Crime-October-2019

Maryland General Assembly

Task Force to Study Crime Classification and Penalties

Agenda Tuesday, October 29, 2019 10:00 a.m.

Judiciary Committee Room, Room 100, House Office Building Annapolis, Maryland

  1. Welcome and Introduction
  2. Remarks from Legislators
  3. Charge of the Task Force
  4. Selection of a Chair
  5. Discussion of Planning and Objectives

Website

http://dls.maryland.gov/policy-areas/task-force-to-study-crime-classification-and-penalties

Membership

  • Senator Michael J. Hough
  • Senator Jeff Waldstreicher
  • Senator Mary Washington ** Chair
  • Delegate Daniel L. Cox
  • Delegate Emily Shetty
  • Delegate Charles E. Sydnor, III
  • Professor David M. Jaros                      Univ Balt. Law
  • Rachel Kamins, Esq                               OPD
  • Hannibal Kemerer                                 AttyGeneral’s Office
  • Carl Kotowski                                         GOCCP
  • Judge Daniel M. Long                          JROB
  • Scott Patterson, Esq                             OPD
  • Scott Shellenberger, Esq                     Balt CO Prosecutor
  • David A. Soule, Ph.D.                          Sentencing Commission

Staff:

Member remarks:

After brief introductions, Senator Hough discussed the intent of the legislation which he co-sponsored with Delegate Cox. As he saw it there were gross inconsistencies in the application of the concept of felony and misdemeanor in Maryland.  Some misdemeanors had much more severe penalties than some felonies.  Indeed Maryland had no classification system for serious crimes. It was the committee’s charge to bring order to this chaotic environment.

Senator Hough also noted that it makes a difference to the expungement process whether the crime was considered a felony or a misdemeanor.  There are significant collateral consequences of how a crime is classified. He also felt that Maryland “over-criminalizes” offenses.

Senator Cox added that there are also administrative penalties which can be severe, and this adds to the confusion of what is a crime – or how should penalties be determined.

Senator Washington agreed and added that the “penalty should be commensurate with the crime.” As a social scientist she is convinced that a good categorization or classification system would make racial, class, and gender disparities more evident.

Review of the Task Force charges

House Bill 542 (Delegate Cox, et al.) Task Force to Study Crime Classification and Penalties

Bill Summary: The task force must:

  • review the penalties for all criminal and civil violations throughout the Maryland Code;
  • study the history and legislative intent of the classification of criminal and civil violations throughout the Maryland Code, including the constitutional implications and collateral consequences that arise as a result of classification;
  • study criminal classifications and penalty schemes in other states and how those classifications and schemes compare to those in the State; and
  • make recommendations regarding the current statutory scheme for criminal and civil violations throughout the Maryland Code, including
    • whether there are violations that should be reclassified as civil offenses, misdemeanors, or felonies;
    • whether there are penalties that should be altered;
    • whether the State would benefit from the imposition of standardized crime classifications and penalties, the codification of a default mental state as an element of criminal liability, and the codification of affirmative defenses and their elements;
    • whether statutory changes are necessary for provisions of criminal law that lack an explicit mens rea; and
    • what limitations, if any should be placed on the ability of administrative boards, agencies, local governments, appointed commissioners, or of other persons or entities to enact rules, regulations, ordinances, or laws providing for criminal penalties.

Selection of the Task Force Chair

Senator Mary Washington was nominated, as was Senator Michael Hough.  Senator Hough declined in favor of Senator Washington who was then approved as chair.

Discussion

Senator Hough noted that Ohio had a large recodification project – we might learn from them.  Mr. Shellenberger noted that another committee arranged a Webinar to avoid travel expenses. Senator Hough wanted to know how much has already been done by prior commissions and task forces like the sentencing commission. Judge Long thought that Don Hogan might be a good resource to address this.

Mr. Shellenberger discussed classification: the committee should be clear on what’s a misdemeanor versus a felony; what’s derived from common law versus statutory law; what legislation (if any) defined the crime.  There exists a 900+ page “Commissioners Bench Book” which would cover most of Maryland law [but not all].  Jamie Lancaster noted that there are multiple lists which try to enumerate the crimes in Maryland.

Senator Washington wanted to know if there are academic studies focused on classification or categorization of crimes?  Professor Jaros thought there was nothing useful (current) available. Studies from other states might not pertain to Maryland.

Mr. Kemerer thought there should be an interim report or letter from the task force to the General Assembly and Committees for the 2020 legislative session outlining the upcoming work of the task force. Senator Washington thought that a good idea.

Again Senator Washington wanted to know what literature was available on the history and legislative intent (generally) in establishing a particular crime.  Shellenberger thought there was not.

Future Meetings

It was agreed that the next meeting would be November 19, 10am.  The December meeting was scheduled to be December 3rd at 10am or 1pm (tbd).