The Justice Reinvestment Act of 2016 (JRA) was passed by both houses of the Maryland General Assembly, effective April 6, 2016. Governor Larry Hogan then signed the JRA bill into law on May 19, 2016.
The JRA aims to decrease Maryland’s prison population and redirect the resulting savings to offer more effective treatment for offenders at all stages—before, during, and after incarceration. This approach is designed to lower the chances of reoffending while also providing support to victims and families.
The Justice Reinvestment Act (Chapter 515) marks the most extensive criminal justice reform in a generation. It focuses on holding individual offenders accountable for their actions while also ensuring that the government responsibly manages taxpayer funds and maintains safe communities.
The Act prioritizes treatment for individuals battling addiction, amplifies the voices of victims, and enhances community supervision through evidence-based practices. The sections of the Act related to crimes, corrections, and the courts took effect on October 1, 2017, while the establishment of the Justice Reinvestment Oversight Board and the required reports and studies became effective on October 1, 2016.
Some of the components of the JRA include:
- Eliminates mandatory minimum sentences for controlled dangerous substance felonies; maintains mandatory minimums for violent offenders, volume dealers, drug kingpins, and firearms-related offenses
- Third and subsequent controlled dangerous substance felony offenses are eligible for parole at 50 percent of time served, instead of the current 25 percent Reinvestment Priorities
- Provides subsequent drug offenders currently serving a mandatory minimum sentence an opportunity to appeal the sentence for up to one year
- Doubles the sentence for controlled dangerous substance felonies where there is a prior crime of violence
- Creates Racketeer Influenced and Corrupt Organizations (RICO) language similar to federal language to allow prosecutors to target high level drug traffickers
- Maximum sentence for second degree murder increased from 30 to 40 years
- Maximum sentence for child abuse that results in death increased to life sentence
- Theft will be charged as a felony at $1,500 instead of $1,000 with a maximum sentence of 5 years, and theft charges under $1,500 will be charged as a misdemeanor with a maximum sentence of 18 months
- Administrative release process for low level offenders at 25 percent of sentence served if a case plan is followed, there are no major conduct infractions, the victim does not request a hearing, and the Parole Commission deems a hearing unnecessary
- Eliminates disparity between crack and powder cocaine for volume dealers
- Eliminates jail time for driving while suspended for failure to pay a fine
- Lowers age for geriatric parole eligibility from 65 years old to 60 after individual has served 15 years; makes previously eligible sex offenders ineligible
- Expands the use of medical parole
- Probation changes including: revocation caps for technical violations (i.e., violations not involving new crimes) of parole and probation: 1st offense – up to 15 days; 2nd – up to 30 days; 3rd – up to 45 days; 4th and subsequent – judicial discretion up to the remainder of the sentence
- and more
To follow updates from the Governor of Maryland, visit the Governor’s Office of Crime Prevention and Policy at https://gocpp.maryland.gov/
For more information on the JRA, how it may affect you or a loved one, and for more details, contact us for a free, no-obligation phone consultation.