Commission to Review and Assess Racial Disparities in the State Criminal Justice System - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1309*

HOUSE BILL 1309
E2, E4 6lr1601
CF SB 752
By: Delegates Crutchfield, Acevero, Addison, Alston, Amprey, Bartlett, Boafo ,
Boyce, Coley, Conaway, Davis, Fennell, Forbes, Harrison, Hill, Holmes,
Ivey, A. Johnson, Lehman, Lewis, J. Long, Martinez, McCaskill,
Mireku–North, Odom, Pasteur, Patterson, Phillips, Queen, Roberson,
Roberts, Rogers, Ross, Ruff, Sample –Hughes, Simmons, Smith, Spiegel,
Stinnett, Taveras, Taylor, Toles, Turner, Wells, White Holland, Wilkins,
Williams, Wims, Woods, and Young
Introduced and read first time: February 12, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Commission to Review and Assess Racial Disparities in the State Criminal 2
Justice System – Establishment 3

FOR the purpose of establishing the Commission to Review and Assess Racial Disparities 4
in the State Criminal Justice System to study and make recommendations on certain 5
matters involving the disparate treatment of African Americans, Hispanics, and 6
other non –White individuals in the State’s criminal justice system and other 7
criminal justice issues in the State; and generally relating to the Commission to 8
Review and Assess Racial Disparities in the State Criminal Justice System. 9

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That: 11

(a) There is a Commission to Review and Assess Racial Disparities in the State 12
Criminal Justice System. 13

(b) The Commission consists of the following members: 14

(1) two members of the Senate of Maryland, appointed by the President of 15
the Senate; 16

(2) two members of the House of Delegates, appointed by the Speaker of 17
the House; 18

(3) the Public Defender of Maryland, or the Public Defender’s designee; 19
2 HOUSE BILL 1309

(4) the Attorney General, or the Attorney General’s designee; 1

(5) one representative of the Administrative Office of the Courts, appointed 2
by the Chief Justice of the Supreme Court of Maryland; 3

(6) the Preside nt of the Maryland State’s Attorneys’ Association, or the 4
President’s designee; 5

(7) the Executive Director of the Maryland State Commission on Criminal 6
Sentencing Policy, or the Executive Director’s designee; 7

(8) four members of the public with a demonstrated interest and experience 8
in advocating for improvements to the State’s criminal justice system, with two members 9
appointed by the President of the Senate and two members appointed by the Speaker of the 10
House; and 11

(9) the following members appointed by the Governor: 12

(i) one representative of a nonprofit entity whose work involves 13
justice reform, such as the Vera Institute of Justice; and 14

(ii) one representative of a crime victims’ advocacy group. 15

(c) (1) The President of the Senate and the Speaker of the House shall each 16
designate one cochair of the Commission. 17

(2) The cochairs designated under paragraph (1) of this subsection shall 18
each have experience: 19

(i) practicing criminal law in both a prosecu torial and defense 20
capacity; 21

(ii) in judicial and administrative matters; and 22

(iii) in data –driven criminal justice research in an academic or 23
nonprofit context. 24

(d) (1) The Department of Legislative Services , with assistance from an 25
academic institution such as the University of Maryland or Morgan State University, shall 26
provide staff for the Commission. 27

(2) To the extent practicable, the staff provided under paragraph (1) of this 28
subsection shall have experience in data –driven criminal law r esearch and expertise in 29
criminal justice reform and other areas relevant to the work of the Commission. 30

(e) A member of the Commission: 31
HOUSE BILL 1309 3

(1) may not receive compensation as a member of the Commission; but 1

(2) is entitled to reimbursement for expens es under the Standard State 2
Travel Regulations, as provided in the State budget. 3

(f) (1) The Commission shall study and make recommendations on: 4

(i) the disparate treatment of African Americans, Hispanics, and 5
other non–White individuals in the State’s criminal justice system, including: 6

1. how cumulative impacts may result from disparate 7
policing, arrests, charging, pretrial detention, sentencing, community supervision, and 8
prosecution, including diversion and plea policies; and 9

2. the impacts of disparate mandatory minimum sentencing, 10
including for convictions for: 11

A. offenses involving firearms; and 12

B. individuals who are not alleged to be principals in the first 13
degree; 14

(ii) the need and alternative methods available to improve any racial 15
disparities and lack of transparency in the State’s criminal justice system; 16

(iii) improvements available to the systemic structures for 17
race–neutral risk and needs assessments diversion, sentencing alternatives, rehabilitative 18
sentencing, and reduction of recidivism; 19

(iv) the possibility of using resources of the Division of Parole and 20
Probation in the Department of Public Safety and Correctional Services to conduct pretrial 21
and presentence race –neutral risk and needs assessme nts that could be considered by 22
parties at the time of plea discussions and by judges at the time of sentencing; 23

(v) the potential to increase judicial discretion at sentencing to allow 24
judges to more closely consider as sentencing factors, including for individuals charged with 25
or convicted of crimes of violence or sex offenses: 26

1. the intent of the individuals being sentenced; and 27

2. the possibility for rehabilitation and reduction in 28
recidivism; 29

(vi) the possibility of modifying or abo lishing the State’s felony 30
murder doctrine for cases for individuals who are not alleged to be principals in the first 31
degree; 32
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(vii) the design and expansion of programs intended to: 1

1. reduce State prison populations; 2

2. be rehabilitative; and 3

3. further reduce the length of prison sentences in a manner 4
that is consistent with public safety; and 5

(viii) data collection methods for the ongoing monitoring of racial 6
disparities at each stage of the State’s criminal justice system , including identifying gaps 7
in existing data. 8

(2) The Commission shall: 9

(i) meet on or before September 1 6, 2026, and continue to meet at 10
least quarterly thereafter until submission of the final report required under subsection (g) 11
of this section; and 12

(ii) hold at least four public hearings to examine, discuss, and review 13
the items described in paragraph (1) of this subsection. 14

(g) (1) On or before October 1, 2027, the Commission shall submit an interim 15
report of its findings and recommendations to the Senate Judicial Proceedings Committee 16
and the House Judiciary Committee, in accordance with § 2–1257 of the State Government 17
Article. 18

(2) On or before September 1, 2028, the Commission shall submit a final 19
report of its findings and recommendations to the Senate Judicial Proceedings Committee 20
and the House Judiciary Committee, in accordance with § 2–1257 of the State Government 21
Article. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2026. It shall r emain effective for a period of 3 years and, at the end of June 30, 202 9, 24
this Act, with no further action required by the General Assembly, shall be abrogated and 25
of no further force and effect. 26