EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 44
E2 4lr1348
(PRE–FILED) CF 4lr1288
By: Senators Folden, Bailey, Carozza, Corderman, Gallion, Hershey, Jennings,
Mautz, McKay, Ready, Salling, Simonaire, and West
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Safe Communities Act of 2024 2
FOR the purpose of prohibiting the earning of diminution credits to reduce the term of 3
confinement of an incarcerated individual who is serving a sentence for murder in 4
the first degree or murder in the second degree in a State or local correctional facility; 5
prohibiting a deduction of diminution credits of more than a certain percentage of an 6
incarcerated individual’s aggregate sentence for crimes of violence for an 7
incarcerated individual who is serving a sentence for a crime of violence; prohibiting 8
a judicial officer from authorizing the pretrial release of a defendant who is charged 9
with a crime of violence if the defendant has a pending charge for a certain crime or 10
was previously convicted within a certain number of years of a certain crime; and 11
generally relating to crimes of violence, diminution credits, and pretrial release. 12
BY repealing and reenacting, with amendments, 13
Article – Correctional Services 14
Section 3–702, 3–708, and 11–502 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2023 Supplement) 17
(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 18
BY repealing and reenacting, without amendments, 19
Article – Correctional Services 20
Section 3–707(a) 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2023 Supplement) 23
(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 24
BY adding to 25
Article – Correctional Services 26 2 SENATE BILL 44
Section 11–507.1 1
Annotated Code of Maryland 2
(2017 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Criminal Procedure 5
Section 5–202 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Correctional Services 11
3–702. 12
(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3–711 of this 13
subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the 14
custody of the Commissioner is entitled to a diminution of the incarcerated individuals’ 15
term of confinement as provided under this subtitle. 16
(b) An incarcerated individual who is serving a sentence for a violation of § 3–303 17
or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 18
years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or 19
§ 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, 20
involving a victim who is a child under the age of 16 years, is not entitled to a diminution 21
of the incarcerated individual’s term of confinement as provided under this subtitle. 22
(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 23
of the Criminal Law Article involving a victim who is a child under the age of 16 years is 24
not entitled to a diminution of the incarcerated individual’s term of confinement as provided 25
under this subtitle, if the incarcerated individual was previously convicted of a violation of 26
§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 27
years. 28
(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 29
VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE IS NOT 30
ENTITLED TO A DIMINU TION OF THE INCARCER ATED INDIVIDUAL ’S TERM OF 31
CONFINEMENT AS PROVI DED UNDER THIS SUBTITLE. 32
3–707. 33
(a) (1) Except as provided in paragraph (2) of this subsection, in addition to 34
any other deductions allowed under this subtitle, an incarcerated individual may be 35
allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement 36
for each calendar month during which the incarcerated individual manifests satisfactory 37 SENATE BILL 44 3
progress in those special selected work projects or other special programs, including 1
recidivism reduction programming, designated by the Commissioner and approved by the 2
Secretary. 3
(2) The deduction described in paragraph (1) of this subsection shall be 4
calculated at the rate of up to 10 days for each calendar month, if an incarcerated 5
individual’s term of confinement includes a consecutive or concurrent sentence for: 6
(i) a crime of violence, as defined in § 14–101 of the Criminal Law 7
Article; 8
(ii) a sexual offense for which registration is required under Title 11, 9
Subtitle 7 of the Criminal Procedure Article; or 10
(iii) a crime of manufacturing, distributing, dispensing, or possessing 11
a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law 12
Article. 13
3–708. 14
(A) Except as provided in § 3–706.1 of this subtitle, and notwithstanding any 15
other provision of this subtitle, an incarcerated individual may not be allowed a deduction 16
under this subtitle of more than: 17
(1) 20 days for a calendar month for an incarcerated individual described 18
in [§ 3–707(a)(2)] § 3–707(A)(2)(II) AND (III) of this subtitle; and 19
(2) 30 days for a calendar month for all other incarcerated individuals. 20
(B) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 21
CRIME OF VIOLENCE , AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY 22
NOT BE ALLOWED A DED UCTION UNDER THIS SU BTITLE THAT AMOUNTS TO A 23
NUMBER OF DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED 24
INDIVIDUAL’S AGGREGATE SENTENCE FOR CRIMES OF VIOLEN CE. 25
11–502. 26
(a) Except as provided in subsections (b) [and], (c), AND (D) of this section, an 27
incarcerated individual who has been sentenced to a term of imprisonment shall be allowed 28
deductions from the incarcerated individual’s term of confinement as provided under this 29
subtitle for any period of presentence or postsentence confinement in a local correctional 30
facility. 31
(b) (1) An incarcerated individual who is serving a sentence for a violation of 32
§ 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the 33
age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 34 4 SENATE BILL 44
3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, 1
involving a victim who is a child under the age of 16 years, may not be allowed deductions 2
from the incarcerated individual’s term of confinement as provided under this subtitle for 3
any period of presentence or postsentence confinement in a local correctional facility. 4
(2) This subsection may not be construed to require an incarcerated 5
individual to serve a longer sentence of confinement than is authorized by the statute under 6
which the incarcerated individual was convicted. 7
(c) (1) An incarcerated individual who is serving a sentence for a violation of 8
§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 9
years, who has previously been convicted of violating § 3–307 of the Criminal Law Article 10
involving a victim who is a child under the age of 16 years, may not be allowed deductions 11
from the incarcerated individual’s term of confinement as provided under this subtitle for 12
any period of presentence or postsentence confinement in a local correctional facility. 13
(2) This subsection may not be construed to require an incarcerated 14
individual to serve a longer sentence of confinement than is authorized by the statute under 15
which the incarcerated individual was convicted. 16
(D) (1) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE 17
FOR A VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE MAY NOT 18
BE ALLOWED DEDUCTION S FROM THE INCARCERA TED INDIVIDUAL ’S TERM OF 19
CONFINEMENT AS PROVI DED UNDER THIS SUBTI TLE FOR ANY PERIOD O F 20
PRESENTENCE OR POSTS ENTENCE CONFINEMENT IN A LOCAL CORRECTIO NAL 21
FACILITY. 22
(2) THIS SUBSECTION MAY N OT BE CONSTRUE D TO REQUIRE AN 23
INCARCERATED INDIVID UAL TO SERVE A LONGE R SENTENCE OF CONFIN EMENT 24
THAN IS AUTHORIZED B Y THE STATUTE UNDER WHICH THE INCARCERAT ED 25
INDIVIDUAL WAS CONVI CTED. 26
11–507.1. 27
AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A CRI ME 28
OF VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY NOT 29
BE ALLOWED A DEDUCTI ON UNDER THIS SUBTIT LE THAT AMOUNTS TO A NUMBER OF 30
DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED INDIVIDUAL’S 31
AGGREGATE SENTENCE F OR CRIMES OF VIOLENC E. 32
Article – Criminal Procedure 33
5–202. 34
(a) A District Court commissioner may not authorize pretrial release for a 35 SENATE BILL 44 5
defendant charged with escaping from a correctional facility or any other place of 1
confinement in the State. 2
(b) (1) A District Court commissioner may not authorize the pretrial release of 3
a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article. 4
(2) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 5
judge may authorize the pretrial release of a defendant charged as a drug kingpin on 6
suitable bail and on any other conditions that will reasonably ensure that the defendant 7
will not flee or pose a danger to another person or the community. 8
(3) There is a rebuttable presumption that, if released, a defendant charged 9
as a drug kingpin will flee and pose a danger to another person or the community. 10
(c) (1) A District Court commissioner may not authorize the pretrial release of 11
a defendant charged with a crime of violence if the defendant has been previously convicted: 12
(i) in this State of a crime of violence; 13
(ii) in any other jurisdiction of a crime that would be a crime of 14
violence if committed in this State; or 15
(iii) of an offense listed in subsection (f)(1) of this section. 16
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 17
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 18
(1) of this subsection on: 19
1. suitable bail; 20
2. any other conditions that will reasonably ensure that the 21
defendant will not flee or pose a danger to another person or the community; or 22
3. both bail and other conditions described under item 2 of 23
this subparagraph. 24
(ii) When a defendant described in paragraph (1) of this subsection 25
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 26
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 27
OR if the judge determines that neither suitable bail nor any condition or combination of 28
conditions will reasonably ensure that the defendant will not flee or pose a danger to 29
another person or the community before the trial. 30
(3) There is a rebuttable presumption that a defendant described in 31
paragraph (1) of this subsection will flee and pose a danger to another person or the 32
community. 33
6 SENATE BILL 44
(d) (1) A District Court commissioner may not authorize the pretrial release of 1
a defendant charged with committing one of the following crimes while the defendant was 2
released on bail or personal recognizance for a pending prior charge of committing one of 3
the following crimes: 4
(i) aiding, counseling, or procuring arson in the first degree under § 5
6–102 of the Criminal Law Article; 6
(ii) arson in the second degree or attempting, aiding, counseling, or 7
procuring arson in the second degree under § 6–103 of the Criminal Law Article; 8
(iii) burglary in the first degree under § 6–202 of the Criminal Law 9
Article; 10
(iv) burglary in the second degree under § 6–203 of the Criminal Law 11
Article; 12
(v) burglary in the third degree under § 6–204 of the Criminal Law 13
Article; 14
(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 15
Law Article; 16
(vii) a crime that relates to a destructive device under § 4–503 of the 17
Criminal Law Article; 18
(viii) a crime that relates to a controlled dangerous substance under 19
§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 20
(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 21
Law Article; and 22
(x) a crime of violence. 23
(2) A defendant under this subsection remains ineligible to give bail or be 24
released on recognizance on the subsequent charge until all prior charges have finally been 25
determined by the courts. 26
(3) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 27
judge may authorize the pretrial release of a defendant described in paragraph (1) of this 28
subsection on suitable bail and on any other conditions that will reasonably ensure that the 29
defendant will not flee or pose a danger to another person or the community. 30
(4) There is a rebuttable presumption that a defendant described in 31
paragraph (1) of this subsection will flee and pose a danger to another person or the 32
community if released before final determination of the prior charge. 33
SENATE BILL 44 7
(e) (1) A District Court commissioner may not authorize the pretrial release of 1
a defendant charged with violating: 2
(i) the provisions of a temporary protective order described in § 3
4–505(a)(2)(i) of the Family Law Article or the provisions of a protective order described in 4
§ 4–506(d)(1) of the Family Law Article that order the defendant to refrain from abusing or 5
threatening to abuse a person eligible for relief; or 6
(ii) the provisions of an order for protection, as defined in § 4–508.1 7
of the Family Law Article, issued by a court of another state or of a Native American tribe 8
that order the defendant to refrain from abusing or threatening to abuse a person eligible 9
for relief, if the order is enforceable under § 4–508.1 of the Family Law Article. 10
(2) [A] EXCEPT AS PROVIDED IN SUBSECTIO N (H) OF THIS SECTION, A 11
judge may allow the pretrial release of a defendant described in paragraph (1) of this 12
subsection on: 13
(i) suitable bail; 14
(ii) any other conditions that will reasonably ensure that the 15
defendant will not flee or pose a danger to another person or the community; or 16
(iii) both bail and other conditions described under item (ii) of this 17
paragraph. 18
(3) When a defendant described in paragraph (1) of this subsection is 19
presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 20
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 21
OR if the judge determines that neither suitable bail nor any condition or combination of 22
conditions will reasonably ensure that the defendant will not flee or pose a danger to 23
another person or the community before the trial. 24
(f) (1) A District Court commissioner may not authorize the pretrial release of 25
a defendant charged with one of the following crimes if the defendant has previously been 26
convicted of a crime of violence or one of the following crimes: 27
(i) wearing, carrying, or transporting a handgun under § 4–203 of 28
the Criminal Law Article; 29
(ii) use of a handgun or an antique firearm in commission of a crime 30
under § 4–204 of the Criminal Law Article; 31
(iii) violating prohibitions relating to assault weapons under § 4–303 32
of the Criminal Law Article; 33
(iv) use of a machine gun in a crime of violence under § 4–404 of the 34
Criminal Law Article; 35 8 SENATE BILL 44
(v) use of a machine gun for an aggressive purpose under § 4–405 of 1
the Criminal Law Article; 2
(vi) use of a weapon as a separate crime under § 5–621 of the 3
Criminal Law Article; 4
(vii) possession of a regulated firearm under § 5–133 of the Public 5
Safety Article; 6
(viii) transporting a regulated firearm for unlawful sale or trafficking 7
under § 5–140 of the Public Safety Article; or 8
(ix) possession of a rifle or shotgun by a person with a mental 9
disorder under § 5–205 of the Public Safety Article. 10
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 11
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 12
(1) of this subsection on: 13
1. suitable bail; 14
2. any other conditions that will reasonably ensure that the 15
defendant will not flee or pose a danger to another person or the community; or 16
3. both bail and other conditions described under item 2 of 17
this subparagraph. 18
(ii) When a defendant described in paragraph (1) of this subsection 19
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 20
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 21
OR if the judge determines that neither suitable bail nor any condition or combination of 22
conditions will reasonably ensure that the defendant will not flee or pose a danger to 23
another person or the community before the trial. 24
(3) There is a rebuttable presumption that a defendant described in 25
paragraph (1) of this subsection will flee and pose a danger to another person or the 26
community. 27
(g) (1) A District Court commissioner may not authorize the pretrial release of 28
a defendant who: 29
(i) is registered, or the commissioner knows is required to register, 30
under Title 11, Subtitle 7 of this article; or 31
(ii) is a sex offender who is required to register by another 32
jurisdiction, a federal, military, or tribal court, or a foreign government. 33 SENATE BILL 44 9
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 1
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 2
(1) of this subsection on: 3
1. suitable bail; 4
2. any other conditions that will reasonably ensure that the 5
defendant will not flee or pose a danger to another person or the community; or 6
3. both bail and other conditions described under item 2 of 7
this subparagraph. 8
(ii) When a defendant described in paragraph (1) of this subsection 9
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 10
detention of the defendant IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION 11
OR if the judge determines that neither suitable bail nor any condition or combination of 12
conditions will reasonably ensure that the defendant will not flee or pose a danger to 13
another person or the community before the trial. 14
(3) There is a rebuttable presumption that a defendant described in 15
paragraph (1) of this subsection will flee and pose a danger to another person or the 16
community. 17
(H) A JUDICIAL OFFICER MAY NOT AUTHORIZE THE PR ETRIAL RELEASE OF 18
A DEFENDANT WHO IS C HARGED WITH A CRIME OF VIOLENCE IF THE D EFENDANT: 19
(1) HAS A PENDING CHARGE FOR: 20
(I) A CRIME OF VIOLENCE IN THE STATE; OR 21
(II) A CRIME IN ANY OTHER JURISDICTION THA T WOULD BE A 22
CRIME OF VIOLENCE IF COMMITTED IN THE STATE; OR 23
(2) WAS CONVICTED WITHIN THE PREVIOUS 10 YEARS: 24
(I) IN THE STATE OF A CRIME OF V IOLENCE; OR 25
(II) IN ANY OTHER JURISDI CTION OF A CRIME THA T WOULD BE 26
A CRIME OF VIOLENCE IF COMMITTED IN THE STATE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
apply only prospectively and may not be applied or interpreted to have any effect on or 29
application to any offense committed before the effective date of this Act. 30
10 SENATE BILL 44
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2