EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0587*
SENATE BILL 587
E4 2lr1826
By: Senators McCray, Washington, Hayes, Ferguson, Sydnor, and Watson
Introduced and read first time: February 2, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Division of Parole and Probation – Duties – Offenders Under Supervision 2
(Parole and Probation Performance Act) 3
FOR the purpose of altering the duties of the Division of Parole and Probation to include 4
the examination and review of murders involving offenders under the supervision of 5
the Division for a certain purpose; and generally relating to the duties of the Division 6
of Parole and Probation. 7
BY repealing and reenacting, with amendments, 8
Article – Correctional Services 9
Section 6–104(a) 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2021 Supplement) 12
BY adding to 13
Article – Correctional Services 14
Section 6–122 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2021 Supplement) 17
Preamble 18
WHEREAS, The State of Maryland has been facing an ongoing crisis in which the 19
Department of Public Safety and Correctional Services’ Division of Parole and Probation 20
plays a pivotal role; and 21
WHEREAS, There is an alarming correlation between homicides in Maryland and 22
supervised offenders as a vast number of murder and nonfatal shooting victims are 23
individuals under the purview of the Division of Parole and Probation; and 24
2 SENATE BILL 587
WHEREAS, In Maryland, from 2019 to 2021, the State has encountered a consistent 1
average of 118.7 murders of persons who are under the supervision of the Division of Parole 2
and Probation. In the same time period there has been an average of 255.3 nonfatal 3
shootings of supervisees; and 4
WHEREAS, There has been an increase in violent crime across the State of 5
Maryland of supervised individuals involved in a homicide or nonfatal shooting; and 6
WHEREAS, Year to year, the State faces the same number of supervised, 7
noncompliant offenders who kill or are killed. In 2021, over half (56.1%) of homicide 8
suspects were found to be noncompliant with their parole or probation. Many of those 9
offenders (35%) were found to have already–pending supervision violations; and 10
WHEREAS, To combat this issue and its resulting ramifications, it is imperative 11
that measurable objectives be set and a specific course of action be taken to meet and 12
achieve those goals; and 13
WHEREAS, In order to reduce the number of supervised individuals involved in 14
homicides and increase compliance of offenders, the State must satisfy its requisites for 15
proper supervision; and 16
WHEREAS, The lack of supervision is directly related to the lack of supervisors who 17
oversee, manage, contact, frequently follow up, and provide supports to offenders. As of 18
November 2021, the Community Supervision Division has 129 agent and monitor vacancies 19
that need to be filled urgently; and 20
WHEREAS, To prevent the reprise of homicides and nonfatal shootings involving 21
Division of Parole and Probation supervisees, it is crucial that the State devise a vigorous 22
approach to address its lack thereof; now, therefore, 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Correctional Services 26
6–104. 27
(a) Subject to the authority of the Secretary and in addition to any other duties 28
established by law, the Division: 29
(1) shall: 30
(i) administer a validated screening tool on each individual on 31
parole or mandatory supervision under the supervision of the Division; 32
SENATE BILL 587 3
(ii) administer a risk and needs assessment and develop an 1
individualized case plan for each individual on parole or mandatory supervision who has 2
been screened as moderate or high risk to reoffend; 3
(iii) supervise an individual on parole or mandatory supervision 4
based on the results of a validated screening tool or risk and needs assessment conducted 5
under items (i) or (ii) of this item; 6
(iv) supervise an individual under mandatory supervision until the 7
expiration of the individual’s maximum term or terms of confinement; 8
(v) regularly inform the Commission of the activities of offenders 9
who are supervised by the Division, including, if requested by the Commission, any 10
graduated sanctions imposed under § 6–121 of this subtitle; 11
(vi) issue a warrant for the retaking of an offender charged with a 12
violation of a condition of parole or mandatory supervision, if this authority is delegated by 13
the Commission to the Director of the Division; [and] 14
(vii) administer the Drinking Driver Mon itor Program, collect 15
supervision fees, and adopt guidelines for collecting the monthly program fee assessed in 16
accordance with § 6–115 of this subtitle; and 17
(VIII) EXAMINE AND REVIEW M URDERS INVOLVING OFF ENDERS 18
WHO ARE SUPERVISED B Y THE DIVISION FOR T HE PURPOSE OF ADVISI NG THE 19
SECRETARY ON POLICIES AND PROGRAMS TO PREV ENT SUCH MURDERS , 20
INCLUDING: 21
1. MURDER COMMITTED BY AN OFFENDER UNDER TH E 22
SUPERVISION OF THE DIVISION, IF THE OFFENDER IS C ONVICTED; AND 23
2. THE MURDER OF AN OFF ENDER UNDER THE 24
SUPERVISION OF THE DIVISION; AND 25
(2) may recommend: 26
(i) that the Commission modify any condition of parole or 27
mandatory supervision; and 28
(ii) that the Commission issue a warrant for the retaking of an 29
offender. 30
6–122. 31
ON OR BEFORE DECEMBER 31, 2022, AND EACH DECEMBER 31 THEREAFTER , 32
THE DIVISION SHALL REPORT, IN ACCORDANCE WITH § 2–1257 OF THE STATE 33 4 SENATE BILL 587
GOVERNMENT ARTICLE, TO THE SENATE JUDICIAL PROCEEDINGS COMMITTEE 1
AND THE HOUSE JUDICIARY COMMITTEE ON: 2
(1) THE ACTIVITIES OF TH E DIVISION INTENDED TO REDUCE THE 3
NUMBER OF MURDERS IN VOLVING OFFENDERS WH O ARE SUPERVISED BY THE 4
DIVISION; 5
(2) ACTIONS TAKEN BY THE DIVISION UNDER § 6–104(A)(1)(VIII) OF 6
THIS SUBTITLE, INCLUDING RECOMMENDA TIONS ON POLICY AND PROGRAMS MADE 7
TO THE SECRETARY; AND 8
(3) THE NUMBER OF OFFENDERS SUPERVISED BY THE DIVISION THAT 9
WERE SHOOTING VICTIM S, HOMICIDE VICTIM S, OR CHARGED WITH OR I DENTIFIED 10
AS SUSPECTS IN A HOMICIDE , NONFATAL SHOOTING , ROBBERY, RAPE, 11
POLICE–INVOLVED SHOOTING , OR ANY CRIME INVOLVI NG THE OFFENDER’S USE OF 12
A FIREARM. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15