Justice Reinvestment Act of 2016
Senate Bill 1005
How to read a bill
| Pages | Subject |
| 5-8 | Purpose Statement |
| 11-14 | Statutory Sections Modified |
| 15-103 | Deleted text of prior bill draft |
| 104-105 | Inmate Risk and Needs Assessments to Focus Corrections Programs and Treatments – Correctional Services (CS) Art., § 3-601 |
| 105-108 | Credits Towards Sentences for Recidivism Reduction Programs – CS Art., § 3-705 to 708, effective for inmates sentenced after 10/1/17 (pg. 204) |
| 108-109 | Definitions Including “Risk Factor”, “Risk Needs Assessment (RNA),” and “Technical Violation” – CS Art., §6-101 |
| 109-111 | All Offenders Screened for “Risk Level”; Use of Risk Needs Assessment – CS Art., §6-104 & 6-111 |
| 111-113 | Individuals May Earn Early “Abatement” of Supervision by “Compliance Credits” – CS Art., §6-117 |
| 113-114 | “Evidence-Based” and Innovative Corrections Programs – CS Art., §6-119 |
| 114 | Annual training for all parole & prob.staff on risk factors, interventions & behavior mgt. |
| 114-115 | Administrative “Graduated Sanctions” for “Technical Violations” – CS Art., §6-121 |
| 116-118 | Certificates of Rehabilitation – CS Art., §7-104 |
| 120-123 | “Administrative Release” to Parole for Certain “Low Risk” Inmates – CS Art., §7-301.1 |
| 124-127 | Medical Parole for Certain Debilitated Or Incapacitated Inmates – CS Art., § 7-309 |
| 127-131 | Limited Incarceration for Parole “Technical Violations” with Public Safety / Victim Exception – CS Art., §7-401 & 7-504 |
| 132-133 | Restitution Withheld from Inmate Earnings – CS Art., §9-614 |
| 135-136 | Increases in Penalties for Violent Crimes Including 2nd Degree Murder, child abuse causing death, – Criminal Law (CL) Art., §2-204, 3-601, and — |
| 136-144 | Penalties Reduced for Various Drug Offenses – CL Art., §5-601 through 5-609 with presumption in favor of drug assessment and treatment for users. |
| 145-146 | Permits Possible Retroactive Reduction of Certain Mandatory Minimum Drug Sentences – CL Art., §5-609.1 |
| 146-147 | Equalizes Penalties for Possessing Larger Quantities of Crack and Powder Cocaine – CL Art., §5-612 |
| 147-148 | Provides that enhanced penalty for drug distribution is available only for those also convicted of “crime of violence.” – CL Art., sec. 5-905. |
| 148-163 | Reduces Misdemeanor Theft Penalties & Makes Same Reductions for Other Theft-Related Offenses That Involve Use of Checks, Credit Cards, Receiving Stolen Property, Medical Services, Etc. – CL Art., §7-104, 7-108, 8-106, 8-206, 8-207, 8-209, 8-301, 8-516, 8-611, and 8-801 |
| 163-168 | Extends criminal gang offenses to include drug-related offenses, to increase penalties, and to provide for forfeiture of profits. CL Art., sec. 9-801 through 9-807. |
| 168-170 | Provides that an inmate, convicted of a “crime of violence,” is eligible for parole at age 60 if he has served at least 15 years. |
| 170-172 | Violations of Probation – Definitions – Criminal Procedure (CP) Art., §1-101 |
| 172-175 | Limited Incarceration for Parole “Technical Violations” with Public Safety / Victim Exception –CP Art., §6-223 and 6-224. |
| 176-179 | Expungement of Designated Misdemeanors – CP Art., §10-110 |
| 180-181 | Distribution to victims under Crim.Injury Compensation Fund- CP Art., sec.11-819 |
| 181-184 | Substance Abuse Assessments and Treatment for Offenders – Health-General (HG) Art., §8-505 and 8-507 provides “immediate” treatment within 30 days from court order |
| 184-185 | Provides a nonlapsing “Addiction Treatment Divestiture Fund.” HG Art., sec. 8-6D-01. |
| 185-186, 195-196 | State Finance & Procurement Article (SFP)- §6-226 Establishes A Special, Nonlapsing, Interest Accruing Performance Incentive County Grant Fund [“The Grant Fund”] |
| 186-194 | State Government (SG) Article – §9–3201 and following sections establish Justice Reinvestment Oversight Board (JROB), Membership and Duties |
| 197-198 | Local Govt. Justice Reinvestment Commission Is Established – SG Art., §9-3211 |
| 198 | Justice Reinvestment Oversight Board Reports Annually, Eff. 12/31/17 – SG Art., §9-3212 |
| 198-200 | First offenders for driving suspended shall not be incarcerated, but subject only to a fine. Transportation Art., sec. 27-101 (gg). |
| 200-201 | State Shall Annually Evaluate Any Gap in Offender Treatment Needs and Available Services, Eff. December 31, 2016 – (uncodified) |
| 201 | Maryland Mediation and Conflict Resolution Office (MACRO) Shall Study and Identify Best Practices for Criminal Referrals to Mediation, Eff. 1/1/17 – (uncodified) |
| 201 | State Commission on Criminal Sentencing Policy Shall Study How More Alternatives to Incarceration may be Included in the Sentencing Guidelines and Shall Offer Recommendations – (uncodified) |
| 201-201 | State agencies shall study barriers for those with criminal records as to employment, licensing and entrepreneurship and shall report findings and recommendations by 12/31/16. |
| 203-204 | Governor’s Office of Crime Control & Prevention (GOCCP) Shall Study and Propose a Plan to Improve Restitution Collection – (uncodified) |
| 204 | Local Correction Facilities and State Health Dept. Shall Study & Report Budget Requirements for Plans to Treat Drug Offenders Locally – (uncodified) |
| 204 | Effective Dates for Different Parts of Justice Reinvestment Act – most substantive & procedural provisions (pages 104-186 and 198-200) have a delayed effective date of 10/1/17, but new Boards are appointed and most requirements for continued research and recommendations (pages 200-204) as to restitution collection, unmet treatment needs, criminal mediation, sentencing guidelines for alternatives to incarceration, and reimbursement / funding for local detention centers all take effect 10/1/16 with various subsequent report and fund allocation dates in later years. |
The analysis above is based on the original SB1005 dated 5/19/2016.
To see the current text of this legislation go to:
http://mgaleg.maryland.gov/2016RS/bills/sb/sb1005e.pdf
To view the Maryland Alliance for Justice Reform summary page go to:
https://www.ma4jr.org/jra-summary/
To view the Maryland Alliance for Justice Reform’s index to the JRA:
https://www.ma4jr.org/jra-index/
To see the legislative initiatives of the Maryland Alliance for Justice Reform:
https://www.ma4jr.org/initiatives/
To get further information about the Maryland Alliance for Justice Reform:
https://www.ma4jr.org/
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Maryland Alliance for Justice Reform (MAJR) played a central 2015 role in advocating and supporting efforts to pass the Justice Reinvestment initiative in Maryland. While the 2016 JRA bill is not perfect from MAJR’s viewpoint, its many important reforms could reduce Maryland’s prison population by 16% and save $270 million within 10 years. By reinvesting those funds in alternatives to incarceration, our state’s crime rate also could be reduced, taxpayer funds could be saved, while communities and families are strengthened.
MAJR is a nonpartisan association of over thirty community organizations and churches with members in every part of the state, formed to support justice reinvestment. Individual supporters include judges, attorneys, corrections professionals, as well as returning citizens, victims, and service providers.
