LAWRENCE J. HOGAN, JR., Governor Ch. 521
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Chapter 521
(Senate Bill 586)
AN ACT concerning
Criminal Procedure – Pretrial Release of Defendant – Notice and Public Safety –
Courts and Criminal Justice in Baltimore City
FOR the purpose of requiring a court and the Office of the State’s Attorney the Department
of Public Safety and Correctional Services to notify a certain law enforcement agency
the Baltimore Police Department if a defendant charged with certain crimes is
released prior to trial; and generally relating to pretrial release procedures
establishing the Jobs Court Pilot Program in the District Court sitting in Baltimore
City; requiring the Administrative Office of the Courts to take certain actions
including providing a certain report, in consultation with the Baltimore Workforce
Development Board, to the Governor and the General Assembly on or before a certain
date; requiring the Baltimore Police Department to report certain information to the
Baltimore City Delegation to the General Assembly regarding firearms destroyed,
seized, or recovered by the Department during a certain year; providing for a certain
penalty for noncompliance; and generally relating to Courts and Criminal Justice in
Baltimore City.
BY adding to
Article – Criminal Procedure
Section 5–105 and 6–236
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 11–104(f)(4)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to
Article – Public Safety
Section 3–501.1
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
5–105. Ch. 521 2022 LAWS OF MARYLAND
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(A) THIS SECTION APPLIES ONLY TO A DEFENDANT WHO I S CHARGED WITH :
(1) MURDER IN THE FIRST DEGREE;
(2) MURDER IN THE SECOND DEGREE;
(3) ATTEMPTED MURDER IN THE FIRST DEGREE;
(4) ATTEMPTED MURDER IN THE SECOND DEGREE ;
(5) ROBBERY WITH A DANGE ROUS WEAPON ; OR
(6) ARMED CARJACKING IN BALTIMORE CITY.
(B) IF A DEFENDANT IS REL EASED BEFORE TRIAL , THE COURT AND THE
OFFICE OF THE STATE’S ATTORNEY DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES SHALL PROVIDE NOTICE WITHIN 48 24 HOURS OF THE
RELEASE TO THE LAW ENFORCEMENT AGEN CY THAT ARRESTED THE DEFENDANT
BALTIMORE POLICE DEPARTMENT .
(C) NOTICE PROVIDED UNDER THIS SECTION SHALL B E PROVIDED IN A
MANNER THAT ALLO WS THE SORTING AND F ILTERING OF THE INFO RMATION
PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Criminal Procedure
6–236.
(A) THERE IS A JOBS COURT PILOT PROGRAM IN THE DISTRICT COURT
SITTING IN BALTIMORE CITY.
(B) THE PURPOSE OF THE PI LOT PROGRAM IS TO RE DUCE RECIDIVISM BY
OFFERING DEFENDANTS AN OPPORTUNITY TO PA RTICIPATE IN FULL –TIME JOB
TRAINING AND JOB PLA CEMENT PROGRAMS AS A CONDITION OF PROBATION , AN
ALTERNATIVE TO INCAR CERATION, OR A CONDITION OF PR ETRIAL RELEASE .
(C) TO ACCOMPLISH THE PUR POSE OF THE PILOT PR OGRAM, THE
ADMINISTRATIVE OFFICE OF THE COURTS SHALL DEVELOP A PLAN TO IMPLEMENT
AND MONITOR THE PILOT PROGRAM . LAWRENCE J. HOGAN, JR., Governor Ch. 521
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(D) ON OR BEFORE JUNE 30, 2027, THE ADMINISTRATIVE OFFICE OF THE
COURTS, IN CONSULTATION WITH THE BALTIMORE WORKFORCE DEVELOPMENT
BOARD, SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE
OPERATION AND RESULTS O F THE PILOT PROGRAM .
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Public Safety
3–501.1.
(A) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING MARCH 1, 2023,
THE BALTIMORE POLICE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
ASSEMBLY REGARDING TH E FIREARMS DESTROYED , SEIZED, OR RECOVE RED BY
THE BALTIMORE POLICE DEPARTMENT DURING THE PRECEDING CALENDAR Y EAR.
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL ADD RESS:
(I) THE NUMBER OF FIREAR MS DESTROYED , SEIZED, OR
RECOVERED DURING THE REPORTING PERIOD ;
(II) THE MANUFACTURER AND TYPE OF EACH FIREARM , TO THE
EXTENT KNOWN , INCLUDING WHETHER IT IS A HANDGUN, RIFLE, MACHINE GUN , OR
SHOTGUN;
(III) WHETHER EACH FIREARM HAD A SERIAL NUMBER ;
(IV) THE REASON FOR THE D ESTRUCTION OF EACH F IREARM;
(V) THE SOURCE OF EACH FIREARM , INCLUDING SEIZURE FR OM
A CRIMINAL DEFENDANT , CRIME EVIDENCE , AGENCY PURCHASE , TURNED IN TO THE
AGENCY BY A CITIZEN , OR ANY OTHER SOURCE ; AND
(VI) ANY OTHER RELEVANT I NFORMATION .
(B) THE REPORT SUBMITTED ON MARCH 1, 2023, UNDER SUBSECTION (A)
OF THIS SECTION SHAL L ALSO INCLUDE INFOR MATION REGARDING FIR EARMS
DESTROYED, SEIZED, OR RECOVERED BY THE BALTIMORE POLICE DEPARTMENT
DURING EACH CALENDAR YEAR FROM 2012 THROUGH 2021. Ch. 521 2022 LAWS OF MARYLAND
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(C) IF THE BALTIMORE POLICE DEPARTMENT HAS NOT SU BMITTED A
REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION , THE GOVERNOR’S
OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES MAY NOT MAKE
ANY GRANT FUNDS AVAI LABLE TO THE BALTIMORE POLICE DEPARTMENT .
SECTION 3. 4. AND BE IT FURTHER ENACTED, That for in each of fiscal year
years 2024, 2025, 2026, 2027, and 2028, the Governor shall include in the annual State
budget an appropriation of at least $500,000 to the Baltimore Workforce Development
Board to be distributed to local workforce investment boards or other nonprofit entities that
participate in the pilot program Jobs Court Pilot Program by identifying employers and
training programs.
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect July 1, 2023. Section 2 of this Act shall remain effective for a period of 5 years and, at
the end of June 30, 2028, Section 2 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
SECTION 2. 4. 6. AND BE IT FURTHER ENACTED, That , except as provided in
Section 5 of this Act, this Act shall take effect October July 1, 2022. Section 2 3 of this Act
shall remain effective for a period of 5 years and, at the end of June 30, 2027, Section 2 3
of this Act, with no further action required by the General Assembly, shall be abrogated
and of no further force and effect.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.