MD
Maryland House Bill HB531

Maryland 2024 Regular Session

Maryland House Bill HB531 Compare Versions

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1- WES MOORE, Governor Ch. 928
21
3-– 1 –
4-Chapter 928
5-(House Bill 531)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0531*
89
9-Correctional Services – Parole Supervision Fees and Drug and Alcohol Abuse
10-Test Payment – Repeal
10+HOUSE BILL 531
11+E5 4lr2121
12+ CF SB 728
13+By: Delegates Embry, Allen, Boafo, Boyce, Crutchfield, A. Johnson, McCaskill,
14+Mireku–North, Palakovich Carr, Taylor, Terrasa, and Williams
15+Introduced and read first time: January 24, 2024
16+Assigned to: Judiciary
17+Committee Report: Favorable
18+House action: Adopted
19+Read second time: March 3, 2024
1120
12-FOR the purpose of repealing the requirement for the Maryland Parole Commission to
13-assess a fee against an individual on parole and supervised by the Division of Parole
14-and Probation under certain circumstances; repealing authorization for the Division
15-of Parole and Probation to require a supervisee of the Division who is on parole to
16-pay for certain drug or alcohol abuse testing under certain circumstances; and
17-generally relating to parole supervision fees and drug and alcohol abuse test
18-payment.
21+CHAPTER ______
1922
20-BY repealing
21- Article – Correctional Services
22-Section 7–702
23- Annotated Code of Maryland
24- (2017 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2524
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
25+Correctional Services – Parole Supervision Fees and Drug and Alcohol Abuse 2
26+Test Payment – Repeal 3
2827
29-Article – Correctional Services
28+FOR the purpose of repealing the requirement for the Maryland Parole Commission to 4
29+assess a fee against an individual on parole and supervised by the Division of Parole 5
30+and Probation under certain circumstances; repealing authorization for the Division 6
31+of Parole and Probation to require a supervisee of the Division who is on parole to 7
32+pay for certain drug or alcohol abuse testing under certain circumstances; and 8
33+generally relating to parole supervision fees and drug and alcohol abuse test 9
34+payment. 10
3035
31-[7–702.
36+BY repealing 11
37+ Article – Correctional Services 12
38+Section 7–702 13
39+ Annotated Code of Maryland 14
40+ (2017 Replacement Volume and 2023 Supplement) 15
3241
33- (a) In this section, “supervisee” means an individual supervised by the Division
34-of Parole and Probation for the Commission.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43+That the Laws of Maryland read as follows: 17
3544
36- (b) Unless a supervisee is exempted by the Commission under subsection (d) of
37-this section, the Commission shall assess a monthly fee of $50 as a condition of supervision
38-for each supervisee.
45+Article – Correctional Services 18
3946
40- (c) (1) The fee assessed under subsection (b) of this section shall be paid to the
41-Division of Parole and Probation.
47+[7–702. 19
48+ 2 HOUSE BILL 531
4249
43- (2) The Division of Parole and Probation shall pay all money collected
44-under this section into the General Fund of the State.
4550
46- (d) The Commission may exempt a supervisee wholly or partly from the fee
47-assessed under subsection (b) of this section if:
48- Ch. 928 2024 LAWS OF MARYLAND
51+ (a) In this section, “supervisee” means an individual supervised by the Division 1
52+of Parole and Probation for the Commission. 2
4953
50-– 2 –
51- (1) the supervisee has diligently attempted but has been unable to obtain
52-employment that provides sufficient income for the supervisee to pay the fee;
54+ (b) Unless a supervisee is exempted by the Commission under subsection (d) of 3
55+this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 4
56+for each supervisee. 5
5357
54- (2) (i) the supervisee is a student in a school, college, or university or is
55-enrolled in a course of vocational or technical training designed to prepare the supervisee
56-for gainful employment; and
58+ (c) (1) The fee assessed under subsection (b) of this section shall be paid to the 6
59+Division of Parole and Probation. 7
5760
58- (ii) the institution in which the supervisee is enrolled supplies
59-certification of student status to the Commission;
61+ (2) The Division of Parole and Probation shall pay all money collected 8
62+under this section into the General Fund of the State. 9
6063
61- (3) the supervisee has a disability that limits possible employment, as
62-determined by a physical or psychological examination that the Commission accepts or
63-orders;
64+ (d) The Commission may exempt a supervisee wholly or partly from the fee 10
65+assessed under subsection (b) of this section if: 11
6466
65- (4) the supervisee is responsible for the support of dependents and the
66-payment of the fee constitutes an undue hardship on the supervisee; or
67+ (1) the supervisee has diligently attempted but has been unable to obtain 12
68+employment that provides sufficient income for the supervisee to pay the fee; 13
6769
68- (5) other extenuating circumstances exist.
70+ (2) (i) the supervisee is a student in a school, college, or university or is 14
71+enrolled in a course of vocational or technical training designed to prepare the supervisee 15
72+for gainful employment; and 16
6973
70- (e) The fee assessed under subsection (b) of this section is in addition to court
71-costs and fines.
74+ (ii) the institution in which the supervisee is enrolled supplies 17
75+certification of student status to the Commission; 18
7276
73- (f) (1) If a supervisee does not comply with the fee requirement:
77+ (3) the supervisee has a disability that limits possible employment, as 19
78+determined by a physical or psychological examination that the Commission accepts or 20
79+orders; 21
7480
75- (i) the Division of Parole and Probation shall notify the Commission;
76-and
81+ (4) the supervisee is responsible for the support of dependents and the 22
82+payment of the fee constitutes an undue hardship on the supervisee; or 23
7783
78- (ii) the Commission may revoke parole or mandatory supervision.
84+ (5) other extenuating circumstances exist. 24
7985
80- (2) The Commission shall conduct a hearing to determine if there are
81-sufficient grounds to find the supervisee in violation of the fee requirement.
86+ (e) The fee assessed under subsection (b) of this section is in addition to court 25
87+costs and fines. 26
8288
83- (3) At a hearing under this subsection, the Commission may consider:
89+ (f) (1) If a supervisee does not comply with the fee requirement: 27
8490
85- (i) any material change in the supervisee’s financial status;
91+ (i) the Division of Parole and Probation shall notify the Commission; 28
92+and 29
8693
87- (ii) good faith efforts of the supervisee to pay the fee; and
94+ (ii) the Commission may revoke parole or mandatory supervision. 30
8895
89- (iii) alternative means to assure payment of the fee before the period
90-of supervision ends.
96+ (2) The Commission shall conduct a hearing to determine if there are 31
97+sufficient grounds to find the supervisee in violation of the fee requirement. 32 HOUSE BILL 531 3
9198
92- (g) (1) In addition to the fee assessed under subsection (b) of this section, the
93-Division of Parole and Probation may require a supervisee to pay for drug or alcohol abuse
94-testing that the Commission orders.
95- WES MOORE, Governor Ch. 928
9699
97-– 3 –
98- (2) If a supervisee fails to pay for drug or alcohol abuse testing as required
99-by the Division of Parole and Probation, the Commission may revoke parole or mandatory
100-supervision.
101100
102- (3) If the Division of Parole and Probation determines that any of the
103-criteria specified in subsection (d) of this section are applicable, the Division may exempt a
104-supervisee wholly or partly from a payment for drug or alcohol abuse testing.
101+ (3) At a hearing under this subsection, the Commission may consider: 1
105102
106- (h) The Division of Parole and Probation shall:
103+ (i) any material change in the supervisee’s financial status; 2
107104
108- (1) adopt guidelines for collecting the supervision fee;
105+ (ii) good faith efforts of the supervisee to pay the fee; and 3
109106
110- (2) adopt guidelines for collecting the cost of drug and alcohol abuse
111-testing; and
107+ (iii) alternative means to assure payment of the fee before the period 4
108+of supervision ends. 5
112109
113- (3) investigate requests for an exemption from payment if the Commission
114-requests an investigation.
110+ (g) (1) In addition to the fee assessed under subsection (b) of this section, the 6
111+Division of Parole and Probation may require a supervisee to pay for drug or alcohol abuse 7
112+testing that the Commission orders. 8
115113
116- (i) The Division of Parole and Probation shall:
114+ (2) If a supervisee fails to pay for drug or alcohol abuse testing as required 9
115+by the Division of Parole and Probation, the Commission may revoke parole or mandatory 10
116+supervision. 11
117117
118- (1) keep records of all payments by each supervisee; and
118+ (3) If the Division of Parole and Probation determines that any of the 12
119+criteria specified in subsection (d) of this section are applicable, the Division may exempt a 13
120+supervisee wholly or partly from a payment for drug or alcohol abuse testing. 14
119121
120- (2) report delinquencies to the Commission.
122+ (h) The Division of Parole and Probation shall: 15
121123
122- (j) On release of a supervisee, the Department and the appropriate local
123-detention center shall provide the supervisee with an oral and a written notice that:
124+ (1) adopt guidelines for collecting the supervision fee; 16
124125
125- (1) states the criteria listed in subsection (d) of this section that the
126-Commission may use in determining whether to exempt a supervisee from the supervision
127-fee assessed under subsection (b) of this section; and
126+ (2) adopt guidelines for collecting the cost of drug and alcohol abuse 17
127+testing; and 18
128128
129- (2) explains the process of applying for an exemption from the supervision
130-fee.]
129+ (3) investigate requests for an exemption from payment if the Commission 19
130+requests an investigation. 20
131131
132- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
133-October 1, 2024.
132+ (i) The Division of Parole and Probation shall: 21
134133
135-Approved by the Governor, May 16, 2024.
134+ (1) keep records of all payments by each supervisee; and 22
135+
136+ (2) report delinquencies to the Commission. 23
137+
138+ (j) On release of a supervisee, the Department and the appropriate local 24
139+detention center shall provide the supervisee with an oral and a written notice that: 25
140+
141+ (1) states the criteria listed in subsection (d) of this section that the 26
142+Commission may use in determining whether to exempt a supervisee from the supervision 27
143+fee assessed under subsection (b) of this section; and 28
144+
145+ (2) explains the process of applying for an exemption from the supervision 29
146+fee.] 30 4 HOUSE BILL 531
147+
148+
149+
150+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
151+October 1, 2024. 2
152+
153+
154+
155+Approved:
156+________________________________________________________________________________
157+ Governor.
158+________________________________________________________________________________
159+ Speaker of the House of Delegates.
160+________________________________________________________________________________
161+ President of the Senate.