HB 126
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 126 (Delegate Moon)
Judiciary Judicial Proceedings
Public Safety – Pretrial Services Program Grant Fund – Extension and Program
Requirements
This bill prohibits a pretrial services program that receives a grant from the Pretrial
Services Program Grant Fund from charging a fee to any defendant for participation in the
program. The bill also extends, from June 30, 2023, to June 30, 2028, the termination date
of the Pretrial Services Program Grant Fund within the Governor’s Office of Crime
Prevention, Youth, and Victim Services (GOCPYVS).
Fiscal Summary
State Effect: GOCPYVS can continue to administer the grant fund beyond FY 2023 with
existing staff. If funding is provided beyond FY 2023, general fund expenditures continue;
special fund revenues and expenditures continue correspondingly.
Local Effect: Potential decrease in local revenues from pretrial services program
participation fees that would otherwise be collected, as discussed below. Grant revenues
and expenditures continue – to the extent grant funding is otherwise available – in the
out-years due to the extension of the grant fund beyond FY 2023.
Small Business Effect: None.
 Analysis
Current Law:
Pretrial Services Program Grant Fund
Chapter 771 of 2018 established the Pretrial Services Program Grant Fund to provide grants
to eligible counties to establish pretrial services programs or to improve existing pretrial
services programs to comply with specified requirements. An eligible county is (1) a
county that does not provide defendants with pretrial services or (2) a county that does
provide defendants with pretrial services but seeks to improve the services to comply with
specified requirements for grant recipients. GOCPYVS administers the fund. Chapter 771
terminates June 30, 2023.
A pretrial services program established or improved using a grant from the fund must
(1) use a validated, evidence-based, and race-neutral risk scoring instrument that is
consistent with the Maryland Rules to make pretrial release-related recommendations to a
judicial officer; (2) apply best practices shown to be effective in other jurisdictions; and
(3) incorporate multiple levels of supervision based on defendant risk scores with features
that include specified items, including cellular telephone reminders of a defendant’s
hearing date and drug and alcohol testing. Pursuant to Chapter 41 of 2020, effective
July 1, 2021, a jurisdiction that uses a “pretrial risk scoring instrument” to determine the
eligibility of a defendant for pretrial release must have an independent validation study of
the instrument conducted at least once every five years. Chapter 41 also adds the
independent validation of a pretrial risk scoring tool as an authorized purpose for grants
from the Pretrial Services Program Grant Fund. Grant funds must be used to supplement
and not supplant any other funding for the establishment or improvement of a pretrial
services program.
State Fiscal Effect: The bill extends the termination date of the grant fund; to the extent
additional funding is provided, grant funding continues beyond fiscal 2023. However, the
extension of the termination date does not guarantee funding in future years, and funding
for the program has been inconsistent since implementation. The fiscal 2019 budget
included $1.0 million in general funds for GOCPYVS to provide grants, technical
assistance, and other support to local governments for the establishment, expansion, and
improvement of pretrial services agencies. However, no additional funding was provided
the following year, and the Pretrial Services Program Grant Fund ended fiscal 2020 with a
fund balance of approximately $75,000. The fiscal 2021 budget restricts $750,000 of the
general fund appropriation for the Administrative Office of the Courts for the purpose of
being transferred by budget amendment to GOCPYVS to be used for the Pretrial Services
Program Grant Fund. However, as of the date of this fiscal and policy note, the funds have
HB 126/ Page 2
not been transferred. If those funds are transferred, additional funding will be available in
fiscal 2021 for the grant fund; otherwise, the restricted funds revert to the general fund.
GOCPYVS can continue to administer the Pretrial Services Program Grant Fund with
existing staff. Although the Department of Public Safety and Correctional Services
(DPSCS) operates the pretrial services program in Baltimore City, as a State agency,
DPSCS is ineligible for a grant from the fund.
Local Fiscal Effect: Based on information received by the Department of Legislative
Services, as of January 2021, all but four jurisdictions in the State (Allegany, Charles,
Garrett, and Howard counties) currently operate pretrial services programs. The programs
vary in scope and services offered.
Local revenues may decrease due to the bill’s prohibition on the imposition of participation
fees by a recipient of a grant from the Pretrial Services Program Grant Fund. Many counties
do not charge fees for participation in pretrial services programs. For instance,
Anne Arundel, Montgomery, and Prince George’s counties advise that they do not charge
any fees to pretrial defendants. St. Mary’s County has historically advised that it does not
charge fees for pretrial services. Baltimore County advises that a prohibition on pretrial
services fees would result in a minor and immaterial decrease in county revenues.
Harford County advises that the bill does not affect county finances.
Grants from the fund appear to be one-time grants, not multi-year grants. The 11 awards
announced in December 2018 ranged from $29,250 to $165,546. If the bill is interpreted
as prohibiting the imposition of participation fees so long as the county is spending grant
funds (and not in perpetuity), then the bill may only have a temporary impact on applicable
counties.
Local grant revenues and expenditures continue – to the extent grant funding is otherwise
provided – in the out-years due to the extension of the grant fund beyond fiscal 2023.
Additional Information
Prior Introductions: HB 82 of 2020, as amended, passed the House and was referred to
the Senate Judicial Proceedings Committee, but no further action was taken. Its cross file,
SB 679, a similar bill, received a hearing in the Senate Judicial Proceedings Committee,
but no further action was taken.
Designated Cross File: SB 229 (Senators Waldstreicher and Carter) - Judicial
Proceedings.
HB 126/ Page 3
Information Source(s): Allegany, Anne Arundel, Baltimore, Charles, Garrett, Harford,
Howard, Montgomery, Prince George’s, and Wicomico counties; Maryland Association of
Counties; Baltimore City; Governor’s Office of Crime Prevention, Youth, and Victim
Services; Judiciary (Administrative Office of the Courts); Department of Legislative
Services
Fiscal Note History: First Reader - January 22, 2021
rh/jkb Third Reader - March 2, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 126/ Page 4


Statutes affected:
Text - First - Public Safety – Pretrial Services Program Grant Fund – Extension and Program Requirements: 41-101 Public Safety, 41-104 Public Safety, 41-102 Public Safety, 41-103 Public Safety, 41-104 Public Safety, 41-104 Public Safety
Text - Third - Public Safety – Pretrial Services Program Grant Fund – Extension and Program Requirements: 41-101 Public Safety, 41-104 Public Safety, 41-102 Public Safety, 41-103 Public Safety, 41-104 Public Safety, 41-104 Public Safety