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CBS News
20-03-2025
- Politics
- CBS News
Convicted felons in Maryland could soon petition for early release with bill advancing
Convicted felons in Maryland could soon have a chance to petition for reduced sentences under a new bill that is one step closer to becoming a law. The Second Chance Act, or House Bill 724, which would apply to convicted felons who have already served 20 years and are not a danger to the public, survived Crossover Day passed the House chamber and now heads to the Senate. Under the proposed bill , petitions would be filed once every three years. Per the measure, the courts would consider factors including the individual's age at the time of the offense, behavior during incarceration, participation in educational programs, and public safety risk. A similar bill, the Maryland Clean Slate Act , would direct the Department of Public Safety and Correctional Services to clear marijuana possession records and cases at least three years old. The bill would also allow for expungement of misdemeanor charges after seven years. However, domestic-related crimes and second-degree assault charges would remain ineligible for expungement under the proposed law. If passed, the legislation would require all electronic court records of cases eligible for expungement to be removed from public view starting in August 2027. The bill specifies that physical documents and media would not need to be redacted or destroyed. After recreational cannabis was legalized in Maryland in July 2023, Gov. Wes Moore pardoned more than 175,000 convictions for cannabis or drug paraphernalia possession. Currently, the Juvenile Restoration Act allows people who served at least 20 years of a sentence for a crime they committed when they were under the age of 18 to request a sentence reduction. The law passed in 2024, also prohibits the courts from sentencing minors to life imprisonment without the possibility of parole or release. According to a 2024 report by the Second Look Movement , nearly one-third of people serving life sentences are 55 or older, which amounts to more than 60,000 people. The report also says that lengthy sentences do not significantly deter crime and that people tend to desist from crime as they age. In December 2023, the Maryland Equitable Justice Commission shared recommendations to reduce mass incarceration in the state and reduce racial disparities in the justice system. The commission said that Maryland has the highest amount of Black individuals in its prisons when compared to the state population. Expanding second look laws, limiting the automatic charging of children in adult criminal court, and increasing the number of people eligible for parole consideration due to serious medical conditions, or reaching an age where they are no longer a threat to public safety.
Yahoo
24-02-2025
- Politics
- Yahoo
Amid flurry of parole reform measures are two that tackle the parole process itself
Two aging inmates in a prison in San Luis Obispo, California. Maryland lawmakers are considering several parole reform bills this year, including two little-noticed bills that would reform the parole process itself. (Photo by) Amid high-profile proposals to make it easier for long-serving inmates to seek sentence reductions and to make work safer for parole agents are two largely overlooked efforts that supporters say are no less important: Reforming the parole process itself. 'Looking at the process of parole may seem, you know, not as big, but it is, especially for those incarcerated. Just trying to increase … a little bit more transparency and predictability,' said Del. Elizabeth Embry (D-Baltimore City). 'I'm just saying [there's] room for improvement, and we hope this bill will advance us toward that improvement.' Embry is the sponsor of House Bill 1147, which calls for an annual report by the Maryland Parole Commission breaking down the number of cases it has heard and approved in a year, broken down by race, and requiring that inmates who are rejected for parole get a report detailing the reasons why. Currently, they have to ask for that information. Del. N. Scott Phillips' (D-Baltimore County) House Bill 1156 would increase the number of Parole Commission members from the current 1o to at least 15 but no more than 20. More importantly, those members, currently nominated by the secretary of the Department of Public Safety and Correctional Services, would be nominated instead by the governor, from a list of candidates drawn up by a new commission made up of law enforcement officials, public defenders, health and education officials and more. The Parole Commission nominees would still need to be confirmed by the Senate. Both Phillips' and Embry's bills are scheduled to be heard March 4 before the House Judiciary Committee. 'Parole [reform] will be something we will definitely take a look at,' Del. Luke Clippinger (D-Baltimore City), chair of the committee, said in an interview earlier this month. Clippinger said the two bills 'generally, but not specifically' resemble legislative priorities from Campaign Zero, a national social justice organization led by a Maryland native DeRay Mckesson. Mckesson, one of the leaders of the Black Lives Matter movement, served on a Maryland task force in 2023 to evaluate data collection and policies within Maryland's state's attorneys' offices, and to assess whether prosecutors' practices are fair and equitable. Mckesson said attempts to reform of the Parole Commission are welcome. 'We need to modernize the structure of the Parole Commission. So few people understand the parole process. We just want fairness in the parole system,' he said in an interview earlier this month. The Parole Commission, a part of the department within correctional services, is a full-time body that holds parole hearings on a case-by-case basis to determine whether those serving six months or longer should be granted parole. The commission chair draws a $132,000 salary and commissioners are paid $117,000, according to the Department of Public Safety and Correctional Services. The 10-member board is scheduled to meet every other Wednesday but currently it has three vacancies. The department declined comment on the two latest bills, except to say that it 'recognizes the critical role legislation plays in building a more just and effective correctional system in Maryland.' Embry's bill calls for additional data that is not currently required in the commission's annual report of its work to the governor, such as figures 'disaggregated by race of relevant incarcerated individuals.' Some of the other information must highlight the number of cases in which the commission granted or denied parole; the number of people granted administrative release; the number of parole hearings and purpose of each hearing; and the number of people eligible for parole but never granted it. Hearing examiners who review each incarcerated individual's case and make a recommendation to the commission for or against parole would have one week, instead of the current three, to deliver a report the to the inmate, the commission and the Department of Corrections, spelling out the reasons for the recommendation. In addition to including the 'reasoning and justifications for the recommendation,' an individual denied parole would have to get another hearing scheduled 'not later than two years' from the denial. Currently, there's no requirement to when a subsequent parole hearing must be scheduled. SUPPORT: YOU MAKE OUR WORK POSSIBLE The bill also specifies that, 'The Commission does not have the authority to permanently deny parole.' 'There's a need for [parole] improvement and we hope this bill will advance us toward that,' Embry said in a recent interview. Phillips' bill would take hearing examiners out of the process of recommending parole approval or denial. Under the current law, the commission can skip a hearing on a parole case if there are no objections from the inmate or the department, in which case the hearing examiner's recommendation become the final decision. Phillips' bill would also alter not only who serves on the Parole Commission, but how members are appointed for a six-year term. When there's a vacancy on the commission, a 12-member panel would submit at least three nominees to the governor. Those panel members would include the public defender, president of the Maryland State's Attorney's Association, the executive director of the Maryland Police Training and Standards Commission and four appointees of the governor – three from the general public and a prisoners' rights advocate. Some advocates noted the Parole Commission should diversify its panel. DPSCS confirmed that three former department employees are now parole commissioners: Chair Ernest Eley, Robyn Lyles and Lisa Vronch. Second Look Act draws hours of testimony in House Judiciary Committee Maryland is currently one of just four states, along with Kansas, Michigan and Ohio, that do not allow the governor to directly choose person to serve on a parole commission. 'This is to start a conversation about really looking at how the Parole Commission operates, particularly who's on the Parole Commission and what workload do they have right now,' Phillips said in a recent interview. 'Really having people to be a little more accountable in the process.' Clippinger said he wants to see action this year on one parole measure that has been reviewed for several years — removing the governor from the medical parole process. That bill, sponsored since 2022 by Del. J. Sandy Bartlett (D-Anne Arundel), vice chair of the Judiciary committee, will be heard Tuesday by Judiciary. A companion Senate bill, sponsored by Sen. C. Anthony Muse (D-Prince George's), was held Feb. 13. The measure passed the Senate last year, but did not get out of Judiciary. 'We want to get the medical piece done this year. We're going to try and make that happen,' Clippinger said, standing near Bartlett. 'We're going to get it done,' Bartlett said.
CBS News
19-02-2025
- Politics
- CBS News
Convicted felons in Maryland could have a chance at a reduced sentence under proposed bill
A proposed bill aims to give individuals serving lengthy prison sentences an opportunity to reduce their sentence. Under House Bill 724, the Second Chance Act, those who have served at least 20 years of their sentence would be able to petition for sentence reduction. Petitions would be filed once every three years. Per the measure, the courts would consider factors including the individual's age at the time of the offense, behavior during incarceration, participation in educational programs, and public safety risk. Similar proposed laws A similar bill, the Maryland Clean Slate Act, would direct the Department of Public Safety and Correctional Services to clear marijuana possession records and cases at least three years old. The bill would also allow for expungement of misdemeanor charges after seven years. However, domestic-related crimes and second-degree assault charges would remain ineligible for expungement under the proposed law. If passed, the legislation would require all electronic court records of cases eligible for expungement to be removed from public view starting in August 2027. The bill specifies that physical documents and media would not need to be redacted or destroyed. After recreational cannabis was legalized in Maryland in July 2023, Gov. Wes Moore pardoned more than 175,000 convictions for cannabis or drug paraphernalia possession. Impact of existing sentence reduction laws Currently, the Juvenile Restoration Act allows people who served at least 20 years of a sentence for a crime they committed when they were under the age of 18 to request a sentence reduction. The law passed in 2024, also prohibits the courts from sentencing minors to life imprisonment without the possibility of parole or release. According to a 2024 report by the Second Look Movement, nearly one-third of people serving life sentences are 55 or older, which amounts to more than 60,000 people. The report also says that lengthy sentences do not significantly deter crime and that people tend to desist from crime as they age. In December 2023, the Maryland Equitable Justice Commission shared recommendations to reduce mass incarceration in the state and reduce racial disparities in the justice system. The commission said that Maryland has the highest amount of Black individuals in its prisons when compared to the state population. Expanding second look laws, limiting the automatic charging of children in adult criminal court, and increasing the number of people eligible for parole consideration due to serious medical conditions, or reaching an age where they are no longer a threat to public safety.
Yahoo
19-02-2025
- Politics
- Yahoo
Second Look Act draws hours of testimony in House Judiciary Committee
A packed hearing room sat through hours of respectful, but tense, testimony over a bill that would let inmates petition for a sentence reduction after 20 years in prison. (Photo by Jack Bowman/Maryland Matters) For almost three hours, the exchanges were respectful but the tension was palpable as speakers debated a bill that would let inmates petition for a reduction in their sentences after 20 years in prison. There were brief moments of raised voices, occasional murmurs from the packed hearing room and a few speakers moved to tears. But for the most part, the sides stuck to the facts before the House Judiciary Committee as they debated whether inmates deserve a second look. The bill known as the Maryland Second Look Act would let an incarcerated individual file a petition to have their sentence reduced once they have served 20 years. The petition, filed in the circuit court where they were sentenced, could be approved by the court if the judge determines the inmate is no longer considered a danger to the public. More than 1,700 currently incarcerated individuals had served 20 or more years of their sentences as of January, according to the Department of Public Safety and Correctional Services. More than 300 of those were serving life without parole sentences. Proponents say the bill would provide another avenue for incarcerated individuals who have been rehabilitated to rejoin society. Among the many speakers who testified in support of the bill were survivors of crime, members of advocacy groups and religious figures, and several who had served time in prison. 'We believe that they are worthy of a second opportunity,' said Anthony Muhammad, who told the committee that he has used his proverbial second chance to participate in community engagement. Muhammad said he was arrested at age 15 on two homicide charges and sentenced to life plus 20 years before being released after nearly 30 years, under the Juvenile Restoration Act. He said he knows dozens of individuals who have been incarcerated for decades, 'have demonstrated their maturity and rehabilitation' but have not been given the second look the bill would allow for. Supporters like Curtis Alston argued that incarcerated individuals can bring positive change on their release. Alston, who was appointed by Gov. Wes Moore to a task force studying inmate reentry, had previously been sentenced to multiple life terms. He said that people like him who have seen their sentences cut short have made a difference in their communities. 'Do you know how many people and how many lives that we have already saved since we've gotten home?' Alston said, raising his voice. 'Do you think that it's just the police force that has caused the homicide rate to go down?' While opponents were vastly outnumbered, they were just as passionate in their arguments over the proposal. One, Theresa Darvish, lost her son to a murder in late 2021. Darvish, after describing the devastation of losing her son, took issue with the bill allowing for a judge to reconsider a sentence once it has already been decided on, calling the proposed measures 'rampant and ambiguous.' 'This [bill] is retroactive,' Darvish said. 'But my judge cannot go back and retroactively resentence the thug, the murderer.' Opponents also point to the prospect of victims being forced to relive their trauma by relitigating the sentence when an inmate's petition is heard. Victims would be notified but would not be required to appear or testify when a case is reconsidered, but opponents say that reopening cases would be traumatizing. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'When does it end?' Baltimore County State's Attorney Scott Shellenberger (D) asked the committee. 'Somebody already said it doesn't end, and you're right. Don't add to it not ending.' Speakers on both sides were pressed by committee members on the issue of forcing victims to relive their trauma. Other concerns voiced by opponents included recidivism and the concept of the law giving a perceived break to violent offenders. This is the second year for the Second Look Act, which passed the Senate in 2024 only to stall in the House. Del. Cheryl Pasteur (D-Baltimore County) was the lead sponsor last year and again this year, when the bill has garnered far more cosponsors.
CBS News
05-02-2025
- Politics
- CBS News
Maryland's proposed Clean Slate Act would expunge certain cannabis, misdemeanor charges
BALTIMORE -- A proposed bill in Maryland could expunge criminal records for some cannabis possession and misdemeanor charges. The Maryland Clean Slate Act would require the state's Department of Public Safety and Correctional Services (DPSCS) to expunge court records for cannabis possession charges if they were issued before July 1, 2023, or if at least three years have passed since the case. Misdemeanor charges could also be expunged if seven years have passed since the cases. Domestic-related crimes and charges of second-degree assault would not be eligible to be expunged. The proposed bill would require that all electronic court records and references to the specific criminal case be removed from public view by July 2027. The bill would not require documents or media to be redacted or criminal records to be destroyed. Starting in August 2027, the Clean Slate Act would allow court officials to identify cases that are eligible for expungement under the required criteria. Those cases would be sent to DPSCS and would need to be expunged within 30 days of the notification. The Clean Slate Act has a hearing in the state Senate scheduled for Wednesday, Feb. 5. Cannabis convictions in Maryland Recreational marijuana use in Maryland was legalized in July 2023. One year later Gov. Wes Moore pardoned more than 175,00 convictions for cannabis or drug paraphernalia possession. The executive order was the nation's largest pardon for misdemeanor cannabis possession charges. The measure made Maryland the first state to include paraphernalia possession in a cannabis pardon, according to the governor. "Maryland made history when we legalized cannabis by referendum. But we cannot celebrate the benefits of legalization while forgetting the consequences of criminalization," Gov. Moore said. "No Marylander should face barriers to housing, employment, or education based on convictions for conduct that is no longer illegal." The pardon included 15,000 simple cannabis possession convictions and 18,000 misdemeanor convictions for intent to use drug paraphernalia. Cannabis impact on public health The Maryland Department of Health began monitoring the impacts of cannabis on public health by launching a dashboard in November 2024. The dashboard tracks emergency room visits, youth and adult use and calls to Maryland and D.C. poison control centers. "By tracking key indicators, we can create programs and resources aimed at preventing youth cannabis use, promoting safe storage of products to prevent accidental poisonings, and ensuring that existing services effectively support Marylanders facing adverse effects from cannabis use," said Deputy Secretary for Public Health Dr. Nilesh Kalyanaraman. Between 2021 and 2023, calls to poison centers serving Maryland nearly doubled for kids nine and younger and tripled for those ages 10 to 14, according to the dashboard. The data also showed a 21% increase in cannabis-related hospitalizations between 2023 and 2024. rise in hospitalizations due to cannabis vape products.
