EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0735*
SENATE BILL 735
E2 5lr1376
SB 44/24 – JPR
By: Senators Folden, Bailey, Jennings, Hershey, Gallion, Ready, and Carozza
Introduced and read first time: January 27, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Time for Violent Crime Act 2
(Geri’s Law) 3
FOR the purpose of prohibiting the earning of diminution credits to reduce the term of 4
confinement of an incarcerated individual who is serving a sentence for murder in 5
the first degree or murder in the second degree in a State or local correctional facility; 6
prohibiting a deduction of diminution credits of more than a certain percentage of an 7
incarcerated individual’s aggregate sentence for crimes of violence for an 8
incarcerated individual who is serving a sentence for a crime of violence; prohibiting 9
a judicial officer from authorizing the pretrial release of a defendant who is charged 10
with a crime of violence if the defendant has a pending charge for a certain crime or 11
was previously convicted within a certain number of years of a certain crime; and 12
generally relating to crimes of violence, diminution credits, and pretrial release. 13
BY repealing and reenacting, with amendments, 14
Article – Correctional Services 15
Section 3–702, 3–708, and 11–502 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2024 Supplement) 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 2024 Supplement) 23
BY adding to 24
Article – Correctional Services 25
Section 11–507.1 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2024 Supplement) 28 2 SENATE BILL 735
BY repealing and reenacting, with amendments, 1
Article – Criminal Procedure 2
Section 5–202 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Correctional Services 8
3–702. 9
(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3–711 of this 10
subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the 11
custody of the Commissioner is entitled to a diminution of the incarcerated individuals’ 12
term of confinement as provided under this subtitle. 13
(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual 14
who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article 15
involving a victim who is a child under the age of 16 years, or an incarcerated individual 16
who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, 17
as the sections existed before October 1, 2017, involving a victim who is a child under the 18
age of 16 years, is not entitled to a diminution of the incarcerated individual’s term of 19
confinement as provided under this subtitle. 20
(2) An incarcerated individual who is serving a sentence for a violation of 21
§ 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled 22
to diminution of the incarcerated individual’s term of confinement as provided under this 23
subtitle. 24
(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 25
of the Criminal Law Article involving a victim who is a child under the age of 16 years is 26
not entitled to a diminution of the incarcerated individual’s term of confinement as provided 27
under this subtitle, if the incarcerated individual was previously convicted of a violation of 28
§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 29
years. 30
(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 31
VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE IS NOT 32
ENTITLED TO A DIMINU TION OF THE INCARCER ATED INDIVIDUAL ’S TERM OF 33
CONFINEMENT AS PROVID ED UNDER THIS SUBTIT LE. 34
3–707. 35
(a) (1) Except as provided in paragraph (2) of this subsection, in addition to 36 SENATE BILL 735 3
any other deductions allowed under this subtitle, an incarcerated individual may be 1
allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement 2
for each calendar month during which the incarcerated individual manifests satisfactory 3
progress in those special selected work projects or other special programs, including 4
recidivism reduction programming, designated by the Commissioner and approved by the 5
Secretary. 6
(2) The deduction described in paragraph (1) of this subsection shall be 7
calculated at the rate of up to 10 days for each calendar month, if an incarcerated 8
individual’s term of confinement includes a consecutive or concurrent sentence for: 9
(i) a crime of violence, as defined in § 14–101 of the Criminal Law 10
Article; 11
(ii) a sexual offense for which registration is required under Title 11, 12
Subtitle 7 of the Criminal Procedure Article; or 13
(iii) a crime of manufacturing, distributing, dispensing, or possessing 14
a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law 15
Article. 16
3–708. 17
(A) Except as provided in § 3–706.1 of this subtitle, and notwithstanding any 18
other provision of this subtitle, an incarcerated individual may not be allowed a deduction 19
under this subtitle of more than: 20
(1) 20 days for a calendar month for an incarcerated individual described 21
in [§ 3–707(a)(2)] § 3–707(A)(2)(II) AND (III) of this subtitle; and 22
(2) 30 days for a calendar month for all other incarcerated individuals. 23
(B) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 24
CRIME OF VIOLENCE , AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY 25
NOT BE ALLOWED A DEDUCTI ON UNDER THIS SUBTIT LE THAT AMOUNTS TO A 26
NUMBER OF DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED 27
INDIVIDUAL’S AGGREGATE SENTENCE FOR CRIMES OF VIOLEN CE. 28
11–502. 29
(a) Except as provided in subsections (b) [and], (c), AND (D) of this section, an 30
incarcerated individual who has been sentenced to a term of imprisonment shall be allowed 31
deductions from the incarcerated individual’s term of confinement as provided under this 32
subtitle for any period of presentence or postsentence confinement in a local correctional 33
facility. 34
4 SENATE BILL 735
(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual 1
who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article 2
involving a victim who is a child under the age of 16 years, or an incarcerated individual 3
who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, 4
as the sections existed before October 1, 2017, involving a victim who is a child under the 5
age of 16 years, may not be allowed deductions from the incarcerated individual’s term of 6
confinement as provided under this subtitle for any period of presentence or postsentence 7
confinement in a local correctional facility. 8
(2) An incarcerated individual who is serving a sentence for a violation of 9
§ 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, may not be 10
allowed deductions from the incarcerated individual’s term of confinement as provided 11
under this subtitle for any period of presentence or postsentence confinement in a local 12
correctional facility. 13
(3) 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
(c) (1) An incarcerated individual who is serving a sentence for a violation of 17
§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 18
years, who has previously been convicted of violating § 3–307 of the Criminal Law Article 19
involving a victim who is a child under the age of 16 years, may not be allowed deductions 20
from the incarcerated individual’s term of confinement as provided under this subtitle for 21
any period of presentence or postsentence confinement in a local correctional facility. 22
(2) This subsection may not be construed to require an incarcerated 23
individual to serve a longer sentence of confinement than is authorized by the statute under 24
which the incarcerated individual was convicted. 25
(D) (1) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE 26
FOR A VIOLATION OF § 2–201 OR § 2–204 OF THE CRIMINAL LAW ARTICLE MAY NOT 27
BE ALLOWED DEDUCTION S FROM THE INCARCERA TED INDIVIDUAL ’S TERM OF 28
CONFINEMENT AS PROVI DED UNDER THIS SUBTI TLE FOR ANY PERIOD OF 29
PRESENTENCE OR POSTS ENTENCE CONFINEMENT IN A LOCAL CORRECTIO NAL 30
FACILITY. 31
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO R EQUIRE AN 32
INCARCERATED INDIVID UAL TO SERVE A LONGE R SENTENCE OF CONFIN EMENT 33
THAN IS AUTHORIZED B Y THE STATUTE UNDER WHICH THE INCARCERATED 34
INDIVIDUAL WAS CONVI CTED. 35
11–507.1. 36
AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A CRI ME 37
OF VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, MAY NOT 38 SENATE BILL 735 5
BE ALLOWED A DEDUCTI ON UNDER THIS SUBTIT LE THAT AMOUNTS TO A NUMBER OF 1
DAYS THAT IS GREATER THAN 10% OF THE INCARCERATED INDIVIDUAL’S 2
AGGREGATE SENTENCE F OR CRIMES OF VIOLENC E. 3
Article – Criminal Procedure 4
5–202. 5
(a) A District Court commissioner may not authorize pretrial release for a 6
defendant charged with escaping from a correctional facility or any other place of 7
confinement in the State. 8
(b) (1) A District Court commissioner may not authorize the pretrial release of 9
a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article. 10
(2) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 11
judge may authorize the pretrial release of a defendant charged as a drug kingpin on 12
suitable bail and on any other conditions that will reasonably ensure that the defendant 13
will not flee or pose a danger to another person or the community. 14
(3) There is a rebuttable presumption that, if released, a defendant charged 15
as a drug kingpin will flee and pose a danger to another person or the community. 16
(c) (1) A District Court commissioner may not authorize the pretrial release of 17
a defendant charged with a crime of violence if the defendant has been previously convicted: 18
(i) in this State of a crime of violence; 19
(ii) in any other jurisdiction of a crime that would be a crime of 20
violence if committed in this State; or 21
(iii) of an offense listed in subsection (f)(1) of this section. 22
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 23
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 24
(1) of this subsection on: 25
1. suitable bail; 26
2. any other conditions that will reasonably ensure that the 27
defendant will not flee or pose a danger to another person or the community; or 28
3. both bail and other conditions described under item 2 of 29
this subparagraph. 30
(ii) When a defendant described in paragraph (1) of this subsection 31 6 SENATE BILL 735
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 1
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 2
OR if the judge determines that neither suitable bail nor any condition or combination of 3
conditions will reasonably ensure that the defendant will not flee or pose a danger to 4
another person or the community before the trial. 5
(3) There is a rebuttable presumption that a defendant described in 6
paragraph (1) of this subsection will flee and pose a danger to another person or the 7
community. 8
(d) (1) A District Court commissioner may not authorize the pretrial release of 9
a defendant charged with committing one of the following crimes while the defendant was 10
released on bail or personal recognizance for a pending prior charge of committing one of 11
the following crimes: 12
(i) aiding, counseling, or procuring arson in the first degree under § 13
6–102 of the Criminal Law Article; 14
(ii) arson in the second degree or attempting, aiding, counseling, or 15
procuring arson in the second degree under § 6–103 of the Criminal Law Article; 16
(iii) burglary in the first degree under § 6–202 of the Criminal Law 17
Article; 18
(iv) burglary in the second degree under § 6–203 of the Criminal Law 19
Article; 20
(v) burglary in the third degree under § 6–204 of the Criminal Law 21
Article; 22
(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 23
Law Article; 24
(vii) a crime that relates to a destructive device under § 4–503 of the 25
Criminal Law Article; 26
(viii) a crime that relates to a controlled dangerous substance under 27
§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 28
(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 29
Law Article; and 30
(x) a crime of violence. 31
(2) A defendant under this subsection remains ineligible to give bail or be 32
released on recognizance on the subsequent charge until all prior charges have finally been 33
determined by the courts. 34 SENATE BILL 735 7
(3) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 1
judge may authorize the pretrial release of a defendant described in paragraph (1) of this 2
subsection on suitable bail and on any other conditions that will reasonably ensure that the 3
defendant will not flee or pose a danger to another person or the community. 4
(4) There is a rebuttable presumption that a defendant described in 5
paragraph (1) of this subsection will flee and pose a danger to another person or the 6
community if released before final determination of the prior charge. 7
(e) (1) A District Court commissioner may not authorize the pretrial release of 8
a defendant charged with violating: 9
(i) the provisions of a temporary protective order described in § 10
4–505(a)(2)(i) of the Family Law Article or the provisions of a protective order described in 11
§ 4–506(d)(1) of the Family Law Article that order the defendant to refrain from abusing or 12
threatening to abuse a person eligible for relief; or 13
(ii) the provisions of an order for protection, as defined in § 4–508.1 14
of the Family Law Article, issued by a court of another state or of a Native American tribe 15
that order the defendant to refrain from abusing or threatening to abuse a person eligible 16
for relief, if the order is enforceable under § 4–508.1 of the Family Law Article. 17
(2) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, A 18
judge may allow the pretrial release of a defendant described in paragraph (1) of this 19
subsection on: 20
(i) suitable bail; 21
(ii) any other conditions that will reasonably ensure that the 22
defendant will not flee or pose a danger to another person or the community; or 23
(iii) both bail and other conditions described under item (ii) of this 24
paragraph. 25
(3) When a defendant described in paragraph (1) of this subsection is 26
presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 27
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 28
OR if the judge determines that neither suitable bail nor any condition or combination of 29
conditions will reasonably ensure that the defendant will not flee or pose a danger to 30
another person or the community before the trial. 31
(f) (1) A District Court commissioner may not authorize the pretrial release of 32
a defendant charged with one of the following crimes if the defendant has previously been 33
convicted of a crime of violence or one of the following crimes: 34
(i) wearing, carrying, or transporting a handgun under § 4–203 of 35 8 SENATE BILL 735
the Criminal Law Article; 1
(ii) use of a handgun or an antique firearm in commission of a crime 2
under § 4–204 of the Criminal Law Article; 3
(iii) violating prohibitions relating to assault weapons under § 4–303 4
of the Criminal Law Article; 5
(iv) use of a machine gun in a crime of violence under § 4–404 of the 6
Criminal Law Article; 7
(v) use of a machine gun for an aggressive purpose under § 4–405 of 8
the Criminal Law Article; 9
(vi) use of a weapon as a separate crime under § 5–621 of the 10
Criminal Law Article; 11
(vii) possession of a regulated firearm under § 5–133 of the Public 12
Safety Article; 13
(viii) transporting a regulated firearm for unlawful sale or trafficking 14
under § 5–140 of the Public Safety Article; or 15
(ix) possession of a rifle or shotgun by a person with a mental 16
disorder under § 5–205 of the Public Safety Article. 17
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 18
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 19
(1) of this subsection on: 20
1. suitable bail; 21
2. any other conditions that will reasonably ensure that the 22
defendant will not flee or pose a danger to another person or the community; or 23
3. both bail and other conditions described under item 2 of 24
this subparagraph. 25
(ii) When a defendant described in paragraph (1) of this subsection 26
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 27
detention of the defendant IN ACCORDANCE WITH S UBSECTION (H) OF THIS SECTION 28
OR if the judge determines that neither suitable bail nor any condition or combination of 29
conditions will reasonably ensure that the defendant will not flee or pose a danger to 30
another person or the community before the trial. 31
(3) There is a rebuttable presumption that a defendant described in 32
paragraph (1) of this subsection will flee and pose a danger to another person or the 33 SENATE BILL 735 9
community. 1
(g) (1) A District Court commissioner may not authorize the pretrial release of 2
a defendant who: 3
(i) is registered, or the commissioner knows is required to register, 4
under Title 11, Subtitle 7 of this article; or 5
(ii) is a sex offender who is required to register by another 6
jurisdiction, a federal, military, or tribal court, or a foreign government. 7
(2) (i) [A] EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS 8
SECTION, A judge may authorize the pretrial release of a defendant described in paragraph 9
(1) of this subsection on: 10
1. suitable bail; 11
2. any other conditions that will reasonably ensure that the 12
defendant will not flee or pose a danger to another person or the community; or 13
3. both bail and other conditions described under item 2 of 14
this subparagraph. 15
(ii) When a defendant described in paragraph (1) of this subsection 16
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 17
detention of the defendant IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION 18
OR if the judge determines that neither suitable bail nor any condition or combination of 19
conditions will reasonably ensure that the defendant will not flee or pose a danger to 20
another person or the community before the trial. 21
(3) There is a rebuttable presumption that a defendant described in 22
paragraph (1) of this subsection will flee and pose a danger to another person or the 23
community. 24
(H) A JUDICIAL OFFICER MAY NOT AUTHORIZE THE PR ETRIAL RELEASE OF 25
A DEFENDANT WHO IS C HARGED WITH A CRIME OF VIOLENCE IF THE D EFENDANT: 26
(1) HAS A PENDING CHARGE FOR: 27
(I) A CRIME OF VIOLENCE IN THE STATE; OR 28
(II) A CRIME IN ANY OTHER JURISDICTION THA T WOULD BE A 29
CRIME OF VIOLENCE IF COMMITTED IN THE STATE; OR 30
(2) WAS CONVICTED WITHIN THE PREVIOUS 10 YEARS: 31
10 SENATE BILL 735
(I) IN THE STATE OF A CRIME OF V IOLENCE; OR 1
(II) IN ANY OTHER JURISDI CTION OF A CRIME THA T WOULD BE 2
A CRIME OF VIOLENCE IF COMMITTED IN THE STATE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 4
apply only prospectively and may not be applied or interpreted to have any effect on or 5
application to any offense committed before the effective date of this Act. 6
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8