Maryland 2022 Regular Session

Maryland Senate Bill SB587 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	sb0587
6	6
7	7	SENATE BILL 587
8	8	E4 2lr1826
9	9
10	10	By: Senators McCray, Washington, Hayes, Ferguson, Sydnor, and Watson
11	11	Introduced and read first time: February 2, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Division of Parole and Probation – Duties – Offenders Under Supervision 2
19	19	(Parole and Probation Performance Act) 3
20	20
21	21	FOR the purpose of altering the duties of the Division of Parole and Probation to include 4
22	22	the examination and review of murders involving offenders under the supervision of 5
23	23	the Division for a certain purpose; and generally relating to the duties of the Division 6
24	24	of Parole and Probation. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Correctional Services 9
28	28	Section 6–104(a) 10
29	29	Annotated Code of Maryland 11
30	30	(2017 Replacement Volume and 2021 Supplement) 12
31	31
32	32	BY adding to 13
33	33	Article – Correctional Services 14
34	34	Section 6–122 15
35	35	Annotated Code of Maryland 16
36	36	(2017 Replacement Volume and 2021 Supplement) 17
37	37
38	38	Preamble 18
39	39
40	40	WHEREAS, The State of Maryland has been facing an ongoing crisis in which the 19
41	41	Department of Public Safety and Correctional Services’ Division of Parole and Probation 20
42	42	plays a pivotal role; and 21
43	43
44	44	WHEREAS, There is an alarming correlation between homicides in Maryland and 22
45	45	supervised offenders as a vast number of murder and nonfatal shooting victims are 23
46	46	individuals under the purview of the Division of Parole and Probation; and 24
47	47	2 SENATE BILL 587
48	48
49	49
50	50	WHEREAS, In Maryland, from 2019 to 2021, the State has encountered a consistent 1
51	51	average of 118.7 murders of persons who are under the supervision of the Division of Parole 2
52	52	and Probation. In the same time period there has been an average of 255.3 nonfatal 3
53	53	shootings of supervisees; and 4
54	54
55	55	WHEREAS, There has been an increase in violent crime across the State of 5
56	56	Maryland of supervised individuals involved in a homicide or nonfatal shooting; and 6
57	57
58	58	WHEREAS, Year to year, the State faces the same number of supervised, 7
59	59	noncompliant offenders who kill or are killed. In 2021, over half (56.1%) of homicide 8
60	60	suspects were found to be noncompliant with their parole or probation. Many of those 9
61	61	offenders (35%) were found to have already–pending supervision violations; and 10
62	62
63	63	WHEREAS, To combat this issue and its resulting ramifications, it is imperative 11
64	64	that measurable objectives be set and a specific course of action be taken to meet and 12
65	65	achieve those goals; and 13
66	66
67	67	WHEREAS, In order to reduce the number of supervised individuals involved in 14
68	68	homicides and increase compliance of offenders, the State must satisfy its requisites for 15
69	69	proper supervision; and 16
70	70
71	71	WHEREAS, The lack of supervision is directly related to the lack of supervisors who 17
72	72	oversee, manage, contact, frequently follow up, and provide supports to offenders. As of 18
73	73	November 2021, the Community Supervision Division has 129 agent and monitor vacancies 19
74	74	that need to be filled urgently; and 20
75	75
76	76	WHEREAS, To prevent the reprise of homicides and nonfatal shootings involving 21
77	77	Division of Parole and Probation supervisees, it is crucial that the State devise a vigorous 22
78	78	approach to address its lack thereof; now, therefore, 23
79	79
80	80	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
81	81	That the Laws of Maryland read as follows: 25
82	82
83	83	Article – Correctional Services 26
84	84
85	85	6–104. 27
86	86
87	87	(a) Subject to the authority of the Secretary and in addition to any other duties 28
88	88	established by law, the Division: 29
89	89
90	90	(1) shall: 30
91	91
92	92	(i) administer a validated screening tool on each individual on 31
93	93	parole or mandatory supervision under the supervision of the Division; 32
94	94	SENATE BILL 587 3
95	95
96	96
97	97	(ii) administer a risk and needs assessment and develop an 1
98	98	individualized case plan for each individual on parole or mandatory supervision who has 2
99	99	been screened as moderate or high risk to reoffend; 3
100	100
101	101	(iii) supervise an individual on parole or mandatory supervision 4
102	102	based on the results of a validated screening tool or risk and needs assessment conducted 5
103	103	under items (i) or (ii) of this item; 6
104	104
105	105	(iv) supervise an individual under mandatory supervision until the 7
106	106	expiration of the individual’s maximum term or terms of confinement; 8
107	107
108	108	(v) regularly inform the Commission of the activities of offenders 9
109	109	who are supervised by the Division, including, if requested by the Commission, any 10
110	110	graduated sanctions imposed under § 6–121 of this subtitle; 11
111	111
112	112	(vi) issue a warrant for the retaking of an offender charged with a 12
113	113	violation of a condition of parole or mandatory supervision, if this authority is delegated by 13
114	114	the Commission to the Director of the Division; [and] 14
115	115
116	116	(vii) administer the Drinking Driver Mon itor Program, collect 15
117	117	supervision fees, and adopt guidelines for collecting the monthly program fee assessed in 16
118	118	accordance with § 6–115 of this subtitle; and 17
119	119
120	120	(VIII) EXAMINE AND REVIEW M URDERS INVOLVING OFF ENDERS 18
121	121	WHO ARE SUPERVISED B Y THE DIVISION FOR T HE PURPOSE OF ADVISI NG THE 19
122	122	SECRETARY ON POLICIES AND PROGRAMS TO PREV ENT SUCH MURDERS , 20
123	123	INCLUDING: 21
124	124
125	125	1. MURDER COMMITTED BY AN OFFENDER UNDER TH E 22
126	126	SUPERVISION OF THE DIVISION, IF THE OFFENDER IS C ONVICTED; AND 23
127	127
128	128	2. THE MURDER OF AN OFF ENDER UNDER THE 24
129	129	SUPERVISION OF THE DIVISION; AND 25
130	130
131	131	(2) may recommend: 26
132	132
133	133	(i) that the Commission modify any condition of parole or 27
134	134	mandatory supervision; and 28
135	135
136	136	(ii) that the Commission issue a warrant for the retaking of an 29
137	137	offender. 30
138	138
139	139	6–122. 31
140	140
141	141	ON OR BEFORE DECEMBER 31, 2022, AND EACH DECEMBER 31 THEREAFTER , 32
142	142	THE DIVISION SHALL REPORT, IN ACCORDANCE WITH § 2–1257 OF THE STATE 33 4 SENATE BILL 587
143	143
144	144
145	145	GOVERNMENT ARTICLE, TO THE SENATE JUDICIAL PROCEEDINGS COMMITTEE 1
146	146	AND THE HOUSE JUDICIARY COMMITTEE ON: 2
147	147
148	148	(1) THE ACTIVITIES OF TH E DIVISION INTENDED TO REDUCE THE 3
149	149	NUMBER OF MURDERS IN VOLVING OFFENDERS WH O ARE SUPERVISED BY THE 4
150	150	DIVISION; 5
151	151
152	152	(2) ACTIONS TAKEN BY THE DIVISION UNDER § 6–104(A)(1)(VIII) OF 6
153	153	THIS SUBTITLE, INCLUDING RECOMMENDA TIONS ON POLICY AND PROGRAMS MADE 7
154	154	TO THE SECRETARY; AND 8
155	155
156	156	(3) THE NUMBER OF OFFENDERS SUPERVISED BY THE DIVISION THAT 9
157	157	WERE SHOOTING VICTIM S, HOMICIDE VICTIM S, OR CHARGED WITH OR I DENTIFIED 10
158	158	AS SUSPECTS IN A HOMICIDE , NONFATAL SHOOTING , ROBBERY, RAPE, 11
159	159	POLICE–INVOLVED SHOOTING , OR ANY CRIME INVOLVI NG THE OFFENDER’S USE OF 12
160	160	A FIREARM. 13
161	161
162	162	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
163	163	October 1, 2022. 15
164	164