EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0763*
SENATE BILL 763
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By: Senator Sydnor
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Collection and Publication of Criminal Case and Prosecutorial Information 2
FOR the purpose of establishing requirements for the collection and dissemination of 3
certain information relating to the Office of the State’s Attorney in each county and 4
Baltimore City, coordinated in a certain manner by the Administrative Office of the 5
Courts and the State Commission on Criminal Sentencing Policy; and generally 6
relating to the Office of the State’s Attorney and the collection and publication of 7
information. 8
BY adding to 9
Article – Criminal Procedure 10
Section 15–501 through 15–506 to be under the new subtitle “Subtitle 5. State’s 11
Attorney’s Data Collection” 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
SUBTITLE 5. STATE’S ATTORNEY’S DATA COLLECTION. 18
15–501. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “CASE NUMBER ” MEANS THE UNIQUE NUM BER ASSIGNED TO A 22
CRIMINAL CASE ASSOCI ATED WITH A PARTICUL AR CRIMINAL CHARGE . 23 2 SENATE BILL 763
(C) “CHARGE” MEANS AN ACCUSATION OF A CRIME BY A STATE’S ATTORNEY 1
INITIATED BY A TICKET , A COMPLAINT, OR ANY OTHER CHARGIN G DOCUMENT . 2
(D) “CHARGE DESCRIPTION ” MEANS: 3
(1) THE NAME OF THE CHAR GE AS PROVIDED BY LA W; 4
(2) A STATEMENT OF THE CRIMINAL PROVISION THAT IS ALLEGED TO 5
HAVE BEEN VIOLATED ; 6
(3) THE ASSOCIATED STATU TORY SECTION ESTABLI SHING THE 7
ALLEGED CONDUCT AS C RIMINAL; AND 8
(4) THE CLASSIFICATION O F THE CRIME. 9
(E) “CHARGE IDENTIFICATION ” MEANS THE UNIQUE IDE NTIFICATION 10
NUMBER ASSIGNED TO T HE CHARGE. 11
(F) “CHARGE MODIFIER ” MEANS AN AGGR AVATING OR MITIGATIN G 12
CIRCUMSTANCE OF AN A LLEGED CHARGE THAT E NHANCES, REDUCES, OR 13
RECLASSIFIES THE ALL EGED CHARGE TO A DIF FERENT CLASSIFICATIO N GRADE OR 14
LEVEL. 15
(G) “COMMISSION” MEANS THE STATE COMMISSION ON CRIMINAL 16
SENTENCING POLICY. 17
(H) “DISPOSITION” MEANS THE CONCLUSION OF THE PROSECUTION O F A 18
CHARGE, INCLUDING: 19
(1) NOLLE PROSEQUI ; 20
(2) DIVERSION; 21
(3) DISMISSAL; 22
(4) DISMISSAL AS PART OF A PLEA BARGAIN ; 23
(5) CONVICTION AS PART O F A PLEA BARGAIN ; 24
(6) CONVICTION AT TRIAL ; AND 25
(7) ACQUITTAL. 26 SENATE BILL 763 3
(I) “INITIATION” MEANS THE CREATION O R INSTITUTION OF A C HARGE 1
AGAINST A CRIMINAL D EFENDANT, WHETHER BY POLICE , PROSECUTORS , GRAND 2
JURY, OR OTHER ENTITY . 3
(J) (1) “POLICY” MEANS FORMAL , WRITTEN GUIDANCE FOR EMPLOYE ES 4
OF A STATE’S ATTORNEY. 5
(2) “POLICY” INCLUDES: 6
(I) A PROCEDURE ; 7
(II) A GUIDELINE; 8
(III) A MANUAL; 9
(IV) TRAINING MATERIAL ; 10
(V) A DIRECTION; 11
(VI) AN INSTRUCTION ; OR 12
(VII) ANY OTHER PIECE OF I NFORMATION . 13
(3) “POLICY” DOES NOT INCLUDE : 14
(I) ATTORNEY WORK PRODUCT ; OR 15
(II) INFORMATIONAL LEGAL OR PROCEDURAL ADVICE OR 16
GUIDANCE OFFERED AMONG ATTORN EYS WITHIN AN OFFICE OF A STATE’S 17
ATTORNEY. 18
(K) “STATE’S ATTORNEY” MEANS THE OFFICE OF THE STATE’S ATTORNEY 19
IN EACH COUNTY IN TH E STATE AND BALTIMORE CITY. 20
(L) “UNIQUE IDENTIFIER ” MEANS A RANDOMLY GEN ERATED NUMBER THAT 21
IS ASSIGNED IN PLACE OF A DEFENDANT ’S NAME. 22
15–502. 23
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, AND IN 24
ACCORDANCE WITH § 15–505 OF THIS SUBTITLE AND OTHER LOCAL AND STATE LAW, 25
THE ADMINISTRATIVE OFFICE OF THE COURTS, WITH THE COOPERATION OF EACH 26 4 SENATE BILL 763
STATE’S ATTORNEY, SHALL COLLECT AND DI SCLOSE THE FOLLOWING 1
INFORMATION FOR EACH CASE PROSECUTED : 2
(1) THE CASE NUMBER ; 3
(2) THE INDICTMENT NUMBE R; 4
(3) THE DOCKET NUMBER ; 5
(4) THE UNIQUE IDENTIFIE R; 6
(5) THE DEFENDANT ’S: 7
(I) RACE; 8
(II) GENDER; AND 9
(III) DISABILITY STATUS , IF ANY, AND THE SOURCE OF THE 10
DISABILITY STATUS ; 11
(6) THE INCIDENT DATE ; 12
(7) THE ARREST DATE ; 13
(8) THE DISTRICT OR NEIG HBORHOOD OF ARREST ; 14
(9) THE PRIMARY ARRESTIN G AGENCY; 15
(10) OTHER AGENCIES INVOL VED IN THE ARREST , IF ANY; 16
(11) THE CHARGES LISTED O N THE ARRESTING AGENCY ’S 17
PAPERWORK ; 18
(12) IF APPLICABLE, THE REASON THE STATE’S ATTORNEY DECLINED 19
TO PROSECUTE THE ARR EST; 20
(13) THE CHARGES BROUGHT BY THE STATE’S ATTORNEY; 21
(14) THE PROSECUTOR WHO B ROUGHT THE CHARGE ; 22
(15) WHETHER THE DEFENDAN T WAS DET ERMINED ELIGIBLE FOR 23
COURT–APPOINTED COUNSEL , AND THE PROCEEDING W HERE THE DETERMINATI ON 24
WAS MADE; 25 SENATE BILL 763 5
(16) THE ARRAIGNMENT DATE ; 1
(17) THE CHARGE MODIFICAT ION DATE; 2
(18) WHETHER DIVERSION WA S OFFERED AND , IF SO: 3
(I) THE DATE DIVERSION W AS OFFERED; 4
(II) IF STATED ON THE REC ORD, THE JUDICIAL POSITIO N ON 5
DIVERSION; AND 6
(III) THE DIVERSION TERMS , INCLUDING HOW MUCH T HE 7
DEFENDANT MUST PAY ; 8
(19) WHETHER THE CHARGE C ARRIES A MANDATORY M INIMUM 9
SENTENCE; 10
(20) THE PROSECUTOR ’S RECOMMENDATION ON BAIL OR BOND , 11
INCLUDING RELEASE CO NDITIONS; 12
(21) WHETHER BAIL OR BOND WAS IMPOSED ON THE D EFENDANT; 13
(22) WHETHER BOND WAS SEC URED, UNSECURED , OR OTHER TYPE ; 14
(23) THE DATE BAIL OR BON D WAS IMPOSED ; 15
(24) IF ORDERED, RELEASE CONDITIONS ; 16
(25) THE DATE RANGE OF AN Y PRETRIAL DETENTION ; 17
(26) INFORMATION ON WHETH ER A RISK ASSESSMENT OR OTHER 18
ALGORITHM –BASED OR QUANTITATIV E TOOL WAS USED IN D ETERMINING WHETHER 19
PRETRIAL DETENTION W AS ORDERED OR THE AM OUNT OF BAIL OR BOND AND, IF 20
USED: 21
(I) THE NAME OF THE OFFIC E OR AGENCY THAT CON DUCTED 22
THE RISK ASSESSMENT ; AND 23
(II) THE NAME OF ANY OFFI CE, AGENCY, INDIVIDUAL, OR 24
ATTORNEY THAT RECEIV ED THE RISK ASSESSME NT RESULTS; 25
(27) INFORMATION ON WHETH ER A STATUTORY OR CO NSTITUTIONAL 26 6 SENATE BILL 763
RIGHT OF THE DE FENDANT WAS WAIVED , EITHER BY STIPULATIO N OR ON THE 1
RECORD, INCLUDING: 2
(I) THE DATE OF THE WAIV ER; 3
(II) THE RIGHT WAIVED ; AND 4
(III) WHETHER THE RIGHT WA S WAIVED AS A CONDIT ION OF A 5
PLEA BARGAIN ; 6
(28) WHETHER A PLEA WAS O FFERED; 7
(29) WHETHER A TIME LIMIT WAS PROVIDED WITH A PLEA OFFER; 8
(30) ALL TERMS OF ALL PLE AS OFFERED, INCLUDING: 9
(I) THE CHARGES DISMISSE D; 10
(II) THE SENTENCE RANGES FOR THE CHARGES DISM ISSED; 11
(III) THE CHARGES IN THE P LEA; 12
(IV) THE SENTENCE RANGES FOR THE CHARGES IN TH E PLEA; 13
(V) ANY CHARGES COVERED BY THE PLEA BUT NOT PART OF 14
THE CONVICTION ; AND 15
(VI) THE PENALTIES OR SEN TENCE OFFERED FOR TA KING THE 16
PLEA; 17
(31) WHETHER THE PLEA WAS ACCEPTED OR REJECTED ; 18
(32) WHETHER DISCOVERY WA S OFFERED TO THE DEFENDANT BEF ORE 19
THE PLEA; 20
(33) THE DATE DISCOVERY W AS DISCLOSED TO THE DEFENSE OR 21
DEFENDANT ; 22
(34) THE PRESIDING JUDGE AT THE PRETRIAL STAG E; 23
(35) THE DISPOSITION , INCLUDING: 24
(I) THE CASE OR CHARGES DISMISSED BY THE STATE’S 25 SENATE BILL 763 7
ATTORNEY, IF ANY; 1
(II) IF DISMISSED, THE REASON FOR DISMI SSAL; 2
(III) IF CONVICTED, WHETHER BY PLEA , JURY TRIAL, OR BENCH 3
TRIAL; AND 4
(IV) IF THE CASE WAS DISM ISSED BY A JUDGE, THE REASON FOR 5
DISMISSAL; 6
(36) THE PRESIDING JUDGE AT THE DISPOSITION ; 7
(37) THE DISPOSITION DATE ; 8
(38) THE SENTENCE TYPE ; 9
(39) THE SENTENCE LENGTH ; 10
(40) THE PRESIDING JUDGE AT SENTENCING ; 11
(41) SUPERVISION TERMS ; 12
(42) SERVICES REQUIRED OR PROVIDED, IF ANY; 13
(43) FINES, FEES, OR SURCHARGES REQUIR ED, IF ANY; AND 14
(44) FORFEITURE OF PROPER TY REQUIRED, IF ANY. 15
(B) INFORMATION DISCLOSED UNDER SUBSECTION (A) OF THIS SECTION 16
MAY NOT INCLUDE ANY IDENTIFIABLE INFORMA TION RELATING TO A W ITNESS. 17
(C) EACH STATE’S ATTORNEY SHALL COOPERATE WIT H THE 18
ADMINISTRATIVE OFFICE OF THE COURTS TO PROVIDE ANY DATA NECESSARY TO 19
MEET THE REQUIREMENT S OF SUBSECTION (A) OF THIS SECTION. 20
(D) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL RECORD AND 21
MAINTAIN THE INFORMA TION COLLECTED IN AC CORDANCE WITH THIS S ECTION FOR 22
AT LEAST 10 YEARS. 23
15–503. 24
(A) EACH STATE’S ATTORNEY SHALL COLLEC T AND PUBLISH ON THE 25
WEBSITE FOR EACH OFF ICE IN ACCORDANCE WI TH § 15–504 OF THIS SUBTITLE: 26 8 SENATE BILL 763
(1) ALL OFFICE POLICIES RELATED TO: 1
(I) CHARGING AND CHARGE DISMISSAL; 2
(II) BAIL; 3
(III) SENTENCING; 4
(IV) PLEA BARGAINS ; 5
(V) GRAND JURY PRACTICES ; 6
(VI) DISCOVERY PRACTICES ; 7
(VII) WITNESS TREATMENT , INCLUDING WHEN AND H OW TO 8
PROCURE A MATERIAL WITNESS W ARRANT; 9
(VIII) HOW A DECISION IS MA DE TO PROSECUTE A MI NOR AS AN 10
ADULT; 11
(IX) HOW FINES AND FEES A RE ASSESSED; 12
(X) CRIMINAL AND CIVIL F ORFEITURE PRACTICES ; 13
(XI) MENTAL HEALTH SCREEN ING AND COLLECTION O F MENTAL 14
HEALTH HISTORY; 15
(XII) SUBSTANCE ABUSE SCRE ENING AND COLLECTION OF 16
SUBSTANCE ABUSE HIST ORY; 17
(XIII) DOMESTIC VIOLENCE SU RVIVORS; 18
(XIV) DIVERSION PRACTICES AND POLICIES; 19
(XV) HUMAN RESOURCES , INCLUDING: 20
1. HIRING; 21
2. EVALUATING; 22
3. PROMOTING ; AND 23
SENATE BILL 763 9
4. ROTATION AMONG DIVIS IONS OR UNITS; 1
(XVI) INTERNAL DISCIPLINE POLICIES AND PROCEDU RES; 2
(XVII) VICTIM SERVICES ; 3
(XVIII) RESTORATIVE JUSTICE PROGRAMS; 4
(XIX) A LISTING OF OFFICE TRAININGS IN THE IMM EDIATELY 5
PRECEDING CALENDAR Y EAR; 6
(XX) PRACTICES INVOLVING TRACKING AND RESPOND ING TO AN 7
INMATE APPLICATION F OR PAROLE AND RESENT ENCING; AND 8
(XXI) POLICIES SPECIFIC TO VULNERABLE POPULATIO NS; AND 9
(2) THE NUMBER OF : 10
(I) ATTORNEYS ON STAFF ; 11
(II) CASES HANDLED EACH YE AR FOR EACH ATTORNEY ; 12
(III) ATTORNEYS WHO WORKED IN THE OFFICE IN A T EMPORARY 13
OR CONTRACTUAL CAPAC ITY DURING THE IMMED IATELY PRECEDING CALENDAR 14
YEAR; 15
(IV) PARALEGALS AND ADMIN ISTRATIVE STAFF EMPL OYED BY 16
THE OFFICE; 17
(V) INVESTIGATORS UTILIZED DURING THE IMMEDIATE LY 18
PRECEDING CALENDAR Y EAR; 19
(VI) EXPERTS UTILIZED DUR ING THE IMMEDIATE LY PRECEDING 20
CALENDAR YEAR WHETHE R ON STAFF OR OTHERW ISE EMPLOYED ; AND 21
(VII) POLICE OR DETECTIVES WHO WORK DIRECTLY FO R THE 22
OFFICE. 23
(B) IF A STATE’S ATTORNEY DOES NOT MAI NTAIN A POLICY RELAT ED TO 24
THE TOPICS DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION , THE STATE’S 25
ATTORNEY SHALL AFFIRM ATIVELY DISCLOSE THA T FACT. 26
15–504. 27 10 SENATE BILL 763
(A) BEGINNING APRIL 1, 2023, EACH STATE’S ATTORNEY SHALL MAK E 1
PUBLICLY AVAILABLE A LL THE INFORMATION D ESCRIBED IN § 15–503 OF THIS 2
SUBTITLE BY: 3
(1) PUBLISHING THE INFOR MATION ON THE STATE’S ATTORNEY’S 4
WEBSITE; AND 5
(2) PROVIDING THE INFORM ATION TO ANY PERSON WHO REQUESTS 6
THE INFORMATION DIRE CTLY FROM THE STATE’S ATTORNEY. 7
(B) THE STATE’S ATTORNEY SHALL INCLUD E IN THE INFORMATION 8
COLLECTED UNDER § 15–503 OF THIS SUBTITLE: 9
(1) THE EFFECTIVE DATE O F THE POLICY; OR 10
(2) THE DATE THE INFORMA TION WAS GATHERED . 11
(C) EACH STATE’S ATTORNEY SHALL PUBLIS H REVISED, UPDATED, OR 12
NEWLY DRAFTED POLICI ES OR NEWLY COLLECTE D INFORMATION ON A T IMELY 13
BASIS AT LEAST ONCE EACH YEAR. 14
15–505. 15
(A) (1) THE COMMISSION, IN COORDINATION WITH THE 16
ADMINISTRATIVE OFFICE OF THE COURTS, SHALL: 17
(I) DETERMINE THE MANNER IN WHICH THE ADMINISTRATIVE 18
OFFICE OF THE COURTS PROVIDES TO THE COMMISSION THE INFORMATION 19
COLLECTED UNDER § 15–502 OF THIS SUBTITLE; 20
(II) ENSURE THAT DISCLOSURE OF INFORM ATION UNDER THIS 21
SUBTITLE IS PERFORME D IN A UNIFORM AND CONSISTENT MANNER; AND 22
(III) DETERMINE AN IMPLEME NTATION SCHEDULE AND PLAN BY 23
WHICH THE ADMINISTRATIVE OFFICE OF THE COURTS WILL DISCLOSE 24
INFORMATION COLLECTE D UNDER § 15–502 OF THIS SUBTITLE ON OR BEFORE 25
OCTOBER 1, 2025. 26
(2) THE IMPLEMENTATION SCHED ULE AND PLAN DESCRIB ED UNDER 27
PARAGRAPH (1) OF THIS SUBSECTION MAY: 28
(I) INCLUDE IMPLEMENTATION ON A ROLLING BASIS THAT 29 SENATE BILL 763 11
STARTS BY PRIORITIZI NG A SUBSET OF THE D ATA COLLECTED UNDER § 15–502 OF 1
THIS SUBTITLE; OR 2
(II) PRIORITIZE DISCLOSUR E OF SPECIFIC INFORMAT ION FROM 3
LARGER STATE’S ATTORNEY OFFICES . 4
(B) (1) ON OR BEFORE OCTOBER 1, 2023, AND IN ACCORDANCE WI TH THE 5
IMPLEMENTATION SCHED ULE AND PLAN DESCRIB ED IN SUBSECTION (A) OF THIS 6
SECTION, THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL BEGIN DISCLOSI NG 7
DATA, STRIPPED OF ANY INDI VIDUALIZED OR IDENTI FYING PERSONAL 8
INFORMATION ABOUT AN Y PERSON ARRESTED OR PROSECUTED , TO THE 9
COMMISSION FOR THE IMMEDIATELY PRECEDING CALENDAR Y EAR. 10
(2) ON OR BEFORE JANUARY 31, 2024, THE ADMINISTRATIVE OFFICE 11
OF THE COURTS SHALL COMPLETE THE R EQUIRED DISCLOSURE O F DATA UNDER 12
THIS SUBSECTION . 13
(C) (1) ON OR BEFORE MAY 1, 2024, AND EACH MAY 1 THEREAFTER , THE 14
COMMISSION SHALL PUBLISH ONLINE THE DATA COLLECTED U NDER § 15–502 OF 15
THIS SUBTITLE IN A M ODERN, OPEN, ELECTRONIC FORMAT TH AT IS 16
MACHINE–READABLE, MACHINE–SEARCHABLE , AND READILY ACCESSIB LE TO THE 17
PUBLIC ON THE COMMISSION’S WEBSITE. 18
(2) DATA PUBLISHED IN ACC ORDANCE WITH THIS SU BSECTION MAY 19
NOT CONTAIN INDIVIDU ALIZED OR IDENTIFYIN G PERSONAL INFORMATI ON ABOUT 20
ANY PERSON ARRESTED OR PROSECUTED . 21
(D) ON OR BEFORE SEPTEMBER 1, 2024, THE COMMISSION SHALL REPORT 22
ON THE DATA RECEIVED FROM THE ADMINISTRATIVE OFFICE OF THE COURTS, 23
COMPARING AND CONTRASTING THE PRACTICES AND TRENDS AMONG 24
JURISDICTIONS. 25
(E) (1) THE COMMISSION SHALL, AT LEAST TWICE PER Y EAR, PUBLISH 26
ISSUE–SPECIFIC REPORTS THA T PROVIDE IN–DEPTH ANALYSIS OF ON E OR MORE 27
AREAS OF PROSECUTORI AL DECISION MAKING. 28
(2) AT LEAST ONE REPORT UNDER THIS SUBSECTION SHALL FOC US 29
ON RACIAL DISPARITIE S. 30
15–506. 31
(A) (1) IN ORDER TO COMPLY WI TH A REQUEST MADE UN DER THE 32
MARYLAND PUBLIC INFORMATION ACT, A STATE’S ATTORNEY MAY SATISFY A 33 12 SENATE BILL 763
REQUEST FOR INFORMAT ION GATHERED AS REQUIRED UNDER THIS SUBTITLE BY 1
REFERRING THE REQUES TING PARTY TO THE COMMISSION WEBSITE CONTAINING 2
THE DATA IF THE STATE’S ATTORNEY: 3
(I) IS IN COMPLIANCE WIT H THIS SUBTITLE; AND 4
(II) IN GOOD FAITH , REASONABLY BELIEVES THAT THE 5
REQUEST FOR INFORMAT ION CAN BE SATISFIED BY REFERENCE T O THE DATA MADE 6
PUBLICLY AVAILABLE U NDER THIS SUBTITLE . 7
(2) IF AN INFORMATION REQ UEST IS ABLE TO BE S ATISFIED IN 8
ACCORDANCE WITH THIS SUBSECTION, THE STATE’S ATTORNEY MAY FULFILL THE 9
REQUEST WITHOUT AFFI RMATIVELY COLLECTING OR DISCLOSING THE PA RTICULAR 10
INFORMATION BEING RE QUESTED. 11
(B) THE REQUESTING PARTY MAY SEEK JUDICIAL REVIEW I N ACCORDANCE 12
WITH § 4–362 OF THE GENERAL PROVISIONS ARTICLE FOR PURPOSES OF 13
COMPELLING DISCLOSUR E IF: 14
(1) THE REQUESTING PARTY DOES NOT BELIEVE THA T THE REQUEST 15
CAN BE SATISFIED UND ER THIS SECTION; AND 16
(2) THE STATE’S ATTORNEY REF USES TO DISCLOSE THE 17
INFORMATION BEING RE QUESTED. 18
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 19
the application thereof to any person or circumstance is held invalid for any reason in a 20
court of competent jurisdiction, the invalidity does not affect other provisions or any other 21
application of this Act that can be given effect without the invalid provision or application, 22
and for this purpose the provisions of this Act are declared severable. 23
SECTION 3. AND BE IT FURTHER EN ACTED, That this Act shall take effect 24
October 1, 2022. 25