| 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 | - | 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 | 5 | *sb0728* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 728 | |
| 11 | 8 | E5 4lr2485 | |
| 12 | 9 | CF HB 531 | |
| 13 | 10 | By: Senator Carter | |
| 14 | 11 | Introduced and read first time: January 31, 2024 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 24, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Correctional Services – Parole Supervision Fees and Drug and Alcohol Abuse 2 | |
| 25 | 19 | Test Payment – Repeal 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of repealing the requirement for the Maryland Parole Commission to 4 | |
| 28 | 22 | assess a fee against an individual on parole and supervised by the Division of Parole 5 | |
| 29 | 23 | and Probation under certain circumstances; repealing authorization for the Division 6 | |
| 30 | 24 | of Parole and Probation to require a supervisee of the Division who is on parole to 7 | |
| 31 | 25 | pay for certain drug or alcohol abuse testing under certain circumstances; and 8 | |
| 32 | 26 | generally relating to parole supervision fees and drug and alcohol abuse test 9 | |
| 33 | 27 | payment. 10 | |
| 34 | 28 | ||
| 35 | 29 | BY repealing 11 | |
| 36 | 30 | Article – Correctional Services 12 | |
| 37 | 31 | Section 7–702 13 | |
| 38 | 32 | Annotated Code of Maryland 14 | |
| 39 | 33 | (2017 Replacement Volume and 2023 Supplement) 15 | |
| 40 | 34 | ||
| 41 | 35 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 42 | 36 | That the Laws of Maryland read as follows: 17 | |
| 43 | 37 | ||
| 44 | 38 | Article – Correctional Services 18 | |
| 45 | 39 | ||
| 46 | 40 | [7–702. 19 | |
| 47 | - | 2 SENATE BILL 728 | |
| 48 | 41 | ||
| 42 | + | (a) In this section, “supervisee” means an individual supervised by the Division 20 | |
| 43 | + | of Parole and Probation for the Commission. 21 | |
| 49 | 44 | ||
| 50 | - | (a) In this section, “supervisee” means an individual supervised by the Division 1 | |
| 51 | - | of Parole and Probation for the Commission. 2 | |
| 52 | - | ||
| 53 | - | (b) Unless a supervisee is exempted by the Commission under subsection (d) of 3 | |
| 54 | - | this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 4 | |
| 55 | - | for each supervisee. 5 | |
| 56 | - | ||
| 57 | - | (c) (1) The fee assessed under subsection (b) of this section shall be paid to the 6 | |
| 58 | - | Division of Parole and Probation. 7 | |
| 59 | - | ||
| 60 | - | (2) The Division of Parole and Probation shall pay all money collected 8 | |
| 61 | - | under this section into the General Fund of the State. 9 | |
| 62 | - | ||
| 63 | - | (d) The Commission may exempt a supervisee wholly or partly from the fee 10 | |
| 64 | - | assessed under subsection (b) of this section if: 11 | |
| 65 | - | ||
| 66 | - | (1) the supervisee has diligently attempted but has been unable to obtain 12 | |
| 67 | - | employment that provides sufficient income for the supervisee to pay the fee; 13 | |
| 68 | - | ||
| 69 | - | (2) (i) the supervisee is a student in a school, college, or university or is 14 | |
| 70 | - | enrolled in a course of vocational or technical training designed to prepare the supervisee 15 | |
| 71 | - | for gainful employment; and 16 | |
| 72 | - | ||
| 73 | - | (ii) the institution in which the supervisee is enrolled supplies 17 | |
| 74 | - | certification of student status to the Commission; 18 | |
| 75 | - | ||
| 76 | - | (3) the supervisee has a disability that limits possible employment, as 19 | |
| 77 | - | determined by a physical or psychological examination that the Commission accepts or 20 | |
| 78 | - | orders; 21 | |
| 79 | - | ||
| 80 | - | (4) the supervisee is responsible for the support of dependents and the 22 | |
| 81 | - | payment of the fee constitutes an undue hardship on the supervisee; or 23 | |
| 82 | - | ||
| 83 | - | (5) other extenuating circumstances exist. 24 | |
| 84 | - | ||
| 85 | - | (e) The fee assessed under subsection (b) of this section is in addition to court 25 | |
| 86 | - | costs and fines. 26 | |
| 87 | - | ||
| 88 | - | (f) (1) If a supervisee does not comply with the fee requirement: 27 | |
| 89 | - | ||
| 90 | - | (i) the Division of Parole and Probation shall notify the Commission; 28 | |
| 91 | - | and 29 | |
| 92 | - | ||
| 93 | - | (ii) the Commission may revoke parole or mandatory supervision. 30 | |
| 94 | - | ||
| 95 | - | (2) The Commission shall conduct a hearing to determine if there are 31 | |
| 96 | - | sufficient grounds to find the supervisee in violation of the fee requirement. 32 SENATE BILL 728 3 | |
| 45 | + | (b) Unless a supervisee is exempted by the Commission under subsection (d) of 22 | |
| 46 | + | this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 23 | |
| 47 | + | for each supervisee. 24 2 SENATE BILL 728 | |
| 97 | 48 | ||
| 98 | 49 | ||
| 99 | 50 | ||
| 100 | - | (3) At a hearing under this subsection, the Commission may consider: 1 | |
| 51 | + | (c) (1) The fee assessed under subsection (b) of this section shall be paid to the 1 | |
| 52 | + | Division of Parole and Probation. 2 | |
| 101 | 53 | ||
| 102 | - | (i) any material change in the supervisee’s financial status; 2 | |
| 54 | + | (2) The Division of Parole and Probation shall pay all money collected 3 | |
| 55 | + | under this section into the General Fund of the State. 4 | |
| 103 | 56 | ||
| 104 | - | (ii) good faith efforts of the supervisee to pay the fee; and 3 | |
| 57 | + | (d) The Commission may exempt a sup ervisee wholly or partly from the fee 5 | |
| 58 | + | assessed under subsection (b) of this section if: 6 | |
| 105 | 59 | ||
| 106 | - | ( | |
| 107 | - | ||
| 60 | + | (1) the supervisee has diligently attempted but has been unable to obtain 7 | |
| 61 | + | employment that provides sufficient income for the supervisee to pay the fee; 8 | |
| 108 | 62 | ||
| 109 | - | ( | |
| 110 | - | ||
| 111 | - | ||
| 63 | + | (2) (i) the supervisee is a student in a school, college, or university or is 9 | |
| 64 | + | enrolled in a course of vocational or technical training designed to prepare the supervisee 10 | |
| 65 | + | for gainful employment; and 11 | |
| 112 | 66 | ||
| 113 | - | (2) If a supervisee fails to pay for drug or alcohol abuse testing as required 9 | |
| 114 | - | by the Division of Parole and Probation, the Commission may revoke parole or mandatory 10 | |
| 115 | - | supervision. 11 | |
| 67 | + | (ii) the institution in which the supervisee is enrolled supplies 12 | |
| 68 | + | certification of student status to the Commission; 13 | |
| 116 | 69 | ||
| 117 | - | (3) | |
| 118 | - | ||
| 119 | - | ||
| 70 | + | (3) the supervisee has a disability that limits possible employment, as 14 | |
| 71 | + | determined by a physical or psychological examination that the Commission accepts or 15 | |
| 72 | + | orders; 16 | |
| 120 | 73 | ||
| 121 | - | (h) The Division of Parole and Probation shall: 15 | |
| 74 | + | (4) the supervisee is responsible for the support of dependents and the 17 | |
| 75 | + | payment of the fee constitutes an undue hardship on the supervisee; or 18 | |
| 122 | 76 | ||
| 123 | - | ( | |
| 77 | + | (5) other extenuating circumstances exist. 19 | |
| 124 | 78 | ||
| 125 | - | ( | |
| 126 | - | ||
| 79 | + | (e) The fee assessed under subsection (b) of this section is in addition to court 20 | |
| 80 | + | costs and fines. 21 | |
| 127 | 81 | ||
| 128 | - | (3) investigate requests for an exemption from payment if the Commission 19 | |
| 129 | - | requests an investigation. 20 | |
| 82 | + | (f) (1) If a supervisee does not comply with the fee requirement: 22 | |
| 130 | 83 | ||
| 131 | - | (i) The Division of Parole and Probation shall: 21 | |
| 84 | + | (i) the Division of Parole and Probation shall notify the Commission; 23 | |
| 85 | + | and 24 | |
| 132 | 86 | ||
| 133 | - | ( | |
| 87 | + | (ii) the Commission may revoke parole or mandatory supervision. 25 | |
| 134 | 88 | ||
| 135 | - | (2) report delinquencies to the Commission. 23 | |
| 89 | + | (2) The Commission shall conduct a hearing to determine if there are 26 | |
| 90 | + | sufficient grounds to find the supervisee in violation of the fee requirement. 27 | |
| 136 | 91 | ||
| 137 | - | (j) On release of a supervisee, the Department and the appropriate local 24 | |
| 138 | - | detention center shall provide the supervisee with an oral and a written notice that: 25 | |
| 92 | + | (3) At a hearing under this subsection, the Commission may consider: 28 | |
| 139 | 93 | ||
| 140 | - | (1) states the criteria listed in subsection (d) of this section that the 26 | |
| 141 | - | Commission may use in determining whether to exempt a supervisee from the supervision 27 | |
| 142 | - | fee assessed under subsection (b) of this section; and 28 | |
| 94 | + | (i) any material change in the supervisee’s financial status; 29 | |
| 143 | 95 | ||
| 144 | - | (2) explains the process of applying for an exemption from the supervision 29 | |
| 145 | - | fee.] 30 4 SENATE BILL 728 | |
| 96 | + | (ii) good faith efforts of the supervisee to pay the fee; and 30 SENATE BILL 728 3 | |
| 146 | 97 | ||
| 147 | 98 | ||
| 148 | 99 | ||
| 149 | - | | |
| 150 | - | ||
| 100 | + | (iii) alternative means to assure payment of the fee before the period 1 | |
| 101 | + | of supervision ends. 2 | |
| 151 | 102 | ||
| 103 | + | (g) (1) In addition to the fee assessed under subsection (b) of this section, the 3 | |
| 104 | + | Division of Parole and Probation may require a supervisee to pay for drug or alcohol abuse 4 | |
| 105 | + | testing that the Commission orders. 5 | |
| 152 | 106 | ||
| 107 | + | (2) If a supervisee fails to pay for drug or alcohol abuse testing as required 6 | |
| 108 | + | by the Division of Parole and Probation, the Commission may revoke parole or mandatory 7 | |
| 109 | + | supervision. 8 | |
| 153 | 110 | ||
| 111 | + | (3) If the Division of Parole and Probation determines that any of the 9 | |
| 112 | + | criteria specified in subsection (d) of this section are applicable, the Division may exempt a 10 | |
| 113 | + | supervisee wholly or partly from a payment for drug or alcohol abuse testing. 11 | |
| 154 | 114 | ||
| 155 | - | Approved: | |
| 156 | - | ________________________________________________________________________________ | |
| 157 | - | Governor. | |
| 158 | - | ________________________________________________________________________________ | |
| 159 | - | President of the Senate. | |
| 160 | - | ________________________________________________________________________________ | |
| 161 | - | Speaker of the House of Delegates. | |
| 115 | + | (h) The Division of Parole and Probation shall: 12 | |
| 116 | + | ||
| 117 | + | (1) adopt guidelines for collecting the supervision fee; 13 | |
| 118 | + | ||
| 119 | + | (2) adopt guidelines for collecting the cost of drug and alcohol abuse 14 | |
| 120 | + | testing; and 15 | |
| 121 | + | ||
| 122 | + | (3) investigate requests for an exemption from payment if the Commission 16 | |
| 123 | + | requests an investigation. 17 | |
| 124 | + | ||
| 125 | + | (i) The Division of Parole and Probation shall: 18 | |
| 126 | + | ||
| 127 | + | (1) keep records of all payments by each supervisee; and 19 | |
| 128 | + | ||
| 129 | + | (2) report delinquencies to the Commission. 20 | |
| 130 | + | ||
| 131 | + | (j) On release of a supervisee, the Department and the appropriate local 21 | |
| 132 | + | detention center shall provide the supervisee with an oral and a written notice that: 22 | |
| 133 | + | ||
| 134 | + | (1) states the criteria listed in subsection (d) of this section that the 23 | |
| 135 | + | Commission may use in determining whether to exempt a supervisee from the supervision 24 | |
| 136 | + | fee assessed under subsection (b) of this section; and 25 | |
| 137 | + | ||
| 138 | + | (2) explains the process of applying for an exemption from the supervision 26 | |
| 139 | + | fee.] 27 | |
| 140 | + | ||
| 141 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 28 | |
| 142 | + | October 1, 2024. 29 | |
| 143 | + |