Maryland 2024 Regular Session

Maryland Senate Bill SB260 Compare Versions

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1- WES MOORE, Governor Ch. 98
21
3-– 1 –
4-Chapter 98
5-(Senate Bill 260)
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+ *sb0260*
89
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
1121
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 ______
1823
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
2425
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
3028
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
3635
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
3941
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
4147
42-6–117.
48+BY repealing and reenacting, without amendments, 20 2 SENATE BILL 260
4349
44- (a) (1) In this section the following words have the meanings indicated.
4550
46- (3) “Earned compliance credit” means a 20–day reduction from the period
47-of active supervision of the supervised individual for every month that a supervised
48-individual:
49- Ch. 98 2024 LAWS OF MARYLAND
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
5055
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
5558
56- (ii) has no new arrests;
59+Article – Correctional Services 7
5760
58- (iii) has not violated any conditions of no contact imposed on the
59-supervised individual;
61+6–117. 8
6062
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
6564
66- (v) is current in completing any community supervision
67-requirements included in the conditions of the supervised individual’s probation, parole, or
68-mandatory release supervision.
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
6968
70- (4) (i) “Supervised individual” means an individual placed on probation
71-by a court or serving a period of parole or mandatory release supervision after release from
72-a correctional facility.
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
7372
74- (ii) “Supervised individual” does not include:
73+ (ii) has no new arrests; 16
7574
76- 1. a person incarcerated, on probation, or convicted in this
77-State for a crime of violence;
75+ (iii) has not violated any conditions of no contact imposed on the 17
76+supervised individual; 18
7877
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
8182
82- 3. a person incarcerated, on probation, or convicted in this
83-State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal
84-Law Article;
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
8586
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
8890
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
9192
92- 6. a person who was convicted in this State of a crime and
93-the person’s supervision was transferred to another state.
93+ 1. a person incarcerated, on probation, or convicted in this 30
94+State for a crime of violence; 31
9495
95-7–702.
96- WES MOORE, Governor Ch. 98
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
9798
98-– 3 –
99- (a) In this section, “supervisee” means an individual supervised by the Division
100-of Parole and Probation for the Commission.
10199
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.
105100
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
108104
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
110107
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
112110
113- (a) In this section, “supervisee” means a person that the court places under the
114-supervision of the Division of Parole and Probation.
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
115113
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
118115
119- (c) (1) The fee imposed under this section shall be paid to the Division of
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
121118
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
124122
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