EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0728*
SENATE BILL 728
E5 4lr2485
CF HB 531
By: Senator Carter
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 24, 2024
CHAPTER ______
AN ACT concerning 1
Correctional Services – Parole Supervision Fees and Drug and Alcohol Abuse 2
Test Payment – Repeal 3
FOR the purpose of repealing the requirement for the Maryland Parole Commission to 4
assess a fee against an individual on parole and supervised by the Division of Parole 5
and Probation under certain circumstances; repealing authorization for the Division 6
of Parole and Probation to require a supervisee of the Division who is on parole to 7
pay for certain drug or alcohol abuse testing under certain circumstances; and 8
generally relating to parole supervision fees and drug and alcohol abuse test 9
payment. 10
BY repealing 11
Article – Correctional Services 12
Section 7–702 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Correctional Services 18
[7–702. 19
2 SENATE BILL 728
(a) In this section, “supervisee” means an individual supervised by the Division 1
of Parole and Probation for the Commission. 2
(b) Unless a supervisee is exempted by the Commission under subsection (d) of 3
this section, the Commission shall assess a monthly fee of $50 as a condition of supervision 4
for each supervisee. 5
(c) (1) The fee assessed under subsection (b) of this section shall be paid to the 6
Division of Parole and Probation. 7
(2) The Division of Parole and Probation shall pay all money collected 8
under this section into the General Fund of the State. 9
(d) The Commission may exempt a supervisee wholly or partly from the fee 10
assessed under subsection (b) of this section if: 11
(1) the supervisee has diligently attempted but has been unable to obtain 12
employment that provides sufficient income for the supervisee to pay the fee; 13
(2) (i) the supervisee is a student in a school, college, or university or is 14
enrolled in a course of vocational or technical training designed to prepare the supervisee 15
for gainful employment; and 16
(ii) the institution in which the supervisee is enrolled supplies 17
certification of student status to the Commission; 18
(3) the supervisee has a disability that limits possible employment, as 19
determined by a physical or psychological examination that the Commission accepts or 20
orders; 21
(4) the supervisee is responsible for the support of dependents and the 22
payment of the fee constitutes an undue hardship on the supervisee; or 23
(5) other extenuating circumstances exist. 24
(e) The fee assessed under subsection (b) of this section is in addition to court 25
costs and fines. 26
(f) (1) If a supervisee does not comply with the fee requirement: 27
(i) the Division of Parole and Probation shall notify the Commission; 28
and 29
(ii) the Commission may revoke parole or mandatory supervision. 30
(2) The Commission shall conduct a hearing to determine if there are 31
sufficient grounds to find the supervisee in violation of the fee requirement. 32 SENATE BILL 728 3
(3) At a hearing under this subsection, the Commission may consider: 1
(i) any material change in the supervisee’s financial status; 2
(ii) good faith efforts of the supervisee to pay the fee; and 3
(iii) alternative means to assure payment of the fee before the period 4
of supervision ends. 5
(g) (1) In addition to the fee assessed under subsection (b) of this section, the 6
Division of Parole and Probation may require a supervisee to pay for drug or alcohol abuse 7
testing that the Commission orders. 8
(2) If a supervisee fails to pay for drug or alcohol abuse testing as required 9
by the Division of Parole and Probation, the Commission may revoke parole or mandatory 10
supervision. 11
(3) If the Division of Parole and Probation determines that any of the 12
criteria specified in subsection (d) of this section are applicable, the Division may exempt a 13
supervisee wholly or partly from a payment for drug or alcohol abuse testing. 14
(h) The Division of Parole and Probation shall: 15
(1) adopt guidelines for collecting the supervision fee; 16
(2) adopt guidelines for collecting the cost of drug and alcohol abuse 17
testing; and 18
(3) investigate requests for an exemption from payment if the Commission 19
requests an investigation. 20
(i) The Division of Parole and Probation shall: 21
(1) keep records of all payments by each supervisee; and 22
(2) report delinquencies to the Commission. 23
(j) On release of a supervisee, the Department and the appropriate local 24
detention center shall provide the supervisee with an oral and a written notice that: 25
(1) states the criteria listed in subsection (d) of this section that the 26
Commission may use in determining whether to exempt a supervisee from the supervision 27
fee assessed under subsection (b) of this section; and 28
(2) explains the process of applying for an exemption from the supervision 29
fee.] 30 4 SENATE BILL 728
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.