HB 33
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 33 (Delegate Guyton, et al.)
Judiciary Judicial Proceedings
Criminal Law - Abuse or Neglect of a Vulnerable Adult - Causing Severe
Emotional Distress
This bill expands the crime of abuse or neglect of a vulnerable adult in the second degree
by prohibiting a caregiver, a parent, a household member, a family member, or other person
who has permanent or temporary care or responsibility for the supervision of a vulnerable
adult from intentionally and maliciously inflicting severe emotional distress on the
vulnerable adult.
Fiscal Summary
State Effect: Minimal increase in general fund revenues and expenditures due to the bill’s
expanded application of an existing penalty provision.
Local Effect: Minimal increase in local revenues and expenditures due to the bill’s
expanded application of an existing penalty provision. Potential increase in expenditures
for Montgomery County, as discussed below.
Small Business Effect: None.
Analysis
Current Law: Under the prohibition on abuse or neglect of a vulnerable adult in the
second degree, a caregiver, a parent, a household member, a family member, or other
person who has permanent or temporary care or responsibility for the supervision of a
vulnerable adult may not cause abuse or neglect of the vulnerable adult.
“Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result
of cruel or inhumane treatment or as a result of a malicious act under circumstances that
indicate that the vulnerable adult’s health or welfare is harmed or threatened. “Abuse” does
not include an accepted medical or behavioral procedure ordered by a health care provider
authorized to practice under the Health Occupations Article or emergency
medical personnel acting within the scope of the health care provider’s practice. The
second-degree prohibition does not apply to sexual abuse of a vulnerable adult; those acts
are prohibited under the crime of first-degree abuse or neglect of a vulnerable adult.
“Neglect” means the intentional failure to provide necessary assistance and resources for
the physical needs of a vulnerable adult. “Neglect” does not include the provision of
nonmedical remedial care and treatment for the healing of injury or disease that is given
with the consent of the vulnerable adult and recognized by State law in place of medical
treatment.
A violator of second-degree abuse or neglect of a vulnerable adult is guilty of a
misdemeanor and subject to maximum penalties of imprisonment for five years and/or a
$5,000 fine. A sentence imposed for second-degree abuse or neglect of a vulnerable adult
must be in addition to any other sentence imposed for a conviction arising from the same
facts and circumstances unless the evidence required to prove each crime is substantially
identical.
Background: The Maryland State Commission on Criminal Sentencing Policy
(MSCCSP) advises that a review of the Maryland Sentencing Guidelines Database
indicates that MSCCSP received information for 11 individuals sentenced for abuse or
neglect of a vulnerable adult in the second degree in the State’s circuit courts during
fiscal 2019.
State Revenues: General fund revenues increase minimally as a result of the bill’s
expanded application of an existing monetary penalty provision from cases heard in the
District Court.
State Expenditures: General fund expenditures increase minimally as a result of the bill’s
expanded application of an existing incarceration penalty due to more people being
committed to State correctional facilities and increased payments to counties for
reimbursement of inmate costs. The number of people convicted of this proposed crime is
expected to be minimal.
Persons serving a sentence longer than 18 months are incarcerated in State
correctional facilities. Currently, the average total cost per inmate, including overhead, is
estimated at $3,700 per month. Persons serving a sentence of one year or less in a
jurisdiction other than Baltimore City are sentenced to local detention facilities. For
persons sentenced to a term of between 12 and 18 months, the sentencing judge has the
HB 33/ Page 2
discretion to order that the sentence be served at a local facility or a State correctional
facility. The State provides assistance to the counties for locally sentenced inmates and for
(1) inmates who are sentenced to and awaiting transfer to the State correctional system;
(2) sentenced inmates confined in a local detention center between 12 and 18 months; and
(3) inmates who have been sentenced to the custody of the State but are confined in or who
receive reentry or other prerelease programming and services from a local facility.
The State does not pay for pretrial detention time in a local correctional facility. Persons
sentenced in Baltimore City are generally incarcerated in State correctional facilities. The
Baltimore Pretrial Complex, a State-operated facility, is used primarily for pretrial
detentions.
Local Revenues: Revenues increase minimally as a result of the bill’s expanded
application of an existing monetary penalty provision from cases heard in the circuit courts.
Local Expenditures: Expenditures increase minimally as a result of the bill’s expanded
application of an existing incarceration penalty. Counties pay the full cost of incarceration
for people in their facilities for the first 12 months of the sentence. Per diem operating costs
of local detention facilities have ranged from approximately $40 to $170 per inmate in
recent years.
Baltimore City and Harford County advise that the bill does not result in a fiscal impact.
However, Montgomery County advises that the bill may increase the number of
Adult Protective Services investigations, facilitating the need for an additional full-time
social worker and an additional full-time county attorney at an estimated cost of
$310,154 in fiscal 2021, increasing to $335,721 by fiscal 2025.
Additional Information
Prior Introductions: HB 561 of 2019, a somewhat similar bill, received a hearing in the
House Judiciary Committee but was later withdrawn.
Designated Cross File: SB 153 (Senator West) - Judicial Proceedings.
Information Source(s): Baltimore City; Harford and Montgomery counties; Maryland
State Commission on Criminal Sentencing Policy; Judiciary (Administrative Office of the
Courts); Office of the Public Defender; Maryland State’s Attorneys’ Association;
Department of Public Safety and Correctional Services; Department of Legislative
Services
HB 33/ Page 3
Fiscal Note History: First Reader - January 15, 2020
rh/aad Third Reader - March 16, 2020
Revised - Amendment(s) - March 16, 2020
Analysis by: Hillary J. Cleckler Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 33/ Page 4


Statutes affected:
Text - First - Criminal Law - Abuse or Neglect of a Vulnerable Adult - Causing Severe Emotional Distress: 3-604 Criminal Law, 3-605 Criminal Law
Text - Third - Criminal Law - Abuse or Neglect of a Vulnerable Adult - Causing Severe Emotional Distress: 3-604 Criminal Law, 3-605 Criminal Law