EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*sb0763*
SENATE BILL 763
E2 2lr3172
CF HB 1429
By: Senator Sydnor
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 3, 2022
CHAPTER ______
AN ACT concerning 1
Collection Public Safety and Criminal Procedure – Collection, Reporting, and 2
Publication of Criminal Case and Prosecutorial Information 3
(Maryland Criminal Justice Data Transparency Act) 4
FOR the purpose of requiring the Division of Parole and Probation to report certain 5
information annually to the General Assembly; establishing requirements for the 6
collection and dissemination of certain information relating to the Office of the 7
State’s Attorney in each county and Baltimore City, coordinated in a certain manner 8
by the Administrative Office of the Courts and the State Commission on Criminal 9
Sentencing Policy; altering the definition of student data to allow certain records to 10
be shared with the Maryland Longitudinal Data System Center; establishing the 11
Task Force to Study Criminal Justice Data Transparency; and generally relating to 12
the Office of the State’s Attorney and the collection and publication of information 13
transparency of criminal justice data. 14
BY adding to 15
Article – Correctional Services 16
Section 6–122 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Criminal Procedure 21
Section 15–501 through 15–506 15–504 to be under the new subtitle “Subtitle 5. 22
State’s Attorney’s Criminal Case and Prosecutorial Data Collection” 23 2 SENATE BILL 763
Annotated Code of Maryland 1
(2018 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Education 4
Section 24–701(a) and 24–703(a) and (f)(1) 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2021 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 24–701(l) 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Correctional Services 15
6–122. 16
ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 THEREAFTER , 17
THE DIVISION SHALL REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE 18
GOVERNMENT ARTICLE, TO THE SENATE JUDICIAL PROCEEDINGS COMMITTEE 19
AND THE HOUSE JUDICIARY COMMITTEE ON: 20
(1) MEASURES IT WILL TAK E TO IMPROVE OVERSIG HT OF OFFENDERS 21
UNDER THE SUPERVISIO N OF THE DIVISION WHO ARE INVO LVED IN HOMICIDES ; AND 22
(2) THE NUMBER OF OFFEND ERS SUPERVISED BY TH E DIVISION THAT 23
WERE SHOOTING VICTIM S, HOMICIDE VICTIMS , OR CHARGED WITH HOMICIDE , 24
NONFATAL SHOOTING , RAPE, POLICE–INVOLVED SHOOTING , OR ANY CRIME 25
INVOLVING THE OFFEND ER’S USE OF A FIREARM . 26
Article – Criminal Procedure 27
SUBTITLE 5. STATE’S ATTORNEY’S CRIMINAL CASE AND PROSECUTORIAL DATA 28
COLLECTION. 29
15–501. 30
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32
SENATE BILL 763 3
(B) “CASE NUMBER ” MEANS THE UNIQUE NUM BER ASSIGNED TO A 1
CRIMINAL CASE ASSOCI ATED WITH A PARTICUL AR CRIMINAL CHARGE . 2
(C) “CHARGE” MEANS AN ACCUSATION OF A CRIME BY A STATE’S ATTORNEY 3
INITIATED BY A TICKET , A COMPLAINT , OR ANY OTHER CHARGIN G DOCUMENT A 4
GUIDELINES–ELIGIBLE CONVICTION CAPTURED BY THE AUTOMATED GUIDELINES 5
SYSTEM. 6
(D) “CHARGE DESCRIPTION ” MEANS: 7
(1) THE NAME OF THE CHAR GE AS PROVIDED BY LA W; 8
(2) A STATEMENT OF THE CRIMINAL PROVISION T HAT IS ALLEGED TO 9
HAVE BEEN VIOLATED ; 10
(3) THE ASSOCIATED STATU TORY SECTION ESTABLI SHING THE 11
ALLEGED CONDUCT AS C RIMINAL; AND 12
(4) THE CLASSIFICATION O F THE CRIME. 13
(E) “CHARGE IDENTIFICATION ” MEANS THE UNIQUE IDE NTIFICATION 14
NUMBER ASSIGNED TO THE CHARGE. 15
(F) (D) “CHARGE MODIFIER MODIFICATION ” MEANS AN AGGRAVATING 16
OR MITIGATING CIRCUMSTANCE OF AN A LLEGED CHARGE THAT E NHANCES, 17
REDUCES, OR RECLASSIFIES THE ALL EGED CHARGE TO A DIF FERENT 18
CLASSIFICATION GRADE OR LEVEL THE ENHANCEMENT , REDUCTION, OR 19
RECLASSIFICATION OF A CHARGE TO A DIFFER ENT CLASSIFICATION G RADE OR 20
LEVEL DUE TO AGGRAVA TING OR MITIGATING C IRCUMSTANCES . 21
(G) (E) (C) “COMMISSION” MEANS THE STATE COMMISSION ON CRIMINAL 22
SENTENCING POLICY. 23
(H) “DISPOSITION” MEANS THE CONCLUSION OF THE PROSECUTION O F A 24
CHARGE, INCLUDING: 25
(1) NOLLE PROSEQUI ; 26
(2) DIVERSION; 27
(3) DISMISSAL; 28
(4) DISMISSAL AS PART OF A PLEA BARGAIN ; 29
4 SENATE BILL 763
(5) CONVICTION AS PART O F A PLEA BARGAIN ; 1
(6) CONVICTION AT TRIAL ; AND 2
(7) ACQUITTAL. 3
(I) “INITIATION” MEANS THE CREATION O R INSTITUTION OF A C HARGE 4
AGAINST A CRIMINAL D EFENDANT, WHETHER BY POLICE , PROSECUTORS , GRAND 5
JURY, OR OTHER ENTITY . 6
(J) (1) “POLICY” MEANS FORMAL , WRITTEN GUIDANCE FOR EMPLOYEES 7
OF A STATE’S ATTORNEY. 8
(2) “POLICY” INCLUDES: 9
(I) A PROCEDURE ; 10
(II) A GUIDELINE; 11
(III) A MANUAL; 12
(IV) TRAINING MATERIAL ; 13
(V) A DIRECTION; 14
(VI) AN INSTRUCTION ; OR 15
(VII) ANY OTHER PIECE OF I NFORMATION . 16
(3) “POLICY” DOES NOT INCLUDE : 17
(I) ATTORNEY WORK PRODUCT ; OR 18
(II) INFORMATIONAL LEGAL OR PROCEDURAL ADVICE OR 19
GUIDANCE OFFERED AMO NG ATTORNEYS WITHIN AN OFFICE OF A STATE’S 20
ATTORNEY. 21
(K) (F) (D) “STATE’S ATTORNEY” MEANS THE OFFICE OF THE STATE’S 22
ATTORNEY IN EACH COUN TY IN THE STATE AND BALTIMORE CITY. 23
(L) “UNIQUE IDENTIFIER ” MEANS A RANDOMLY GEN ERATED NUMBER THAT 24
IS ASSIGNED IN PLACE OF A DEFENDANT ’S NAME. 25
15–502. 26
SENATE BILL 763 5
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, AND IN 1
ACCORDANCE WITH § 15–505 15–503 OF THIS SUBTITLE AND OTHER LOCAL AND 2
STATE LAW, THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION, WITH 3
THE COOPERATION OF E ACH STATE’S ATTORNEY, SHALL COLLECT AND DI SCLOSE 4
THE FOLLOWING INFORM ATION FOR EACH CASE PROSECUTED IN THE CIRCUIT 5
COURT: 6
(1) THE CASE NUMBER ; 7
(2) THE INDICTMENT NUMBE R; 8
(3) THE DOCKET NUMBER ; 9
(4) THE UNIQUE IDENTIFIE R; 10
(5) (2) THE DEFENDANT ’S: 11
(I) RACE; AND 12
(II) GENDER; AND 13
(III) DISABILITY STATUS , IF ANY, AND THE SOURCE OF TH E 14
DISABILITY STATUS ; 15
(6) THE INCIDENT DATE ; 16
(7) (3) THE ARREST DATE DATE OF THE OFFENSE ; 17
(8) THE DISTRICT OR NEIG HBORHOOD OF ARREST ; 18
(9) THE PRIMARY ARRESTIN G AGENCY; 19
(10) OTHER AGENCIES INVOL VED IN THE ARREST , IF ANY; 20
(11) THE CHARGES LISTED O N THE ARRESTING AGEN CY’S 21
PAPERWORK ; 22
(12) IF APPLICABLE, THE REASON THE STATE’S ATTORNEY DECLINED 23
TO PROSECUTE THE ARR EST; 24
(13) (4) THE CHARGES BROUGHT BY THE STATE’S ATTORNEY; 25
ATTORNEY THAT RESULT ED IN CONVICTIONS ; 26
(14) THE PROSECUTOR WHO B ROUGHT THE CHARGE ; 27
6 SENATE BILL 763
(15) (5) WHETHER THE DEFENDAN T WAS DETERMINED ELIGIBLE 1
FOR COURT–APPOINTED COUNSEL , AND THE PROCEEDING W HERE THE 2
DETERMINATION WAS MADE REPRESENTED BY PRIVA TE COUNSEL , A PUBLIC 3
DEFENDER, OR COURT–APPOINTED COUNSEL OR PROCEEDED PRO SE ; 4
(16) THE ARRAIGNMENT DATE; 5
(17) THE CHARGE MODIFICAT ION DATE; 6
(18) (6) WHETHER DIVERSION WAS, PROBLEM–SOLVING COURT , OR 7
AN ALTERNATIVE SENTE NCING PROGRAM WERE OFFERED AND, IF SO: 8
(I) THE DATE DIVERSION W AS OFFERED; 9
(II) IF STATED ON THE REC ORD, THE JUDICIAL POSI TION ON 10
DIVERSION; AND 11
(III) THE DIVERSION TERMS , INCLUDING HOW MUCH T HE 12
DEFENDANT MUST PAY ; 13
(19) (7) WHETHER THE ANY CHARGE THAT RESULTED IN A 14
CONVICTION CARRIES A MANDATORY MINIMUM SENTENCE ; 15
(20) THE PROSECUTOR ’S RECOMMENDATION ON BAIL OR BOND , 16
INCLUDING RELEASE CO NDITIONS; 17
(21) WHETHER BAIL OR BOND WAS IMPOSED ON THE D EFENDANT; 18
(22) WHETHER BOND WAS SEC URED, UNSECURED , OR OTHER TYPE ; 19
(23) THE DATE BAIL OR BON D WAS IMPOSED ; 20
(24) IF ORDERED, RELEASE CONDITIONS ; 21
(25) THE DATE RANGE OF ANY PRETRIAL DETE NTION; 22
(26) INFORMATION ON WHETH ER A RISK ASSESSMENT OR OTHER 23
ALGORITHM –BASED OR QUANTITATIV E TOOL WAS USED IN D ETERMINING WHETHER 24
PRETRIAL DETENTION W AS ORDERED OR THE AM OUNT OF BAIL OR BOND AND, IF 25
USED: 26
(I) THE NAME OF THE O FFICE OR AGENCY THAT CONDUCTED 27
THE RISK ASSESSMENT ; AND 28
SENATE BILL 763 7
(II) THE NAME OF ANY OFFI CE, AGENCY, INDIVIDUAL, OR 1
ATTORNEY THAT RECEIV ED THE RISK ASSESSME NT RESULTS; 2
(27) INFORMATION ON WHETH ER A STATUTORY OR CO NSTITUTIONAL 3
RIGHT OF THE DEFENDA NT WAS WAIV ED, EITHER BY STIPULATIO N OR ON THE 4
RECORD, INCLUDING: 5
(I) THE DATE OF THE WAIV ER; 6
(II) THE RIGHT WAIVED ; AND 7
(III) WHETHER THE RIGHT WA S WAIVED AS A CONDIT ION OF A 8
PLEA BARGAIN ; 9
(28) WHETHER A PLEA WAS O FFERED; 10
(29) WHETHER A TIME LIMIT WAS PROVIDED WITH A PLEA OFFER; 11
(30) ALL TERMS OF ALL PLE AS OFFERED, INCLUDING: 12
(I) THE CHARGES DISMISSE D; 13
(II) THE SENTENCE RANGES FOR THE CHARGES DISM ISSED; 14
(III) THE CHARGES IN THE P LEA; 15
(IV) THE SENTENCE RANGES FOR THE CHARGES IN T HE PLEA; 16
(V) ANY CHARGES COVERED BY THE PLEA BUT NOT PART OF 17
THE CONVICTION ; AND 18
(VI) THE PENALTIES OR SEN TENCE OFFERED FOR TA KING THE 19
PLEA; 20
(31) WHETHER THE PLEA WAS ACCEPTED OR REJECTED ; 21
(32) WHETHER DISCOVERY WA S OFFERED TO THE DEF ENDANT BEFORE 22
THE PLEA; 23
(33) THE DATE DISCOVERY W AS DISCLOSED TO THE DEFENSE OR 24
DEFENDANT ; 25
(34) THE PRESIDING JUDGE AT THE PRETRIAL STAG E; 26
(35) (8) THE DISPOSITION , INCLUDING:; AND 27 8 SENATE BILL 763
(I) THE CASE OR CHARGES DISMISSED BY THE STATE’S 1
ATTORNEY, IF ANY; 2
(II) IF DISMISSED, THE REASON FOR DISMI SSAL; 3
(III) IF CONVICTED, WHETHER BY PLEA , JURY TRIAL, OR BENCH 4
TRIAL; AND 5
(IV) IF THE CASE WAS DISM ISSED BY A JUDGE, THE REASON FOR 6
DISMISSAL; 7
(36) THE PRESIDING JUDGE AT THE DISPOSITION ; 8
(37) THE DISPOSITION DATE ; 9
(38) THE SENTENCE TYPE ; 10
(39) (9) THE SENTENCE LENGTH ; 11
(40) THE PRESIDING JUDGE AT SENTENCING ; 12
(41) SUPERVISION TERMS ; 13
(42) SERVICES REQUIRED OR PROVIDED, IF ANY; 14
(43) FINES, FEES, OR SURCHARGES REQUIR ED, IF ANY; AND 15
(44) FORFEITURE OF PROPER TY REQUIRED, IF ANY. 16
(B) INFORMATION DISCLOSED UNDER SUBSECTION (A) OF THIS SECTION 17
MAY NOT INCLUDE ANY IDENTIFIABLE INFORMA TION RELATING TO A W ITNESS. 18
(C) EACH STATE’S ATTORNEY SHALL COOPER ATE WITH THE 19
ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION TO PROVIDE ANY DATA 20
NECESSARY TO MEET TH E REQUIREMENTS OF SU BSECTION (A) OF THIS SECTION. 21
(D) THE ADMINISTRATIVE OFFICE OF THE COURTS COMMISSION SHALL 22
RECORD AND MAINTAIN THE INFORMATION COLL ECTED IN ACCORDANCE WITH THIS 23
SECTION FOR AT LEAST 10 YEARS. 24
15–503. 25
(A) EACH STATE’S ATTORNEY SHALL COLLEC T AND PUBLISH ON THE 26
WEBSITE FOR EACH OFF ICE IN ACCORDANCE WI TH § 15–504 OF THIS SUBTITLE: 27 SENATE BILL 763 9
(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 W ITNESS WARRANT ; 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
4. ROTATION AMONG DIVIS IONS OR UNITS; 24
10 SENATE BILL 763
(XVI) INTERNAL DISCIPLINE POLICIES AND PROCEDU RES; 1
(XVII) VICTIM SERVICES ; 2
(XVIII) RESTORATIVE JUSTICE PROGRAMS; 3
(XIX) A LISTING OF OFFICE TRAININGS IN THE IMM EDIATELY 4
PRECEDING CALENDAR Y EAR; 5
(XX) PRACTICES INVOLVING TRACKING AND RESPOND ING TO AN 6
INMATE APPLICATION FOR PAROLE AND RESEN TENCING; AND 7
(XXI) POLICIES SPECIFIC TO VULNERABLE POPULATIO NS; AND 8
(2) THE NUMBER OF : 9
(I) ATTORNEYS ON STAFF ; 10
(II) CASES HANDLED EACH Y EAR FOR EACH ATTORNE Y; 11
(III) ATTORNEYS WHO WORKED IN THE OFFICE IN A T EMPORARY 12
OR CONTRACTUAL CAPAC ITY DURING THE IMMED IATELY PRECEDING CAL ENDAR 13
YEAR; 14
(IV) PARALEGALS AND ADMIN ISTRATIVE STAFF EMPL OYED BY 15
THE OFFICE; 16
(V) INVESTIGATORS UTILIZ ED DURING THE IMMEDI ATELY 17
PRECEDING CALENDAR Y EAR; 18
(VI) EXPERTS UTILIZED DUR ING THE IMMEDIATELY PRECED ING 19
CALENDAR YEAR WHETHE R ON STAFF OR OTHERW ISE EMPLOYED ; AND 20
(VII) POLICE OR DETECTIVES WHO WORK DIRECTLY FO R THE 21
OFFICE. 22
(B) IF A STATE’S ATTORNEY DOES NOT MAI NTAIN A POLICY RELAT ED TO 23
THE TOPICS DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION , THE STATE’S 24
ATTORNEY SHALL AFFIRM ATIVELY DISCLOSE THA T FACT. 25
15–504. 26
(A) BEGINNING APRIL 1, 2023, EACH STATE’S ATTORNEY SHALL MAKE 27
PUBLICLY AVAILABLE A LL THE INFORMATION D ESCRIBED IN § 15–503 OF THIS 28
SUBTITLE BY: 29 SENATE BILL 763 11
(1) PUBLISHING THE INFORMATION ON THE STATE’S ATTORNEY’S 1
WEBSITE; AND 2
(2) PROVIDING THE INFORM ATION TO ANY PERSON WHO REQUESTS 3
THE INFORMATION DIRE CTLY FROM THE STATE’S ATTORNEY. 4
(B) THE STATE’S ATTORNEY SHALL INCLUD E IN THE INFORMATION 5
COLLECTED UNDER § 15–503 OF THIS SUBTITLE: 6
(1) THE EFFECTIVE DATE O F THE POLICY; OR 7
(2) THE DATE THE INFORMA TION WAS GATHERED . 8
(C) EACH STATE’S ATTORNEY SHALL PUBLIS H REVISED, UPDATED, OR 9
NEWLY DRAFTED POLICI ES OR NEWLY COLLECTE D INFORMATION ON A T IMELY 10
BASIS AT LEAST ONCE EACH YEAR. 11
15–505. 12
(A) (1) THE COMMISSION, IN COORDINATION WITH THE 13
ADMINISTRATIVE OFFICE OF THE COURTS, SHALL: 14
(I) DETERMINE THE MANNER IN WHICH THE ADMINISTRATIVE 15
OFFICE OF THE COURTS PROVIDES TO TH E COMMISSION THE INFORM ATION 16
COLLECTED UNDER § 15–502 OF THIS SUBTITLE; 17
(II) ENSURE THAT DISCLOSU RE OF INFORMATION UN DER THIS 18
SUBTITLE IS PERFORME D IN A UNIFORM AND C ONSISTENT MANNER ; AND 19
(III) DETERMINE AN IMPLEME NTATION SCHEDULE AND PLAN BY 20
WHICH THE ADMINISTRATIVE OFFICE OF THE COURTS WILL DISCLOSE 21
INFORMATION COLLECTE D UNDER § 15–502 OF THIS SUBTITLE ON OR BEFORE 22
OCTOBER 1, 2025. 23
(2) THE IMPLEMENTATION SC HEDULE AND PLAN DESC RIBED UNDER 24
PARAGRAPH (1) OF THIS SUBSECTION M AY: 25
(I) INCLUDE IMPLEMENTATI ON ON A ROLLING BASIS THAT 26
STARTS BY PRIORITIZI NG A SUBSET OF THE D ATA COLLECTED UNDER § 15–502 OF 27
THIS SUBTITLE; OR 28
(II) PRIORITIZE DISCLOSUR E OF SPECIFIC INFORM ATION FROM 29
LARGER STATE’S ATTORNEY OFFICES . 30 12 SENATE BILL 763
(B) (1) ON OR BEFORE OCTOBER 1, 2023, AND IN ACCORDANCE WI TH THE 1
IMPLEMENTATION SCHED ULE AND PLAN DESCRIB ED IN SUBSECTION (A) OF THIS 2
SECTION, THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL BEGIN DI SCLOSING 3
DATA, STRIPPED OF ANY INDI VIDUALIZED OR IDENTI FYING PERSONAL 4
INFORMATION ABOUT AN Y PERSON ARRESTED OR PROSECUTED, TO THE 5
COMMISSION FOR THE IM MEDIATELY PRECEDING CALENDAR YEAR . 6
(2) ON OR BEFORE JANUARY 31, 2024, THE ADMINISTRATIVE OFFICE 7
OF THE COURTS SHALL COMPLETE THE REQUIRED DISCLOS URE OF DATA UNDER 8
THIS SUBSECTION . 9
15–503. 10
(C) (A) (1) ON OR BEFORE MAY 1, 2024 2025, AND EACH MAY 1 11
THEREAFTER , THE COMMISSION SHALL PUBL ISH ONLINE THE DATA COLLECTED 12
UNDER § 15–502 OF THIS SUBTITLE IN A MODERN, OPEN, ELECTRONIC FORMAT 13
THAT IS MACHINE –READABLE, MACHINE–SEARCHABLE , AND READILY ACCESSIB LE 14
TO THE PUBLIC ON THE COMMISSION’S WEBSITE. 15
(2) (B) DATA PUBLISHED IN ACC ORDANCE WITH THIS SU BSECTION 16
MAY NOT CONTAIN INDI VIDUALIZED OR IDENTI FYING PERSONAL INFOR MATION 17
ABOUT ANY PERSON ARR ESTED OR PROSECUTED . 18
(D) ON OR BEFORE SEPTEMBER 1, 2024, THE COMMISSION SHALL REPORT 19
ON THE DATA RECEIVED FROM THE ADMINISTRATIVE OFFICE OF THE COURTS, 20
COMPARING AND CONTRA STING THE PRACTICES AND TRENDS AMONG 21
JURISDICTIONS. 22
(E) (1) THE COMMISSION SHALL , AT LEAST TWICE PER Y EAR, PUBLISH 23
ISSUE–SPECIFIC REPORTS THA T PROVIDE IN–DEPTH ANALYSIS OF ON E OR MORE 24
AREAS OF PROSECUTORI AL DECISION MAKING . 25
(2) AT LEAST ONE REPORT U NDER THIS SUBSECTION SHALL FOCUS 26
ON RACIAL DISPARITIE S. 27
15–506. 15–504. 28
(A) (1) IN ORDER TO COMPLY WI TH A REQUEST MADE UN DER THE 29
MARYLAND PUBLIC INFORMATION ACT, A STATE’S ATTORNEY MAY SATISFY A 30
REQUEST FOR INFORMAT ION GATHERED AS REQU IRED UNDER THIS SUBT ITLE BY 31
REFERRING THE REQUES TING PARTY TO THE COMMISSION WEBSITE CO NTAINING 32
THE DATA IF THE STATE’S ATTORNEY: 33
SENATE BILL 763 13
(I) IS IN COMPLIANCE WIT H THIS SUBTITLE; AND 1
(II) IN GOOD FAITH , REASONABLY BELIEVES THAT THE 2
REQUEST FOR INFORMAT ION CAN BE SATISFIED BY REFERENCE TO THE DATA MADE 3
PUBLICLY AVAILABLE U NDER THIS SUBTITLE . 4
(2) IF AN INFORMATION REQ UEST IS ABLE TO BE S ATISFIED IN 5
ACCORDANCE WITH THIS SUBSECTION, THE STATE’S ATTORNEY MAY FULFILL THE 6
REQUEST WITHOUT AFFI RMATIVELY COLLECTING OR DISCLOSING THE PA RTICULAR 7
INFORMATION BEING RE QUESTED. 8
(B) THE REQUESTING PARTY MAY SEEK JUDICIAL REVIEW I N ACCORDANCE 9
WITH § 4–362 OF THE GENERAL PROVISIONS ARTICLE FOR PURPOSES OF 10
COMPELLING DISCLOSUR E IF: 11
(1) THE REQUESTING PARTY DOES NOT BELIEVE THA T THE REQUEST 12
CAN BE SATISFIED UND ER THIS SECTION; AND 13
(2) THE STATE’S ATTORNEY REF USES TO DISCLOSE THE 14
INFORMATION BEING RE QUESTED. 15
Article – Education 16
24–701. 17
(a) In this subtitle the following words have the meanings indicated. 18
(l) (1) “Student data” means data relating to or impacting student 19
performance. 20
(2) “Student data” includes: 21
(i) State and national assessments; 22
(ii) Course–taking and completion; 23
(iii) Grade point average; 24
(iv) Remediation; 25
(v) Retention; 26
(vi) Degree, diploma, or credential attainment; 27
(vii) Enrollment; 28
14 SENATE BILL 763
(viii) Demographic data; 1
(ix) Juvenile delinquency records; 2
(x) Elementary and secondary school disciplinary records; 3
(xi) Child welfare data; 4
(xii) License, industry certificate, or vocational certificate; and 5
(xiii) Personally identifiable information. 6
(3) “Student data” does not include[: 7
(i) Criminal and CINA records; and 8
(ii) Medical] MEDICAL and health records. 9
24–703. 10
(a) There is a Maryland Longitudinal Data System Center. 11
(f) The Center shall perform the following functions and duties: 12
(1) Serve as a central repository of student data and workforce data in the 13
Maryland Longitudinal Data System, including data sets provided by: 14
(i) The State Department of Education; 15
(ii) Local education agencies; 16
(iii) The Maryland Higher Education Commission; 17
(iv) Institutions of higher education; 18
(v) The Maryland Department of Labor; 19
(vi) The Department of Juvenile Services; and 20
(vii) The Social Services Administration within the Department of 21
Human Services; 22
SECTION 2. AND BE IT FURTHER ENACTED, That: 23
(a) There is a Task Force to Study Criminal Justice Data Transparency. 24
(b) The Task Force consists of the following members: 25 SENATE BILL 763 15
(1) two members of the Senate of Maryland, appointed by the President of 1
the Senate; 2
(2) two members of the House of Delegates, appointed by the Speaker of 3
the House; 4
(3) the President of the Maryland State’s Attorneys’ Association, or the 5
President’s designee; 6
(4) the Executive Director of the Maryland State Commission on Criminal 7
Sentencing Policy, or the Executive Director’s designee; 8
(5) one representative of the Administrative Office of the Courts, appointed 9
by the Governor Chief Judge of the Court of Appeals; and 10
(6) one representative of the Vera Institute of Justice, appointed by the 11
Governor. 12
(c) The President of the Senate and the Speaker of the House shall each designate 13
one co–chair of the Task Force. 14
(d) The Maryland State Commission on Criminal Sentencing Policy shall provide 15
staff for the Task Force. 16
(e) A member of the Task Force: 17
(1) may not receive compensation as a member of the Task Force; but 18
(2) is entitled to reimbursement for expenses under the Standard State 19
Travel Regulations, as provided in the State budget. 20
(f) The Task Force shall: 21
(1) study the possibility of expanding the data collection and disclosure 22
requirements established under Section 1 of this Act to include cases of the District Court; 23
and 24
(2) make recommendations on potential statutory changes necessary to 25
expand data collection and reporting. 26
(g) On or before December 31, 2023, the Task Force shall report its findings and 27
recommendations to the Senate Judicial Proceedings Committee and the House Judiciary 28
Committee in accordance with § 2–1257 of the State Government Article. 29
SECTION 2. 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act 30
or the application thereof to any person or circumstance is held invalid for any reason in a 31 16 SENATE BILL 763
court of competent jurisdiction, the invalidity does not affect other provisions or any other 1
application of this Act that can be given effect without the invalid provision or application, 2
and for this purpose the provisions of this Act are declared severable. 3
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 9 5
months and, at the end of June 30, 2024, Section 2 of this Act, with no further action 6
required by the General Assembly, shall be abrogated and of no further force and effect. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.