THE TIME IS NOW: Maryland General Assembly Must Pass Comprehensive Crime Legislation

Governor Calls On Legislators To Support Important Legislation To Remove Repeat Violent Criminals Off Of Our Streets - Place Them Behind Bars Where They Belong

“This is a very comprehensive crime bill. I believe it will make a tremendous difference in gun crime, murder rate, and violent gang activity that is taking place, not just in Baltimore City, but in other places across the state.” - Governor Larry Hogan, March 6, 2018

Omnibus, Bipartisan Crime Legislation, The Comprehensive Crime Bill Of 2018, Includes Numerous Policies Supported/Introduced By Governor Hogan

Governor Hogan Introduced Truth-In-Sentencing Legislation, The Accountability For Violent Criminals Act Of 2018, To Ensure That Repeat Violent Offenders Serve Their Full Sentence And Are Ineligible For Parole; The Comprehensive Crime Bill Of 2018 Removes Parole For Repeat Violent Offenders. “(2) (I) On conviction for a second time of a crime of violence committed on or after October 1, 2018, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person: has been convicted on a prior occasion for a crime committed before October 1, 2018; and served a term of confinement in a correctional facility for that conviction. The court may not suspend all or part of the mandatory 10-year sentence required under this paragraph. A person sentenced under this paragraph is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.” (“Senate Bill 122,” Maryland General Assembly, 3/8/18)

Governor Hogan Introduced Legislation To Increase Penalties For Repeat Violent Offenders Who Use Firearms To Commit Crimes; Administration’s Proposed Legislation Increases Sentence For Repeat Offenders From 5 To 10 Years And Makes The Use Of A Firearm In Commission Of A Violent Crime A Felony, Increases Maximum Penalty From 20 to 40 Years; Comprehensive Crime Act of 2018 Includes Similar Provisions. “(c) (1) (i) A person who violates this section is guilty of a felony and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced: for a first offense, to imprisonment for not less than 5 years and not exceeding 20 years; or for a second or subsequent offense, to imprisonment for not less than 10 years and not exceeding 40 years. The court may not impose less than the minimum sentence of 5 years for a sentence imposed under subparagraph (i)1 of this paragraph. The court may not impose less than the minimum sentence of 10 years for a sentence imposed under subparagraph (i)2 of this paragraph. The court may not suspend the first 5 years of a mandatory minimum sentence imposed under subparagraph (i)2 of this paragraph.” (“Senate Bill 122,” Maryland General Assembly, 3/8/18)

Governor Hogan Introduced Legislation To Prohibit Violent Offenders From Being Ordered to Treatment In Lieu of Incarceration Until They Are Eligible For Parole; Similar Provisions Are Included In The Comprehensive Crime Bill Of 2018. “If a defendant is charged with, convicted of, or serving a sentence for a crime of violence as defined under § 14-101 of the Criminal Law Article, a court in a criminal case may not commit a defendant to the Department for treatment under this section under any of the following circumstances: Before or during trial; Before sentencing; or For a defendant who is sentenced to imprisonment, until the defendant is eligible for parole…. If a defendant is charged with, convicted of, or serving a sentence for a crime of violence as defined under § 14-101 of the Criminal Law Article, a court may not order the Department to evaluate a defendant under this section under any of the following circumstances: Before or during a criminal trial; Before sentencing; or For a defendant who is sentenced to imprisonment, until the defendant is eligible for parole.” (“Senate Bill 122,” Maryland General Assembly, 3/8/18)
Over 150 Violent Criminals Have Abused Current Law By Using A Legal Loophole To Leave Prison Early. “Gov. Larry Hogan, a Republican, introduced legislation this year that would make violent offenders wait until they are eligible for parole before they may be released for treatment. According to Maryland’s Department of Legislative Services, the 152 inmates convicted of violent crimes who received court-ordered releases through the program last year got out of prison an average of nearly four years earlier than they would have otherwise. ‘A largely unknown and secretive legal loophole that allows violent criminals out of jail before they are even eligible for parole is extremely dangerous and needs to be ended immediately,’ says Doug Mayer, Hogan’s spokesman. ‘This is a worthwhile program, but it is being abused in ways the original supporters and most Marylanders could have never imagined.’” (Luke Broadwater, “A Maryland Law Lets Violent Convicts Leave Prison Early For Drug Treatment. Some Say It’s Being Abused,” The Baltimore Sun, 3/7/18)

Legislation Introduced by Governor Hogan Would Expand Maryland’s Volume Dealer Law To Include Fentanyl; The Comprehensive Crime Bill Of 2018 Imposes A Minimum Sentence Of Five Years For Individuals Who Manufacture, Distribute, Dispense, Or Possess A Large Amount Of Fentanyl. “A person may not manufacture, distribute, dispense, or possess:... 5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration; 28 grams or more of any mixture containing a detectable amount of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;... A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.” (“Senate Bill 122,” Maryland General Assembly, 3/8/18)

The Comprehensive Crime Act Of 2018 Receives Strong Bipartisan Support

Governor Hogan Has Noted That The Comprehensive Crime Act Strikes An Important Balance. “Our answer to the senseless and tragic violence in Baltimore must strike an important balance between taking immediate action to remove violent offenders from our streets and enacting policies that will improve the safety of our communities for months and years into the future. The Comprehensive Crime Act of 2018, which was passed by the Maryland Senate by wide bipartisan margins last week, does just that.” (Governor Larry Hogan, “Crime Bill Strikes The Right Balance,” The Baltimore Sun, 3/26/18)
Governor Hogan: “Maryland has a proud history of bipartisanship when it comes to criminal justice reform. We worked together to enact the Justice Reinvestment Act, which transformed the criminal justice system by providing drug treatment to more nonviolent offenders, reducing our prison population, and offering second chances for those re-entering society. Now, it’s time to work together to pass meaningful legislation to protect our communities from violent crime and ensure that those who commit heinous acts are brought to justice.” (Governor Larry Hogan, “Crime Bill Strikes The Right Balance,”The Baltimore Sun, 3/26/18)

Baltimore City Mayor Catherine Pugh: "Violent criminals who perpetuate terror in our neighborhoods need to be held accountable… This bill strengthens the hand of justice in dealing with repeat violent offenders and drug traffickers while giving additional resources for witness protection. (Brian Witte, “Maryland Senate Passes Crime Bill Combining Measures,” The Associated Press, 3/12/18)

Senator Bobby Zirkin: “This bill focuses like a laser beam on the violent offenders.” (Michael Dresser, “Maryland Senate Readies Crime Bill That Includes Some Of Gov. Hogan’s Ideas, Cuts Others,” The Baltimore Sun, 3/4/18)

Senator Michael Hough: “It envisions a lot of what the governor put in… It’s going to be a big bipartisan win.” (Michael Dresser, “Maryland Senate Readies Crime Bill That Includes Some Of Gov. Hogan’s Ideas, Cuts Others,” The Baltimore Sun, 3/4/18)

Baltimore County State’s Attorney Scott Shellenberger: “The parts I’ve seen are very good and I think they will certainly help in fighting violent crime everywhere in the state.” (Michael Dresser, “Maryland Senate Readies Crime Bill That Includes Some Of Gov. Hogan’s Ideas, Cuts Others,” The Baltimore Sun, 3/4/18)

Passing The Comprehensive Crime Bill Of 2018 Is Critical To Making Maryland Safer And Working To End The Cycle Of Violence In Our Streets

Governor Hogan: “Let me be crystal clear – I have absolutely no tolerance whatsoever for these repeat violent offenders or these criminal gangs causing lawlessness in our streets… Our focus is to give law enforcement officers, prosecutors, and judges the tools they need to get these violent criminals off the streets and into prison.” (Press Release, “Governor Larry Hogan Announces Statewide Violent Crime Initiatives,” Office Of The Governor, 12/5/17)

In February 2018, Governor Hogan, U.S. Marshals, And State And Local Law Enforcement Announced Tremendous Success In Joint Operations To Combat Criminal Gang Enterprises And Repeat Violent Offenders

These Efforts Have Resulted In More Than 500 Arrests, Including The Removal Of Over 250 Of Baltimore City’s Most Violent Criminals From The Streets, And Over 44,000 Premises Checks. “These joint operations have resulted in more than 500 arrests in Baltimore City, including 10 individuals who have been charged with murder; 10 charged with attempted murder; 21 charged with serious gun or weapons charges; and 76 charged with aggravated assault or assault. Further, 25 percent of all of the sex offender warrants in the city were cleared. Law enforcement also executed 44,135 premise checks, responded to 5,665 calls for service, issued 5,333 citations, closed an additional 261 high-priority warrants and made 263 additional arrests.” (Press Release, “Governor Larry Hogan, U.S. Marshals, State and Local Law Enforcement Provide Update on Violent Crime in Baltimore,” Office Of The Governor, 2/21/18)
Johnny Hughes, United States Marshal: “Baltimore City is now a safer place with the arrest of these violent felons, many of which are repeat violent offenders,” said United States Marshal Johnny Hughes, District of Maryland. “I want to send a special thanks to our federal and local partners. Great teamwork!” (Press Release, “Governor Larry Hogan, U.S. Marshals, State and Local Law Enforcement Provide Update on Violent Crime in Baltimore,” Office Of The Governor, 2/21/18)