maryland 4
55+ (2018 Replacement Volume and 2021 Supplement) 5
5256
53- (a) In this subtitle the following words have the meanings indicated.
57+BY adding to 6
58+ Article – Public Safety 7
59+Section 4–1011 8
60+ Annotated Code of Maryland 9
61+ (2018 Replacement Volume and 2021 Supplement) 10
5462
55- (b) (1) “Absconding” means willfully evading supervision.
63+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64+That the Laws of Maryland read as follows: 12
5665
57- (2) “ABSCONDING” INCLUDES LEAVING AN INPATIENT RESIDENTIA L
58-TREATMENT FACILITY T HAT AN INDIVIDUAL WA S PLACED IN UNDER A COURT ORDER
59-FOR DRUG OR ALCOHOL TREATMENT WITHOUT TH E PERMISSION OF THE
60-ADMINISTRATOR , AS DEFINED IN § 8–101 OF THE HEALTH – GENERAL ARTICLE.
66+Article – Correctional Services 13
6167
62- (3) “Absconding” does not include missing a single appointment with a
63-supervising authority.
68+6–101. 14
6469
65- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
66-as follows:
70+ (a) In this subtitle the following words have the meanings indicated. 15
6771
68-Article – Public Safety
72+ (b) (1) “Absconding” means willfully evading supervision. 16
6973
70-4–1008.
74+ (2) “ABSCONDING” INCLUDES LEAVING AN INPATIENT RESIDENTIA L 17
75+TREATMENT FACILITY T HAT AN INDIVIDUAL WA S PLACED IN UNDER A COURT ORDER 18
76+FOR DRUG OR ALCOHOL TREATMENT WITHOUT TH E PERMISSION OF THE 19
77+ADMINISTRATOR , AS DEFINED IN § 8–101 OF THE HEALTH – GENERAL ARTICLE. 20
7178
72- A local government or nonprofit entity that receives funding under this subtitle:
79+ (3) “Absconding” does not include missing a single appointment with a 21
80+supervising authority. 22
7381
74- (1) may use the funding only in accordance with the provisions of this
75-subtitle; and
82+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
83+as follows: 24
7684
77- (2) shall comply with any data sharing and reporting requirements
78-established by the Executive Director of the Governor’s Office of Crime Prevention, Youth,
79-and Victim Services under § 4–1009 of this subtitle as a condition of receiving funding.
85+Article – Public Safety 25
8086
81-4–1011.
87+4–1008. 26
8288
83- (A) IN THIS SECTION, “LOCAL LAW ENFORCEMEN T AGENCY” MEANS:
89+ A local government or nonprofit entity that receives funding under this subtitle: 27
8490
85- (1) A POLICE DEPARTMENT OF A COUNTY OR MUNIC IPAL
86-CORPORATION IN THE STATE; OR
91+ (1) may use the funding only in accordance with the provisions of this 28
92+subtitle; and 29
8793
88- (2) THE OFFICE OF THE SH ERIFF THAT PROVIDES A LAW
89-ENFORCEMENT FUNCTION IN A COUNTY OR MUNIC IPAL CORPORATION IN THE
90-STATE.
94+ (2) shall comply with any data sharing and reporting requirements 30
95+established by the Executive Director of the Governor’s Office of Crime Prevention, Youth, 31
96+and Victim Services under § 4–1009 of this subtitle as a condition of receiving funding. 32
97+ SENATE BILL 585 3
9198
92- (B) FOR FISCAL YEARS 2024 THROUGH 2026, EACH YEAR THE GOVERNOR
93-SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $2,000,000
94-FOR LOCAL LAW ENFORC EMENT AGENCIES TO BE USED AS GRANTS FOR W ARRANT
95-APPREHENSION EFFORTS .
96- LAWRENCE J. HOGAN, JR., Governor Ch. 174
9799
98-– 3 –
99- (C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
100-VICTIM SERVICES SHALL ADMINI STER THE GRANT FUNDS IN ACCORDANCE WITH §
101-4–1008 OF THIS SUBTITLE.
100+4–1011. 1
102101
103- (2) LOCAL LAW ENFORCEMENT AGENCIES MAY USE THE GRANT
104-FUNDS FOR THE FOLLOW ING PURPOSES:
102+ (A) IN THIS SECTION, “LOCAL LAW ENFORCEMEN T AGENCY” MEANS: 2
105103
106- (I) TO REDUCE WARRANTS I N THE AGENCY’S JURISDICTION;
104+ (1) A POLICE DEPARTMENT OF A COUNTY OR MUNIC IPAL 3
105+CORPORATION IN THE STATE; OR 4
107106
108- (II) TO INCREASE COORDINA TION AND COOPERATION BETWEEN
109-LOCAL LAW ENFORCEMEN T AND STATE AND FEDER AL AGENCIES REGARDIN G
110-OUTSTANDING WARRANTS ; AND
107+ (2) THE OFFICE OF THE SH ERIFF THAT PROVIDES A LAW 5
108+ENFORCEMENT FUNCTION IN A COUNTY OR MUNIC IPAL CORPORATION IN THE 6
109+STATE. 7
111110
112- (III) TO REDUCE THE NUMBER OF OUTSTANDING WARRA NTS
113-RELATED TO VIOLENT C RIMES.
111+ (B) FOR FISCAL YEARS 2024 THROUGH 2026, EACH YEAR THE GOVERNOR 8
112+SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATIO N OF $2,000,000 9
113+FOR LOCAL LAW ENFORC EMENT AGENCIES TO BE USED AS GRANTS FOR W ARRANT 10
114+APPREHENSION EFFORTS . 11
114115
115- (D) THE FUNDS REQUIRED TO BE INCLUDED IN THE A NNUAL BUDGET BILL
116-UNDER SUBSECTION (B) OF THIS SECTION SHAL L BE USED SOLELY TO SUPPLEMENT ,
117-AND NOT SUPPLANT , FUNDS OTHERWISE AVAI LABLE TO LOCAL LAW E NFORCEMENT
118-AGENCIES FOR WARRANT APPREHENSION EFFORTS .
116+ (C) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 12
117+VICTIM SERVICES SHALL ADMINI STER THE GRANT FUNDS IN ACCORDANCE WITH § 13
118+4–1008 OF THIS SUBTITLE. 14
119119
120- (E) AN ELIGIBLE LOCAL LAW ENFORCEMENT AGENCY T HAT RECEIVES A
121-GRANT UNDER SUBSECTI ON (B) OF THIS SECTION SHAL L SUBMIT FOR EACH FI SCAL
122-YEAR THE FOLLOWING T O THE EXECUTIVE DIRECTOR:
120+ (2) LOCAL LAW ENFORCEMENT AGENCIES MAY USE THE GRANT 15
121+FUNDS FOR THE FOLLOW ING PURPOSES: 16
123122
124- (1) PROOF OF THE EXPENDI TURE OF THE GRANT FU NDS AND THE
125-PURPOSES FOR WHICH T HE FUNDS WERE EXPEND ED;
123+ (I) TO REDUCE WARRANTS I N THE AGENCY’S JURISDICTION; 17
126124
127- (2) TOTAL WARRANTS IN EA CH COUNTY BY TYPE OF WARRANT AND
128-RELATED OFFENSE ;
125+ (II) TO INCREASE COORDINA TION AND COOPERATION BETWEEN 18
126+LOCAL LAW ENFORCEMEN T AND STATE AND FEDERAL AGENCIES REG ARDING 19
127+OUTSTANDING WARRANTS ; AND 20
129128
130- (3) TOTAL NUMBER OF WAR RANTS REDUCED AND SU SPECTS
131-APPREHENDED , DELINEATED BY OFFENS E; AND
129+ (III) TO REDUCE THE NUMBER OF OUTSTANDING WARRA NTS 21
130+RELATED TO VIOLENT C RIMES. 22
132131
133- (4) ANY RELATED OUTCOME –BASED PERFORMANCE ME ASURES AS
134-REQUIRED BY § 4–1009 OF THIS SUBTITLE.
132+ (D) THE FUNDS REQUIRED TO BE INCLUDED IN THE A NNUAL BUDGET BILL 23
133+UNDER SUBSECTION (B) OF THIS SECTION SHAL L BE USED SOLE LY TO SUPPLEMENT , 24
134+AND NOT SUPPLANT , FUNDS OTHERWISE AVAI LABLE TO LOCAL LAW E NFORCEMENT 25
135+AGENCIES FOR WARRANT APPREHENSION EFFORTS . 26
135136
136- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
137-effect October 1, 2022.
137+ (E) AN ELIGIBLE LOCAL LAW ENFORCEMENT AGENCY T HAT RECEIVES A 27
138+GRANT UNDER SUBSECTI ON (B) OF THIS SECTION SHAL L SUBMIT FOR EAC H FISCAL 28
139+YEAR THE FOLLOWING T O THE EXECUTIVE DIRECTOR: 29
138140
139- SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in
140-Section 3 of this Act, this Act shall take effect July 1, 2022. It Section 2 of this Act shall
141-remain effective for a period of 4 years and 6 months and, at the end of December 31, 2026, Ch. 174 2022 LAWS OF MARYLAND
141+ (1) PROOF OF THE EXPENDI TURE OF THE GRANT FU NDS AND THE 30
142+PURPOSES FOR WHICH T HE FUNDS WERE EXPEND ED; 31
143+ 4 SENATE BILL 585
142144
143-– 4 –
144-Section 2 of this Act, with no further action required by the General Assembly, shall be
145-abrogated and of no further force and effect.
146145
147-Approved by the Governor, April 21, 2022.
146+ (2) TOTAL WARRANTS IN EA CH COUNTY BY TYPE OF WARRANT AND 1
147+RELATED OFFENSE ; 2
148+
149+ (3) TOTAL NUMBER O F WARRANTS REDUCED A ND SUSPECTS 3
150+APPREHENDED , DELINEATED BY OFFENS E; AND 4
151+
152+ (4) ANY RELATED OUTCOME –BASED PERFORMANCE ME ASURES AS 5
153+REQUIRED BY § 4–1009 OF THIS SUBTITLE. 6
154+
155+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 7
156+effect October 1, 2022. 8
157+
158+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 9
159+Section 3 of this Act, this Act shall take effect July 1, 2022. It Section 2 of this Act shall 10
160+remain effective for a period of 4 years and 6 months and, at the end of December 31, 2026, 11
161+Section 2 of this Act, with no further action required by the General Assembly, shall be 12
162+abrogated and of no further force and effect. 13
163+
164+
165+
166+
167+Approved:
168+________________________________________________________________________________
169+ Governor.
170+________________________________________________________________________________
171+ President of the Senate.
172+________________________________________________________________________________
173+ Speaker of the House of Delegates.