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. *sb0260* SENATE BILL 260 E5 4lr0121 (PRE–FILED) CF HB 123 By: Chair, Judicial Proceedings Committee (By Request – Departmental – Public Safety and Correctional Services) Requested: September 12, 2023 Introduced and read first time: January 10, 2024 Assigned to: Judicial Proceedings Committee Report: Favorable Senate action: Adopted Read second time: February 12, 2024 CHAPTER ______ AN ACT concerning 1 Division of Parole and Probation – Criteria for Earned Compliance Credit – 2 Exception for Supervision Fees 3 FOR the purpose of altering a certain condition regarding the payment of certain 4 restitution, fines, and fees that a certain supervised individual must satisfy to accrue 5 certain earned compliance credit while under the supervision of the Division of 6 Parole and Probation in the Department of Public Safety and Correctional Services; 7 and generally relating to individuals under the supervision of the Division of Parole 8 and Probation. 9 BY repealing and reenacting, without amendments, 10 Article – Correctional Services 11 Section 6–117(a)(1) and (4) and 7–702(a), (b), and (c)(1) 12 Annotated Code of Maryland 13 (2017 Replacement Volume and 2023 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Correctional Services 16 Section 6–117(a)(3) 17 Annotated Code of Maryland 18 (2017 Replacement Volume and 2023 Supplement) 19 BY repealing and reenacting, without amendments, 20 2 SENATE BILL 260 Article – Criminal Procedure 1 Section 6–226(a), (b), and (c)(1) 2 Annotated Code of Maryland 3 (2018 Replacement Volume and 2023 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – Correctional Services 7 6–117. 8 (a) (1) In this section the following words have the meanings indicated. 9 (3) “Earned compliance credit” means a 20–day reduction from the period 10 of active supervision of the supervised individual for every month that a supervised 11 individual: 12 (i) exhibits compliance with the conditions and goals of the 13 supervised individual’s probation, parole, or mandatory release supervision, as determined 14 by the Department; 15 (ii) has no new arrests; 16 (iii) has not violated any conditions of no contact imposed on the 17 supervised individual; 18 (iv) EXCEPT FOR A MONTHLY SUPERVISION FEE IMPOSED 19 UNDER § 7–702 OF THIS ARTICLE OR § 6–226 OF THE CRIMINAL PROCEDURE 20 ARTICLE, is current on court ordered payments for restitution, fines, and fees relating to 21 the offense for which earned compliance credits are being accrued; and 22 (v) is current in completing any community supervision 23 requirements included in the conditions of the supervised individual’s probation, parole, or 24 mandatory release supervision. 25 (4) (i) “Supervised individual” means an individual placed on probation 26 by a court or serving a period of parole or mandatory release supervision after release from 27 a correctional facility. 28 (ii) “Supervised individual” does not include: 29 1. a person incarcerated, on probation, or convicted in this 30 State for a crime of violence; 31 2. a person incarcerated, on probation, or convicted in this 32 State for a crime under Title 3, Subtitle 3 of the Criminal Law Article; 33 SENATE BILL 260 3 3. a person incarcerated, on probation, or convicted in this 1 State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal 2 Law Article; 3 4. a person registered or eligible for registration under Title 4 11, Subtitle 7 of the Criminal Procedure Article; 5 5. a person who was convicted in any other jurisdiction of a 6 crime and the person’s supervision was transferred to this State; or 7 6. a person who was convicted in this State of a crime and 8 the person’s supervision was transferred to another state. 9 7–702. 10 (a) In this section, “supervisee” means an individual supervised by the Division 11 of Parole and Probation for the Commission. 12 (b) Unless a supervisee is exempted by the Commission under subsection (d) of 13 this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 14 for each supervisee. 15 (c) (1) The fee assessed under subsection (b) of this section shall be paid to the 16 Division of Parole and Probation. 17 Article – Criminal Procedure 18 6–226. 19 (a) In this section, “supervisee” means a person that the court places under the 20 supervision of the Division of Parole and Probation. 21 (b) Unless the supervisee is exempt under subsection (d) of this section, the court 22 shall impose a monthly fee of $50 on a supervisee. 23 (c) (1) The fee imposed under this section shall be paid to the Division of 24 Parole and Probation. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 October 1, 2024. 27