2025 Legislative Priorities
for Criminal Justice Reform in Maryland
Guilt by Association
Can people be found guilty of murder and sentenced to life in prison even if the court knows they didn’t kill anyone? In Maryland, the answer is yes, because of our state’s longstanding policy known as the “felony-murder rule.”
Maryland courts don’t keep track of how often this rule is used. But up to 25% of murder convictions in other states are for killings the defendant did not commit. Hawaii, Kentucky, Massachusetts, and Michigan have legislatively abolished the rule, as have most other countries. Pennsylvania has a similar bill under consideration. California and Illinois have substantially narrowed their felony-murder law.
Does the felony-murder rule deter crime? One survey found that fewer than 1% charged with felony murder knew of the rule before their arrest. Another study has found no difference in the crime rates of states with and without the felony-murder rule.
Yet approximately 50% of young men and 72% of young women received life sentences under this rule for killings they did not commit!
You can make a difference!
Work with MAJR to support a commission to determine how many people are unjustly incarcerated under this rule, and how to make Maryland law more just.
Justice for Youth
Decades ago, Maryland joined a U.S. “tough-on-crime” movement that treats many minors as adults and increases their penalties. These policies have led to large youth prison populations that disproportionately impact poor children and children of color.
Police who interrogate youth currently are permitted to lie to them, seeking to induce confessions. This immoral practice leads to false convictions of juveniles at a rate three times higher than adults, according to one study. Such unreliable confessions should be inadmissible in court!
In addition, under current Maryland law, the default for youth accused of committing certain categories of crimes is to prosecute them in adult court. But Maryland’s juvenile court system offers rehabilitative services tailored to the needs of juveniles.
The common-sense approach to address this problem is to start all juveniles charged with these serious crimes in the juvenile system, yet allow prosecutors to petition the juvenile court to move the case to adult court.
You can make a difference!
Please join MAJR in supporting legislation to implement both of these approaches in the 2025 Maryland General Assembly.
Pretrial Incarceration
It is the bedrock of the American criminal justice system that one accused of a crime is presumed innocent until proven guilty. But this is not the reality for a large number of Marylanders who experience pretrial incarceration. Especially those who are poor, Black, or Brown.
Anyone can be accused of a crime simply by someone signing a statement of charges before a District Court Commissioner, without any documentation or evidence whatsoever. In Maryland, a prosecutor may not have reviewed the merits of the accusation before a judge’s decision to hold or release the accused person until the trial date — which may be months away.
Defendants who find themselves in jail have difficulty planning their defense, contacting witnesses, and collecting evidence. Prosecutors may convince defendants to plead guilty, not necessarily because they are guilty, but because they need to get out of jail: the rent is due, they need their job, the children need to be cared for.
You can make a difference!
MAJR and Marylanders support a new commission to address pretrial incarceration: early screening of pretrial decisions; statistics on race and ethnicity of plea agreements; and investigation of policies on plea bargaining.
Geriatric and Medical Parole
The issuance of long sentences has resulted in an older and increasingly unhealthy population of Marylanders behind bars. Incarcerating older people is expensive—as much as triple the cost of imprisoning a younger person—and serves no counterbalancing public safety benefit.
People age out of crime, for a variety of reasons: they become less impulsive or more risk-averse; they may be less up to the physical demands of criminal activity. Equally important, over 10 or 20 years, they also often undergo profound moral and emotional changes, rendering them both deserving and capable of integrating into the community.
Older people make up five times more of the prison population than they did three decades ago. The Justice Policy Institute (JPI) estimates that Maryland imprisons approximately 3,000 people over age 50, and nearly 1,000 who are 60 or older. Geriatric and medical parole could have a huge impact on reducing our prison population and huge budget burden—safely.
Nearly every state allows people with certain serious medical conditions to be eligible for parole. Most states also have laws that allow for consideration for release when a person reaches a specified age. It’s time for Maryland to step up and pass such legislation as well.
You can make a difference!
Join with MAJR and Marylanders everywhere to achieve a more humane policy on parole.
Second Look Act
Second Look legislation would ensure that people who have been rehabilitated and have transformed their lives after years in prison have a meaningful avenue for release.
Second Look laws provide a path through the courts that would allow prisoners who have served at least 20 years to request hearings for possible resentencing.
Maryland has strong evidence in support of such legislation. In 2012, 235 people in Maryland who had been convicted before 1981 became eligible for retrial when their sentences were found unconstitutional. Because so much time had passed since their convictions, retrials were impractical and prosecutors often negotiated releases with more supervision time on probation.
Nearly 90 percent of those inmates were Black; they had served an average of 39 years; none had been released on parole; their average age was 64. By 2018, 188 of them had been released. As of 2021, they had less than a 3% recidivism rate as compared to 40% for the general prison population.
You can make a difference!
Join with MAJR and the Second Look Coalition in supporting legislation that would allow incarcerated people who have served 20 years or more to request a hearing for resentencing.
Solitary Confinement
Solitary confinement—generally known in Maryland as “restrictive housing”—was originally intended to separate dangerous prisoners from others, and to keep vulnerable prisoners safe temporarily.
But in Maryland solitary is used far more widely. Prisoners who have committed minor rule violations, many mentally ill, are often put in isolation, sometimes for long periods. They typically live in small cells for up to 22 or more hours a day—for weeks, months, or even years.
This practice often causes irreparable physical and mental harm, both to the individual and to others with whom they later have contact. Other, more positive alternatives could be used instead.
MAJR joins with Interfaith Action for Human Rights (IAHR) in supporting legislation to cap a single use of punitive solitary at 15 days; to prohibit it for vulnerable people; to severely limit the practice for juveniles; and to mandate that those involuntarily put in restrictive housing be allowed to contest their confinement.
You can make a difference!
Join with MAJR and IAHR to address inhumane punishments.
Clean Slate Initiative
Did you know that even after serving their time, many people face barriers to employment, housing, and education because old charges remain on their records? The current system requires individuals to petition for expungement even when:
- They were not found guilty,
- Charges were dismissed,
- They were not prosecuted,
- The conviction is no longer a crime,
- They were found not criminally responsible, or
- They were pardoned by the Governor.
These lingering records create significant obstacles for those striving to rebuild their lives. The Clean Slate Act of 2025 seeks to change that by introducing automatic sealing for eligible nonviolent misdemeanor and felony records, removing the need for individuals to navigate complex and costly petition processes.
Legislation is needed which would ensure a fairer pathway to second chances by automatically sealing records after set waiting periods, so Marylanders can move forward without unwarranted barriers.
You can make a difference!
Support the Clean Slate Act of 2025 and other expungement reforms to reduce waiting periods, eliminate barriers for mistaken identity cases, and promote the economic growth of our communities.
Fair Taxation
Returning citizens with state tax debts in Maryland face mounting interest during their incarceration. These financial burdens can hinder their reintegration, making it harder to achieve economic stability and secure employment.
Under current law, returning citizens are subject to high-interest rates and penalties on unpaid state taxes even if:
- They were incarcerated and unable to earn income,
- The tax debt accrued entirely during their incarceration,
- They are committed to paying their debt post-release but face severe financial strain.
The Maryland Fair Taxation for Returning Citizens Act provides a structured approach to assist returning citizens in managing state tax debt by capping interest rates; waiving penalties; offering payment plans; and providing education and outreach.
These provisions enable returning citizens to address their financial obligations, gradually allowing them to focus on rebuilding their lives and contributing positively to their communities without the overwhelming burden of accumulated tax debt.
You can make a difference!
Give returning citizens a fair chance at economic independence! Help promote economic stability and support the successful reintegration of returning citizens by supporting the Maryland Fair Taxation Act.
