Title 9. Miscellaneous Executive Agencies — Subtitle 32. Justice Reinvestment Oversight Board

one member of the Senate of Maryland, appointed by the President of the Senate;

one member of the House of Delegates, appointed by the Speaker of the House;

the Executive Director, or the Executive Director’s designee;

the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

the chair of the Maryland Parole Commission, or the chair’s designee;

the Secretary of State Police, or the Secretary’s designee;

the Attorney General, or the Attorney General’s designee;

the Public Defender, or the Public Defender’s designee;

the Secretary of Budget and Management, or the Secretary’s designee;

the chair of the Local Government Justice Reinvestment Commission, or the chair’s designee;

two members appointed by the Chief Justice of the Supreme Court of Maryland;

the Secretary of Labor, or the Secretary’s designee;

one member appointed by the Maryland Chiefs and Sheriffs Association;

the president of the Maryland State’s Attorneys’ Association or the president’s designee;

two members of the Maryland Correctional Administrators Association, appointed by the president of the Maryland Correctional Administrators Association, including one representative from a large correctional facility and one representative from a small correctional facility;

the president of the Maryland Association of Counties or the president’s designee; and

the following individuals, appointed by the Governor:

The term of an appointed member of the Board is 4 years.

The terms of the appointed members of the Board are staggered as required by the terms provided for members of the Board on October 1, 2016.

At the end of a term, an appointed member:

A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

The members of the Board appointed from the Senate of Maryland, the House of Delegates, and the Chief Justice of the Supreme Court of Maryland, shall serve in an advisory capacity only.

may not receive compensation for service on the Board; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

monitor progress and compliance with the implementation of the recommendations of the Justice Reinvestment Coordinating Council;

consider the recommendations of the Local Government Justice Reinvestment Commission and any legislation, regulations, rules, budgetary changes, or other actions taken to implement the recommendations of the Justice Reinvestment Coordinating Council;

make additional legislative and budgetary recommendations for future data–driven, fiscally sound criminal justice policy changes;

collect and analyze the data submitted under § 9–3208 of this subtitle regarding pretrial detainees;

in collaboration with the Department of Public Safety and Correctional Services, the Maryland Parole Commission, the Administrative Office of the Courts, and the Maryland State Commission on Criminal Sentencing Policy, create performance measures to track and assess the outcomes of the laws related to the recommendations of the Justice Reinvestment Coordinating Council;

in collaboration with the Maryland Parole Commission, monitor administrative release under § 7–301.1 of the Correctional Services Article and determine whether to adjust eligibility considering the effectiveness of administrative release and evidence–based practices;

create performance measures to assess the effectiveness of the grants administered under § 9–3209 of this subtitle; and

consult and coordinate with:

In collaboration with the Department of Public Safety and Correctional Services, the Board shall determine the annual savings from the implementation of the recommendations of the Justice Reinvestment Coordinating Council based on the difference between the prison population as measured on October 1, 2017, the baseline day, and the prison population as measured on October 1, 2018, the comparison day, and the variable cost of incarceration.

If the prison population on the comparison day is less than the prison population on the baseline day, the Board shall determine a savings based on the difference in the prison population multiplied by the variable cost.

The Board annually shall determine the difference between the prison population on October 1, 2017, and the prison population on October 1 of the current year and calculate any savings in accordance with paragraph (2) of this subsection.

If a prison population decline causes a correctional unit, wing, or facility to close, the Board shall conduct an assessment to determine the savings from the closure and distribute the savings, realized annually, according to the schedule in paragraph (5) of this subsection.

The Board annually shall recommend that the savings identified in paragraphs (2) through (4) of this subsection be distributed as follows:

The Board may recommend that a portion of the remaining savings identified under paragraph (5)(ii) of this subsection be:

the number of individuals committed to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article in the previous 3 months including the number of days that it took to place each individual into treatment and where the individual was placed for treatment;

the number of individuals committed to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article who are waiting for treatment but cannot be placed due to lack of capacity; and

the number of individuals assessed for substance use disorder in the previous 3 months under § 5–601 of the Criminal Law Article and whether each individual was placed into treatment as a result of the assessment.

The Board may enter into an agreement with an academic institution or another similar entity that is qualified to collect and interpret data in order to assist the Board with its duties.

The Board shall establish an advisory board for the purpose of including stakeholders in the criminal justice system in the analysis of the implementation of justice reinvestment initiatives.

The Executive Director of the Governor’s Office of Crime Prevention and Policy shall appoint members of the advisory board, subject to the approval of the chair of the Board.

Members of the advisory board shall include:

the admission of incarcerated individuals to State and local correctional facilities;

the length of incarcerated individual sentences;

the length of time being served by incarcerated individuals, including suspended periods of a criminal sentence;

recidivism;

the population of community supervision;

information about the incarcerated individual population, including the amount of restitution ordered and the amount paid; and

departures by the court and the Commission from the sentencing limits for technical violations under §§ 6–223 and 6–224 of the Criminal Procedure Article and §§ 7–401 and 7–504 of the Correctional Services Article.

the number of individuals detained pretrial on the same day each year;

the mean and median days individuals were detained in pretrial detention;

the charges under which individuals were detained in pretrial detention;

the reasons why individuals were unable to secure release;

the number of individuals who were released during the pretrial period; and

the disposition of each case.

The purpose of the Fund is to make use of the savings from the implementation of the recommendations of the Justice Reinvestment Coordinating Council.

Subject to paragraph (3) of this subsection, and except as provided in paragraph (4) of this subsection, the Board may recommend to the Executive Director that grants be made to:

For fiscal year 2026 and each fiscal year thereafter, up to $1,000,000 of the Fund may be used each year to support the agency operations of the Office of the Correctional Ombudsman.

The Governor’s Office of Crime Prevention and Policy shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9–3207 of this subtitle.

Subject to the authority of the Executive Director, the Board shall administer the Fund.

The Executive Director may approve or disapprove any grants from the Fund.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

money appropriated in the State budget;

interest earned on money in the Fund; and

any other money from any other source accepted for the benefit of the Fund.

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any interest earnings of the Fund shall be credited to the Fund.

advise the Board on matters related to legislation, regulations, rules, budgetary changes, and all other actions needed to implement the recommendations of the Justice Reinvestment Coordinating Council as they relate to local governments;

make recommendations to the Board regarding grants to local governments from the Fund; and

create performance measures to assess the effectiveness of the grants.

The Commission consists of one member from each county appointed by the governing body of the county.

The Executive Director shall appoint the chair of the Commission.

The term of a member of the Commission is 4 years.

The terms of the members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 2016.

At the end of a term, a member:

A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

may not receive compensation as a member of the Commission; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.