In this subtitle the following words have the meanings indicated. “Board” means the Justice Reinvestment Oversight Board. “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy. “Fund” means the Performance Incentive Grant Fund established in § 9–3209 of this subtitle.

There is a Justice Reinvestment Oversight Board in the Governor’s Office of Crime Prevention and Policy.

The Board consists of the following members: 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: one member representing victims of crime; one member representing law enforcement; two local health officers; and one member with direct experience teaching incarcerated individuals in academic programs intended to achieve the goal of a high school diploma or general educational development certification. To the extent practicable, in making appointments under this section, the Governor shall ensure geographic diversity among the membership of the Board. 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: is eligible for reappointment; and continues to serve until a successor is appointed and qualifies. 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.

The Governor shall appoint the chair of the Board. With the approval of the Board, the chair may appoint a vice chair who shall have the duties assigned by the chair.

A majority of the authorized membership of the Board is a quorum. The Board shall meet at least quarterly each year at the times and places determined by the Board or the chair of the Board. A member of the Board: 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.

The Governor’s Office of Crime Prevention and Policy shall provide staff for the Board.

The Board shall: 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: the Local Government Justice Reinvestment Commission; and other units of the State and local jurisdictions concerning justice reinvestment issues. 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: up to 50% of the savings shall be placed in the Performance Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and subject to paragraph (6) of this subsection, the remaining savings shall be used for additional services identified as reinvestment priorities in the Justice Reinvestment Coordinating Council’s Final Report. The Board may recommend that a portion of the remaining savings identified under paragraph (5)(ii) of this subsection be: used for the development and implementation of a post–secondary education and workforce training program for each correctional institution in the Division of Correction that provides incarcerated individuals with the requisite training, certifications, and experience to obtain careers in in–demand job sectors; for fiscal year 2025 only, distributed to the Office of the Correctional Ombudsman; or distributed to the Maryland Parole Commission for the purpose of hiring psychologists to perform risk assessments of candidates for geriatric parole under § 7–310 of the Correctional Services Article. At each meeting of the Board, the Secretary of Health, or the Secretary’s designee, shall report to the Board: 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 may recommend that a unit of the State enter into a contract or agreement with a public or private entity to obtain assistance or financial resources to fund and otherwise further the purposes of this subtitle, including entering into public–private partnerships, social impact bonds, and opportunity compacts. If the Board makes a recommendation under subparagraph (i) of this paragraph, the Board shall provide written notice to the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the House Health and Government Operations Committee, in accordance with § 2–1257 of this article, of the recommendation. A unit of the State may not enter into a contract or an agreement recommended by the Board under subparagraph (i) of this paragraph until 60 days after the date of the notice provided in subparagraph (ii) of this paragraph. 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: a representative of the exclusive representative of the employees of the Division of Parole and Probation; a representative of the National Association for the Advancement of Colored People; a representative of CASA de Maryland; a representative of the American Civil Liberties Union; the chair of the Criminal Law and Practice Section of the Maryland State Bar Association or the chair’s designee; a representative of victims of domestic violence; a representative of victims of sexual assault; a representative with clinical experience and expertise in behavioral health and criminal justice; a representative of the Maryland Retailers Association; a representative of an organization whose mission is to develop and advocate for policies and programs to increase the skills, job opportunities, and incomes of low–skill, low–income workers and job seekers; a representative of an organization whose mission is to advocate for ex–offenders; and a representative of the Maryland Chamber of Commerce.

Semiannually, each county, 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 shall collect and report data to the Board that is disaggregated by race and ethnicity in order for the Board to perform its duties under § 9–3207 of this subtitle, including data relating to: 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. On or before March 31 each year, each county and the Division of Pretrial Detention and Services shall report to the Board the following information for the prior calendar year regarding individuals held in pretrial detention: 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.

There is a Performance Incentive Grant Fund. 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: ensure that the rights of crime victims are protected and enhanced; provide for pretrial risk assessments; provide for services to reduce pretrial detention; provide for diversion programs, including mediation and restorative justice programs; provide for recidivism reduction programming; provide for evidence–based practices and policies; provide for specialty courts; provide for reentry programs; provide for substance use disorder and community mental health service programs; and provide for any other program or service that will further the purposes established in paragraph (1) of this subsection. At least 5% of the grants provided to a county under this section shall be used to fund programs and services to ensure that the rights of crime victims are protected and enhanced. The grants shall be used to supplement, but not supplant, funds received from other sources. 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. The Fund consists of: 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 Fund may be used only for the purposes established in subsection (b) of this section. 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. Expenditures from the Fund may be made only in accordance with the State budget. Money expended from the Fund for programs to reduce recidivism and control correctional costs is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for these purposes.

The Board may perform any acts necessary and appropriate to carry out the powers and duties set forth in this subtitle.

In this section, “Commission” means the Local Government Justice Reinvestment Commission. There is a Local Government Justice Reinvestment Commission. The Commission shall: 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: is eligible for reappointment; and continues to serve until a successor is appointed and qualifies. 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. A member of the Commission: 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. The Governor’s Office of Crime Prevention and Policy shall provide staff for the Commission.

On or before December 31, 2017, and each year thereafter, the Board shall report to the Governor and, subject to § 2–1257 of this article, to the General Assembly on the activities of the Board and the Local Government Justice Reinvestment Commission.