Old | New | Differences | |
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1 | - | WES MOORE, Governor Ch. 98 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 98 | |
5 | - | (Senate Bill 260) | |
6 | 2 | ||
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 | + | *sb0260* | |
8 | 9 | ||
9 | - | Division of Parole and Probation – Criteria for Earned Compliance Credit – | |
10 | - | Exception for Supervision Fees | |
10 | + | SENATE BILL 260 | |
11 | + | E5 4lr0121 | |
12 | + | (PRE–FILED) CF HB 123 | |
13 | + | By: Chair, Judicial Proceedings Committee (By Request – Departmental – Public | |
14 | + | Safety and Correctional Services) | |
15 | + | Requested: September 12, 2023 | |
16 | + | Introduced and read first time: January 10, 2024 | |
17 | + | Assigned to: Judicial Proceedings | |
18 | + | Committee Report: Favorable | |
19 | + | Senate action: Adopted | |
20 | + | Read second time: February 12, 2024 | |
11 | 21 | ||
12 | - | FOR the purpose of altering a certain condition regarding the payment of certain | |
13 | - | restitution, fines, and fees that a certain supervised individual must satisfy to accrue | |
14 | - | certain earned compliance credit while under the supervision of the Division of | |
15 | - | Parole and Probation in the Department of Public Safety and Correctional Services; | |
16 | - | and generally relating to individuals under the supervision of the Division of Parole | |
17 | - | and Probation. | |
22 | + | CHAPTER ______ | |
18 | 23 | ||
19 | - | BY repealing and reenacting, without amendments, | |
20 | - | Article – Correctional Services | |
21 | - | Section 6–117(a)(1) and (4) and 7–702(a), (b), and (c)(1) | |
22 | - | Annotated Code of Maryland | |
23 | - | (2017 Replacement Volume and 2023 Supplement) | |
24 | + | AN ACT concerning 1 | |
24 | 25 | ||
25 | - | BY repealing and reenacting, with amendments, | |
26 | - | Article – Correctional Services | |
27 | - | Section 6–117(a)(3) | |
28 | - | Annotated Code of Maryland | |
29 | - | (2017 Replacement Volume and 2023 Supplement) | |
26 | + | Division of Parole and Probation – Criteria for Earned Compliance Credit – 2 | |
27 | + | Exception for Supervision Fees 3 | |
30 | 28 | ||
31 | - | BY repealing and reenacting, without amendments, | |
32 | - | Article – Criminal Procedure | |
33 | - | Section 6–226(a), (b), and (c)(1) | |
34 | - | Annotated Code of Maryland | |
35 | - | (2018 Replacement Volume and 2023 Supplement) | |
29 | + | FOR the purpose of altering a certain condition regarding the payment of certain 4 | |
30 | + | restitution, fines, and fees that a certain supervised individual must satisfy to accrue 5 | |
31 | + | certain earned compliance credit while under the supervision of the Division of 6 | |
32 | + | Parole and Probation in the Department of Public Safety and Correctional Services; 7 | |
33 | + | and generally relating to individuals under the supervision of the Division of Parole 8 | |
34 | + | and Probation. 9 | |
36 | 35 | ||
37 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
38 | - | That the Laws of Maryland read as follows: | |
36 | + | BY repealing and reenacting, without amendments, 10 | |
37 | + | Article – Correctional Services 11 | |
38 | + | Section 6–117(a)(1) and (4) and 7–702(a), (b), and (c)(1) 12 | |
39 | + | Annotated Code of Maryland 13 | |
40 | + | (2017 Replacement Volume and 2023 Supplement) 14 | |
39 | 41 | ||
40 | - | Article – Correctional Services | |
42 | + | BY repealing and reenacting, with amendments, 15 | |
43 | + | Article – Correctional Services 16 | |
44 | + | Section 6–117(a)(3) 17 | |
45 | + | Annotated Code of Maryland 18 | |
46 | + | (2017 Replacement Volume and 2023 Supplement) 19 | |
41 | 47 | ||
42 | - | ||
48 | + | BY repealing and reenacting, without amendments, 20 2 SENATE BILL 260 | |
43 | 49 | ||
44 | - | (a) (1) In this section the following words have the meanings indicated. | |
45 | 50 | ||
46 | - | | |
47 | - | ||
48 | - | ||
49 | - | | |
51 | + | Article – Criminal Procedure 1 | |
52 | + | Section 6–226(a), (b), and (c)(1) 2 | |
53 | + | Annotated Code of Maryland 3 | |
54 | + | (2018 Replacement Volume and 2023 Supplement) 4 | |
50 | 55 | ||
51 | - | – 2 – | |
52 | - | (i) exhibits compliance with the conditions and goals of the | |
53 | - | supervised individual’s probation, parole, or mandatory release supervision, as determined | |
54 | - | by the Department; | |
56 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
57 | + | That the Laws of Maryland read as follows: 6 | |
55 | 58 | ||
56 | - | ||
59 | + | Article – Correctional Services 7 | |
57 | 60 | ||
58 | - | (iii) has not violated any conditions of no contact imposed on the | |
59 | - | supervised individual; | |
61 | + | 6–117. 8 | |
60 | 62 | ||
61 | - | (iv) EXCEPT FOR A MONTHLY SUPERVISION FEE IMPOSED | |
62 | - | UNDER § 7–702 OF THIS ARTICLE OR § 6–226 OF THE CRIMINAL PROCEDURE | |
63 | - | ARTICLE, is current on court ordered payments for restitution, fines, and fees relating to | |
64 | - | the offense for which earned compliance credits are being accrued; and | |
63 | + | (a) (1) In this section the following words have the meanings indicated. 9 | |
65 | 64 | ||
66 | - | ( | |
67 | - | ||
68 | - | ||
65 | + | (3) “Earned compliance credit” means a 20–day reduction from the period 10 | |
66 | + | of active supervision of the supervised individual for every month that a supervised 11 | |
67 | + | individual: 12 | |
69 | 68 | ||
70 | - | ||
71 | - | ||
72 | - | ||
69 | + | (i) exhibits compliance with the conditions and goals of the 13 | |
70 | + | supervised individual’s probation, parole, or mandatory release supervision, as determined 14 | |
71 | + | by the Department; 15 | |
73 | 72 | ||
74 | - | (ii) | |
73 | + | (ii) has no new arrests; 16 | |
75 | 74 | ||
76 | - | | |
77 | - | ||
75 | + | (iii) has not violated any conditions of no contact imposed on the 17 | |
76 | + | supervised individual; 18 | |
78 | 77 | ||
79 | - | 2. a person incarcerated, on probation, or convicted in this | |
80 | - | State for a crime under Title 3, Subtitle 3 of the Criminal Law Article; | |
78 | + | (iv) EXCEPT FOR A MONTHLY SUPERVISION FEE IMPOSED 19 | |
79 | + | UNDER § 7–702 OF THIS ARTICLE OR § 6–226 OF THE CRIMINAL PROCEDURE 20 | |
80 | + | ARTICLE, is current on court ordered payments for restitution, fines, and fees relating to 21 | |
81 | + | the offense for which earned compliance credits are being accrued; and 22 | |
81 | 82 | ||
82 | - | | |
83 | - | ||
84 | - | ||
83 | + | (v) is current in completing any community supervision 23 | |
84 | + | requirements included in the conditions of the supervised individual’s probation, parole, or 24 | |
85 | + | mandatory release supervision. 25 | |
85 | 86 | ||
86 | - | 4. a person registered or eligible for registration under Title | |
87 | - | 11, Subtitle 7 of the Criminal Procedure Article; | |
87 | + | (4) (i) “Supervised individual” means an individual placed on probation 26 | |
88 | + | by a court or serving a period of parole or mandatory release supervision after release from 27 | |
89 | + | a correctional facility. 28 | |
88 | 90 | ||
89 | - | 5. a person who was convicted in any other jurisdiction of a | |
90 | - | crime and the person’s supervision was transferred to this State; or | |
91 | + | (ii) “Supervised individual” does not include: 29 | |
91 | 92 | ||
92 | - | | |
93 | - | ||
93 | + | 1. a person incarcerated, on probation, or convicted in this 30 | |
94 | + | State for a crime of violence; 31 | |
94 | 95 | ||
95 | - | ||
96 | - | | |
96 | + | 2. a person incarcerated, on probation, or convicted in this 32 | |
97 | + | State for a crime under Title 3, Subtitle 3 of the Criminal Law Article; 33 SENATE BILL 260 3 | |
97 | 98 | ||
98 | - | – 3 – | |
99 | - | (a) In this section, “supervisee” means an individual supervised by the Division | |
100 | - | of Parole and Probation for the Commission. | |
101 | 99 | ||
102 | - | (b) Unless a supervisee is exempted by the Commission under subsection (d) of | |
103 | - | this section, the Commission shall assess a monthly fee of $50 as a condition of supervision | |
104 | - | for each supervisee. | |
105 | 100 | ||
106 | - | (c) (1) The fee assessed under subsection (b) of this section shall be paid to the | |
107 | - | Division of Parole and Probation. | |
101 | + | 3. a person incarcerated, on probation, or convicted in this 1 | |
102 | + | State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal 2 | |
103 | + | Law Article; 3 | |
108 | 104 | ||
109 | - | Article – Criminal Procedure | |
105 | + | 4. a person registered or eligible for registration under Title 4 | |
106 | + | 11, Subtitle 7 of the Criminal Procedure Article; 5 | |
110 | 107 | ||
111 | - | 6–226. | |
108 | + | 5. a person who was convicted in any other jurisdiction of a 6 | |
109 | + | crime and the person’s supervision was transferred to this State; or 7 | |
112 | 110 | ||
113 | - | | |
114 | - | supervision | |
111 | + | 6. a person who was convicted in this State of a crime and 8 | |
112 | + | the person’s supervision was transferred to another state. 9 | |
115 | 113 | ||
116 | - | (b) Unless the supervisee is exempt under subsection (d) of this section, the court | |
117 | - | shall impose a monthly fee of $50 on a supervisee. | |
114 | + | 7–702. 10 | |
118 | 115 | ||
119 | - | ( | |
120 | - | Parole and Probation. | |
116 | + | (a) In this section, “supervisee” means an individual supervised by the Division 11 | |
117 | + | of Parole and Probation for the Commission. 12 | |
121 | 118 | ||
122 | - | SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect | |
123 | - | October 1, 2024. | |
119 | + | (b) Unless a supervisee is exempted by the Commission under subsection (d) of 13 | |
120 | + | this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 14 | |
121 | + | for each supervisee. 15 | |
124 | 122 | ||
125 | - | Approved by the Governor, April 9, 2024. | |
123 | + | (c) (1) The fee assessed under subsection (b) of this section shall be paid to the 16 | |
124 | + | Division of Parole and Probation. 17 | |
125 | + | ||
126 | + | Article – Criminal Procedure 18 | |
127 | + | ||
128 | + | 6–226. 19 | |
129 | + | ||
130 | + | (a) In this section, “supervisee” means a person that the court places under the 20 | |
131 | + | supervision of the Division of Parole and Probation. 21 | |
132 | + | ||
133 | + | (b) Unless the supervisee is exempt under subsection (d) of this section, the court 22 | |
134 | + | shall impose a monthly fee of $50 on a supervisee. 23 | |
135 | + | ||
136 | + | (c) (1) The fee imposed under this section shall be paid to the Division of 24 | |
137 | + | Parole and Probation. 25 | |
138 | + | ||
139 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
140 | + | October 1, 2024. 27 |