Maryland Corrections Reform Bill Passes Senate Unanimously

ANNAPOLIS, Md. (AP) -- A major corrections reform bill of Maryland's legislative session that aims to save money by incarcerating people less while investing in drug treatment passed the Senate unanimously Thursday.

Several senators said their votes came reluctantly, because they believe the measure has been watered down. Others said it was a compromise that would reduce recidivism while still protecting public safety. The bill now goes to the House, where changes are assured to the bill.

The 46-0 vote came after the measure ran into difficulties earlier this week.

An analysis by the Pew Charitable Trust, which helped gather data as the bill was being crafted, estimated that changes made to the initial proposal greatly reduced the estimated savings over 10 years from about $247 million to less than $40 million.

The money was lost largely due to lifting caps on sentences for probation violations. As first proposed, the caps required judges to impose sentences of 15, 30 and 45 days for first, second and third probation violations -- instead of potentially much longer terms. The bill was changed to allow judges to avoid the caps for public safety reasons or "for other good cause." The "good cause" language was taken out of the bill this week to help regain some savings.

Sen. Robert Zirkin, the chairman of the Judicial Proceedings Committee, said the changes were needed to safeguard public safety, because it would have applied to violent offenders as well as nonviolent ones.

"The Judicial Proceedings Committee made sure that judges did not have their hands tied in such a dramatic way when someone was an imminent risk to public safety," Zirkin, D-Baltimore County, said.

But Sen. Delores Kelley questioned whether that concern was being exaggerated, because she said a judge would consider violence when first imposing a sentence. She said it wasn't helpful "to scare us all to death with situations that aren't the norm."

"I would just like to say that in spite of all the hard work you did, not all of it was smart," Kelley, D-Baltimore County, said, adding she hopes the House will make changes to improve the bill.

Sen. Michael Hough, a member of the commission that helped craft the bill, highlighted many changes the measure will make to increase treatment and reduce incarceration. He said the bill will dramatically reduce mandatory sentences for drugs, address racial disparities in the prosecution of defendants convicted of crack- and powder-cocaine possession and expunge criminal records for dozens of new crimes.

"This is the most dramatic expansion of expungement law that we've ever passed," Hough, R-Frederick, said.

Other senators said the bill represented a compromise between political parties, as well as prosecutors, defense attorneys, judges and law enforcement.

"There's a lot of give and take in this bill, and I really hope that the body appreciates all the fretting we did over it," said Sen. Wayne Norman, a Harford County Republican on the Judicial Proceedings Committee.

Sen. Jamie Raskin, D-Montgomery, said the bill struck a balance and had to be considered in its entirety.

"It's a real big ship that they're stewarding here, and you push it a little bit too far to one side you could tip to port. You push too far to the other you could tip starboard," Raskin said.

Senate President Thomas V. Mike Miller noted the measure was still a work in progress, saying the push to pass it was at "second base" and headed for third.

"Then, we'll be on our way home ... the last week of session," Miller, D-Calvert, said.

AP-WF-03-24-16 1807GMT

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