Maryland 2024 Regular Session

Maryland Senate Bill SB44 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0044
6	6
7	7	SENATE BILL 44
8	8	E2 4lr1348
9	9	(PRE–FILED) CF 4lr1288
10	10	By: Senators Folden, Bailey, Carozza, Corderman, Gallion, Hershey, Jennings,
11	11	Mautz, McKay, Ready, Salling, Simonaire, and West
12	12	Requested: October 31, 2023
13	13	Introduced and read first time: January 10, 2024
14	14	Assigned to: Judicial Proceedings
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Safe Communities Act of 2024 2
21	21
22	22	FOR the purpose of prohibiting the earning of diminution credits to reduce the term of 3
23	23	confinement of an incarcerated individual who is serving a sentence for murder in 4
24	24	the first degree or murder in the second degree in a State or local correctional facility; 5
25	25	prohibiting a deduction of diminution credits of more than a certain percentage of an 6
26	26	incarcerated individual’s aggregate sentence for crimes of violence for an 7
27	27	incarcerated individual who is serving a sentence for a crime of violence; prohibiting 8
28	28	a judicial officer from authorizing the pretrial release of a defendant who is charged 9
29	29	with a crime of violence if the defendant has a pending charge for a certain crime or 10
30	30	was previously convicted within a certain number of years of a certain crime; and 11
31	31	generally relating to crimes of violence, diminution credits, and pretrial release. 12
32	32
33	33	BY repealing and reenacting, with amendments, 13
34	34	Article – Correctional Services 14
35	35	Section 3–702, 3–708, and 11–502 15
36	36	Annotated Code of Maryland 16
37	37	(2017 Replacement Volume and 2023 Supplement) 17
38	38	(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 18
39	39
40	40	BY repealing and reenacting, without amendments, 19
41	41	Article – Correctional Services 20
42	42	Section 3–707(a) 21
43	43	Annotated Code of Maryland 22
44	44	(2017 Replacement Volume and 2023 Supplement) 23
45	45	(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 24
46	46
47	47	BY adding to 25
48	48	Article – Correctional Services 26 2 SENATE BILL 44
49	49
50	50
51	51	Section 11–507.1 1
52	52	Annotated Code of Maryland 2
53	53	(2017 Replacement Volume and 2023 Supplement) 3
54	54
55	55	BY repealing and reenacting, with amendments, 4
56	56	Article – Criminal Procedure 5
57	57	Section 5–202 6
58	58	Annotated Code of Maryland 7
59	59	(2018 Replacement Volume and 2023 Supplement) 8
60	60
61	61	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62	62	That the Laws of Maryland read as follows: 10
63	63
64	64	Article – Correctional Services 11
65	65
66	66	3–702. 12
67	67
68	68	(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3–711 of this 13
69	69	subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the 14
70	70	custody of the Commissioner is entitled to a diminution of the incarcerated individuals’ 15
71	71	term of confinement as provided under this subtitle. 16
72	72
73	73	(b) An incarcerated individual who is serving a sentence for a violation of § 3–303 17
74	74	or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 18
75	75	years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or 19
76	76	§ 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, 20
77	77	involving a victim who is a child under the age of 16 years, is not entitled to a diminution 21
78	78	of the incarcerated individual’s term of confinement as provided under this subtitle. 22
79	79
80	80	(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 23
81	81	of the Criminal Law Article involving a victim who is a child under the age of 16 years is 24
82	82	not entitled to a diminution of the incarcerated individual’s term of confinement as provided 25
83	83	under this subtitle, if the incarcerated individual was previously convicted of a violation of 26
84	84	§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 27
85	85	years. 28
86	86
87	87	(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 29
88	88	VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE IS NOT 30
89	89	ENTITLED TO A DIMINU TION OF THE INCARCER ATED INDIVIDUAL ’S TERM OF 31
90	90	CONFINEMENT AS PROVI DED UNDER THIS SUBTITLE. 32
91	91
92	92	3–707. 33
93	93
94	94	(a) (1) Except as provided in paragraph (2) of this subsection, in addition to 34
95	95	any other deductions allowed under this subtitle, an incarcerated individual may be 35
96	96	allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement 36
97	97	for each calendar month during which the incarcerated individual manifests satisfactory 37 SENATE BILL 44 3
98	98
99	99
100	100	progress in those special selected work projects or other special programs, including 1
101	101	recidivism reduction programming, designated by the Commissioner and approved by the 2
102	102	Secretary. 3
103	103
104	104	(2) The deduction described in paragraph (1) of this subsection shall be 4
105	105	calculated at the rate of up to 10 days for each calendar month, if an incarcerated 5
106	106	individual’s term of confinement includes a consecutive or concurrent sentence for: 6
107	107
108	108	(i) a crime of violence, as defined in § 14–101 of the Criminal Law 7
109	109	Article; 8
110	110
111	111	(ii) a sexual offense for which registration is required under Title 11, 9
112	112	Subtitle 7 of the Criminal Procedure Article; or 10
113	113
114	114	(iii) a crime of manufacturing, distributing, dispensing, or possessing 11
115	115	a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law 12
116	116	Article. 13
117	117
118	118	3–708. 14
119	119
120	120	(A) Except as provided in § 3–706.1 of this subtitle, and notwithstanding any 15
121	121	other provision of this subtitle, an incarcerated individual may not be allowed a deduction 16
122	122	under this subtitle of more than: 17
123	123
124	124	(1) 20 days for a calendar month for an incarcerated individual described 18
125	125	in [§ 3–707(a)(2)] § 3–707(A)(2)(II) AND (III) of this subtitle; and 19
126	126
127	127	(2) 30 days for a calendar month for all other incarcerated individuals. 20
128	128
129	129	(B) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 21
130	130	CRIME OF VIOLENCE , AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY 22
131	131	NOT BE ALLOWED A DED UCTION UNDER THIS SU BTITLE THAT AMOUNTS TO A 23
132	132	NUMBER OF DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED 24
133	133	INDIVIDUAL’S AGGREGATE SENTENCE FOR CRIMES OF VIOLEN CE. 25
134	134
135	135	11–502. 26
136	136
137	137	(a) Except as provided in subsections (b) [and], (c), AND (D) of this section, an 27
138	138	incarcerated individual who has been sentenced to a term of imprisonment shall be allowed 28
139	139	deductions from the incarcerated individual’s term of confinement as provided under this 29
140	140	subtitle for any period of presentence or postsentence confinement in a local correctional 30
141	141	facility. 31
142	142
143	143	(b) (1) An incarcerated individual who is serving a sentence for a violation of 32
144	144	§ 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the 33
145	145	age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 34 4 SENATE BILL 44
146	146
147	147
148	148	3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, 1
149	149	involving a victim who is a child under the age of 16 years, may not be allowed deductions 2
150	150	from the incarcerated individual’s term of confinement as provided under this subtitle for 3
151	151	any period of presentence or postsentence confinement in a local correctional facility. 4
152	152
153	153	(2) This subsection may not be construed to require an incarcerated 5
154	154	individual to serve a longer sentence of confinement than is authorized by the statute under 6
155	155	which the incarcerated individual was convicted. 7
156	156
157	157	(c) (1) An incarcerated individual who is serving a sentence for a violation of 8
158	158	§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 9
159	159	years, who has previously been convicted of violating § 3–307 of the Criminal Law Article 10
160	160	involving a victim who is a child under the age of 16 years, may not be allowed deductions 11
161	161	from the incarcerated individual’s term of confinement as provided under this subtitle for 12
162	162	any period of presentence or postsentence confinement in a local correctional facility. 13
163	163
164	164	(2) This subsection may not be construed to require an incarcerated 14
165	165	individual to serve a longer sentence of confinement than is authorized by the statute under 15
166	166	which the incarcerated individual was convicted. 16
167	167
168	168	(D) (1) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE 17
169	169	FOR A VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE MAY NOT 18
170	170	BE ALLOWED DEDUCTION S FROM THE INCARCERA TED INDIVIDUAL ’S TERM OF 19
171	171	CONFINEMENT AS PROVI DED UNDER THIS SUBTI TLE FOR ANY PERIOD O F 20
172	172	PRESENTENCE OR POSTS ENTENCE CONFINEMENT IN A LOCAL CORRECTIO NAL 21
173	173	FACILITY. 22
174	174
175	175	(2) THIS SUBSECTION MAY N OT BE CONSTRUE D TO REQUIRE AN 23
176	176	INCARCERATED INDIVID UAL TO SERVE A LONGE R SENTENCE OF CONFIN EMENT 24
177	177	THAN IS AUTHORIZED B Y THE STATUTE UNDER WHICH THE INCARCERAT ED 25
178	178	INDIVIDUAL WAS CONVI CTED. 26
179	179
180	180	11–507.1. 27
181	181
182	182	AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A CRI ME 28
183	183	OF VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY NOT 29
184	184	BE ALLOWED A DEDUCTI ON UNDER THIS SUBTIT LE THAT AMOUNTS TO A NUMBER OF 30
185	185	DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED INDIVIDUAL’S 31
186	186	AGGREGATE SENTENCE F OR CRIMES OF VIOLENC E. 32
187	187
188	188	Article – Criminal Procedure 33
189	189
190	190	5–202. 34
191	191
192	192	(a) A District Court commissioner may not authorize pretrial release for a 35 SENATE BILL 44 5
193	193
194	194
195	195	defendant charged with escaping from a correctional facility or any other place of 1
196	196	confinement in the State. 2
197	197
198	198	(b) (1) A District Court commissioner may not authorize the pretrial release of 3
199	199	a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article. 4
200	200
201	201	(2) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 5
202	202	judge may authorize the pretrial release of a defendant charged as a drug kingpin on 6
203	203	suitable bail and on any other conditions that will reasonably ensure that the defendant 7
204	204	will not flee or pose a danger to another person or the community. 8
205	205
206	206	(3) There is a rebuttable presumption that, if released, a defendant charged 9
207	207	as a drug kingpin will flee and pose a danger to another person or the community. 10
208	208
209	209	(c) (1) A District Court commissioner may not authorize the pretrial release of 11
210	210	a defendant charged with a crime of violence if the defendant has been previously convicted: 12
211	211
212	212	(i) in this State of a crime of violence; 13
213	213
214	214	(ii) in any other jurisdiction of a crime that would be a crime of 14
215	215	violence if committed in this State; or 15
216	216
217	217	(iii) of an offense listed in subsection (f)(1) of this section. 16
218	218
219	219	(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 17
220	220	SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 18
221	221	(1) of this subsection on: 19
222	222
223	223	1. suitable bail; 20
224	224
225	225	2. any other conditions that will reasonably ensure that the 21
226	226	defendant will not flee or pose a danger to another person or the community; or 22
227	227
228	228	3. both bail and other conditions described under item 2 of 23
229	229	this subparagraph. 24
230	230
231	231	(ii) When a defendant described in paragraph (1) of this subsection 25
232	232	is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 26
233	233	detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 27
234	234	OR if the judge determines that neither suitable bail nor any condition or combination of 28
235	235	conditions will reasonably ensure that the defendant will not flee or pose a danger to 29
236	236	another person or the community before the trial. 30
237	237
238	238	(3) There is a rebuttable presumption that a defendant described in 31
239	239	paragraph (1) of this subsection will flee and pose a danger to another person or the 32
240	240	community. 33
241	241	6 SENATE BILL 44
242	242
243	243
244	244	(d) (1) A District Court commissioner may not authorize the pretrial release of 1
245	245	a defendant charged with committing one of the following crimes while the defendant was 2
246	246	released on bail or personal recognizance for a pending prior charge of committing one of 3
247	247	the following crimes: 4
248	248
249	249	(i) aiding, counseling, or procuring arson in the first degree under § 5
250	250	6–102 of the Criminal Law Article; 6
251	251
252	252	(ii) arson in the second degree or attempting, aiding, counseling, or 7
253	253	procuring arson in the second degree under § 6–103 of the Criminal Law Article; 8
254	254
255	255	(iii) burglary in the first degree under § 6–202 of the Criminal Law 9
256	256	Article; 10
257	257
258	258	(iv) burglary in the second degree under § 6–203 of the Criminal Law 11
259	259	Article; 12
260	260
261	261	(v) burglary in the third degree under § 6–204 of the Criminal Law 13
262	262	Article; 14
263	263
264	264	(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 15
265	265	Law Article; 16
266	266
267	267	(vii) a crime that relates to a destructive device under § 4–503 of the 17
268	268	Criminal Law Article; 18
269	269
270	270	(viii) a crime that relates to a controlled dangerous substance under 19
271	271	§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 20
272	272
273	273	(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 21
274	274	Law Article; and 22
275	275
276	276	(x) a crime of violence. 23
277	277
278	278	(2) A defendant under this subsection remains ineligible to give bail or be 24
279	279	released on recognizance on the subsequent charge until all prior charges have finally been 25
280	280	determined by the courts. 26
281	281
282	282	(3) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 27
283	283	judge may authorize the pretrial release of a defendant described in paragraph (1) of this 28
284	284	subsection on suitable bail and on any other conditions that will reasonably ensure that the 29
285	285	defendant will not flee or pose a danger to another person or the community. 30
286	286
287	287	(4) There is a rebuttable presumption that a defendant described in 31
288	288	paragraph (1) of this subsection will flee and pose a danger to another person or the 32
289	289	community if released before final determination of the prior charge. 33
290	290	SENATE BILL 44 7
291	291
292	292
293	293	(e) (1) A District Court commissioner may not authorize the pretrial release of 1
294	294	a defendant charged with violating: 2
295	295
296	296	(i) the provisions of a temporary protective order described in § 3
297	297	4–505(a)(2)(i) of the Family Law Article or the provisions of a protective order described in 4
298	298	§ 4–506(d)(1) of the Family Law Article that order the defendant to refrain from abusing or 5
299	299	threatening to abuse a person eligible for relief; or 6
300	300
301	301	(ii) the provisions of an order for protection, as defined in § 4–508.1 7
302	302	of the Family Law Article, issued by a court of another state or of a Native American tribe 8
303	303	that order the defendant to refrain from abusing or threatening to abuse a person eligible 9
304	304	for relief, if the order is enforceable under § 4–508.1 of the Family Law Article. 10
305	305
306	306	(2) [A] EXCEPT AS PROVIDED IN SUBSECTIO N (H) OF THIS SECTION, A 11
307	307	judge may allow the pretrial release of a defendant described in paragraph (1) of this 12
308	308	subsection on: 13
309	309
310	310	(i) suitable bail; 14
311	311
312	312	(ii) any other conditions that will reasonably ensure that the 15
313	313	defendant will not flee or pose a danger to another person or the community; or 16
314	314
315	315	(iii) both bail and other conditions described under item (ii) of this 17
316	316	paragraph. 18
317	317
318	318	(3) When a defendant described in paragraph (1) of this subsection is 19
319	319	presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 20
320	320	detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 21
321	321	OR if the judge determines that neither suitable bail nor any condition or combination of 22
322	322	conditions will reasonably ensure that the defendant will not flee or pose a danger to 23
323	323	another person or the community before the trial. 24
324	324
325	325	(f) (1) A District Court commissioner may not authorize the pretrial release of 25
326	326	a defendant charged with one of the following crimes if the defendant has previously been 26
327	327	convicted of a crime of violence or one of the following crimes: 27
328	328
329	329	(i) wearing, carrying, or transporting a handgun under § 4–203 of 28
330	330	the Criminal Law Article; 29
331	331
332	332	(ii) use of a handgun or an antique firearm in commission of a crime 30
333	333	under § 4–204 of the Criminal Law Article; 31
334	334
335	335	(iii) violating prohibitions relating to assault weapons under § 4–303 32
336	336	of the Criminal Law Article; 33
337	337
338	338	(iv) use of a machine gun in a crime of violence under § 4–404 of the 34
339	339	Criminal Law Article; 35 8 SENATE BILL 44
340	340
341	341
342	342
343	343	(v) use of a machine gun for an aggressive purpose under § 4–405 of 1
344	344	the Criminal Law Article; 2
345	345
346	346	(vi) use of a weapon as a separate crime under § 5–621 of the 3
347	347	Criminal Law Article; 4
348	348
349	349	(vii) possession of a regulated firearm under § 5–133 of the Public 5
350	350	Safety Article; 6
351	351
352	352	(viii) transporting a regulated firearm for unlawful sale or trafficking 7
353	353	under § 5–140 of the Public Safety Article; or 8
354	354
355	355	(ix) possession of a rifle or shotgun by a person with a mental 9
356	356	disorder under § 5–205 of the Public Safety Article. 10
357	357
358	358	(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 11
359	359	SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 12
360	360	(1) of this subsection on: 13
361	361
362	362	1. suitable bail; 14
363	363
364	364	2. any other conditions that will reasonably ensure that the 15
365	365	defendant will not flee or pose a danger to another person or the community; or 16
366	366
367	367	3. both bail and other conditions described under item 2 of 17
368	368	this subparagraph. 18
369	369
370	370	(ii) When a defendant described in paragraph (1) of this subsection 19
371	371	is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 20
372	372	detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 21
373	373	OR if the judge determines that neither suitable bail nor any condition or combination of 22
374	374	conditions will reasonably ensure that the defendant will not flee or pose a danger to 23
375	375	another person or the community before the trial. 24
376	376
377	377	(3) There is a rebuttable presumption that a defendant described in 25
378	378	paragraph (1) of this subsection will flee and pose a danger to another person or the 26
379	379	community. 27
380	380
381	381	(g) (1) A District Court commissioner may not authorize the pretrial release of 28
382	382	a defendant who: 29
383	383
384	384	(i) is registered, or the commissioner knows is required to register, 30
385	385	under Title 11, Subtitle 7 of this article; or 31
386	386
387	387	(ii) is a sex offender who is required to register by another 32
388	388	jurisdiction, a federal, military, or tribal court, or a foreign government. 33 SENATE BILL 44 9
389	389
390	390
391	391
392	392	(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 1
393	393	SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 2
394	394	(1) of this subsection on: 3
395	395
396	396	1. suitable bail; 4
397	397
398	398	2. any other conditions that will reasonably ensure that the 5
399	399	defendant will not flee or pose a danger to another person or the community; or 6
400	400
401	401	3. both bail and other conditions described under item 2 of 7
402	402	this subparagraph. 8
403	403
404	404	(ii) When a defendant described in paragraph (1) of this subsection 9
405	405	is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 10
406	406	detention of the defendant IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION 11
407	407	OR if the judge determines that neither suitable bail nor any condition or combination of 12
408	408	conditions will reasonably ensure that the defendant will not flee or pose a danger to 13
409	409	another person or the community before the trial. 14
410	410
411	411	(3) There is a rebuttable presumption that a defendant described in 15
412	412	paragraph (1) of this subsection will flee and pose a danger to another person or the 16
413	413	community. 17
414	414
415	415	(H) A JUDICIAL OFFICER MAY NOT AUTHORIZE THE PR ETRIAL RELEASE OF 18
416	416	A DEFENDANT WHO IS C HARGED WITH A CRIME OF VIOLENCE IF THE D EFENDANT: 19
417	417
418	418	(1) HAS A PENDING CHARGE FOR: 20
419	419
420	420	(I) A CRIME OF VIOLENCE IN THE STATE; OR 21
421	421
422	422	(II) A CRIME IN ANY OTHER JURISDICTION THA T WOULD BE A 22
423	423	CRIME OF VIOLENCE IF COMMITTED IN THE STATE; OR 23
424	424
425	425	(2) WAS CONVICTED WITHIN THE PREVIOUS 10 YEARS: 24
426	426
427	427	(I) IN THE STATE OF A CRIME OF V IOLENCE; OR 25
428	428
429	429	(II) IN ANY OTHER JURISDI CTION OF A CRIME THA T WOULD BE 26
430	430	A CRIME OF VIOLENCE IF COMMITTED IN THE STATE. 27
431	431
432	432	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
433	433	apply only prospectively and may not be applied or interpreted to have any effect on or 29
434	434	application to any offense committed before the effective date of this Act. 30
435	435	10 SENATE BILL 44
436	436
437	437
438	438	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
439	439	October 1, 2024. 2