Maryland 2022 2022 Regular Session

Maryland Senate Bill SB586 Engrossed / Bill

Filed 03/11/2022

                     
 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
         *sb0586*  
   
SENATE BILL 586 
E2   	2lr1162 
    	CF HB 441 
By: Senators McCray, Washington, Hayes, and Ferguson 
Introduced and read first time: February 2, 2022 
Assigned to: Judicial Proceedings 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: March 1, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Criminal Procedure – Pretrial Release of Defendant – Notice and Public Safety – 2 
Courts and Criminal Justice in Baltimore City 3 
 
 FOR the purpose of requiring a court and the Office of the State’s Attorney the Department 4 
of Public Safety and Correctional Services to notify a certain law enforcement agency 5 
the Baltimore Police Department if a defendant charged with certain crimes is 6 
released prior to trial; and generally relating to pretrial release procedures 7 
establishing the Jobs Court Pilot Program in the District Court sitting in Baltimore 8 
City; requiring the Administrative Office of the Courts to take certain actions 9 
including providing a certain report, in consultation with the Baltimore Workforce 10 
Development Board, to the Governor and the General Assembly on or before a certain 11 
date; requiring the Baltimore Police Department to report certain information to the 12 
Baltimore City Delegation to the General Assembly regarding firearms destroyed, 13 
seized, or recovered by the Department during a certain year; providing for a certain 14 
penalty for noncompliance; and generally relating to Courts and Criminal Justice in 15 
Baltimore City. 16 
 
BY adding to 17 
 Article – Criminal Procedure 18 
Section 5–105 and 6–236 19 
 Annotated Code of Maryland 20 
 (2018 Replacement Volume and 2021 Supplement) 21 
 
BY repealing and reenacting, with amendments, 22 
 Article – Criminal Procedure 23  2 	SENATE BILL 586  
 
 
 Section 11–104(f)(4) 1 
 Annotated Code of Maryland 2 
 (2018 Replacement Volume and 2021 Supplement) 3 
 
BY adding to 4 
 Article – Public Safety 5 
 Section 3–501.1 6 
 Annotated Code of Maryland 7 
 (2018 Replacement Volume and 2021 Supplement)  8 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 
That the Laws of Maryland read as follows: 10 
 
Article – Criminal Procedure 11 
 
5–105. 12 
 
 (A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH : 13 
 
 (1) MURDER IN THE FIRST DEGREE; 14 
 
 (2) MURDER IN THE SECOND DEGREE; 15 
 
 (3) ATTEMPTED MURDER IN THE FIRST DEGREE ; 16 
 
 (4) ATTEMPTED MURDER IN THE SECOND DEGREE ; 17 
 
 (5) ROBBERY WITH A DANGE ROUS WEAPON ; OR 18 
 
 (6) ARMED CARJACKING IN BALTIMORE CITY. 19 
 
 (B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE 20 
OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND 21 
CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE 22 
RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT 23 
BALTIMORE POLICE DEPARTMENT . 24 
 
 (C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED IN A 25 
MANNER THAT ALLOWS T HE SORTING AND FILTE RING OF THE INFORMAT ION 26 
PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 27 
SERVICES. 28 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29 
as follows: 30 
 
Article – Criminal Procedure 31   	SENATE BILL 586 	3 
 
 
 
6–236. 1 
 
 (A) THERE IS A JOBS COURT PILOT PROGRAM IN THE DISTRICT COURT 2 
SITTING IN BALTIMORE CITY. 3 
 
 (B) THE PURPOSE OF THE PI LOT PROGRAM IS TO RE DUCE RECIDIVISM BY 4 
OFFERING DEFENDANTS AN OPPORTUNITY TO PA RTICIPATE IN FULL –TIME JOB 5 
TRAINING AND JOB PLA CEMENT PROGRAMS AS A CONDITION OF PROBATI ON, AN 6 
ALTERNATIVE TO INCAR CERATION, OR A CONDITION OF PR ETRIAL RELEASE .  7 
 
 (C) TO ACCOMPLISH THE PUR POSE OF THE PILOT PR OGRAM, THE 8 
ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP A PLAN TO IMPLEMENT 9 
AND MONITOR THE PILOT PROGRAM . 10 
 
 (D) ON OR BEFORE JUNE 30, 2027, THE ADMINISTRATIVE OFFICE OF THE 11 
COURTS, IN CONSULTATION WITH THE BALTIMORE WORKFORCE DEVELOPMENT 12 
BOARD, SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 13 
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 14 
OPERATION AND RESULT S OF THE PILOT PROGR AM.  15 
 
Article – Public Safety 16 
 
3–501.1. 17 
 
 (A) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING MARCH 1, 2023, 18 
THE BALTIMORE POLICE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND, IN 19 
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 20 
ASSEMBLY REGARDING TH E FIREARMS DESTROYED , SEIZED, OR RECOVERED BY 21 
THE BALTIMORE POLICE DEPARTMENT DURING THE PRECEDING CALENDAR Y EAR. 22 
 
 (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 23 
SUBSECTION SHALL ADD RESS: 24 
 
 (I) THE NUMBER OF FIREAR MS DESTROYED , SEIZED, OR 25 
RECOVERED DURING THE REPORTING PERIOD ; 26 
 
 (II) THE MANUFACTURER AND TYPE OF EACH FIREARM , TO THE 27 
EXTENT KNOWN , INCLUDING WHETHER IT IS A HANDGUN, RIFLE, MACHINE GUN, OR 28 
SHOTGUN; 29 
 
 (III) WHETHER EACH FIREARM HAD A SERIAL NUMBER ; 30 
 
 (IV) THE REASON FOR THE D ESTRUCTION OF EACH F IREARM; 31  4 	SENATE BILL 586  
 
 
 
 (V) THE SOURCE OF EACH F IREARM, INCLUDING SEIZURE FR OM 1 
A CRIMINAL DEFENDANT , CRIME EVIDENCE , AGENCY PURCHASE , TURNED IN TO THE 2 
AGENCY BY A CITIZEN , OR ANY OTHER SOURCE ; AND 3 
 
 (VI) ANY OTHER RELEVANT I NFORMATION . 4 
 
 (B) THE REPORT SUBMITTED ON MARCH 1, 2023, UNDER SUBSECTION (A) 5 
OF THIS SECTION SHAL L ALSO INCLUDE INFOR MATION REGARDING FIR EARMS 6 
DESTROYED, SEIZED, OR RECOVERED BY T HE BALTIMORE POLICE DEPARTMENT 7 
DURING EACH CALENDAR YEAR FROM 2012 THROUGH 2021. 8 
 
 (C) IF THE BALTIMORE POLICE DEPARTMENT HAS NOT SU BMITTED A 9 
REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION , THE GOVERNOR’S 10 
OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES MAY NOT MAKE 11 
ANY GRANT FUNDS AVAI LABLE TO THE BALTIMORE POLICE DEPARTMENT . 12 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2024, the 13 
Governor shall include in the annual State budget an appropriation of at least $500,000 to 14 
the Baltimore Workforce Development Board to be distributed to local workforce 15 
investment boards or other nonprofit entities that participate in the pilot program by 16 
identifying employers and training programs.  17 
 
 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 
October July 1, 2022. Section 2 of this Act shall remain effective for a period of 5 years and, 19 
at the end of June 30, 2027, Section 2 of this Act, with no further action required by the 20 
General Assembly, shall be abrogated and of no further force and effect.  21 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.