Councilwoman Nancy Navarro (D-Dist. 4) of Silver Spring said she has drafted a resolution opposing the Secure Communities program, which she and leaders in Montgomery’s minority community say could alienate immigrants and lead to more crime.

“The problem with this initiative in other jurisdictions is that it has led to real concerns with racial profiling and increased mistrust in the community overall,” Navarro said.

Navarro said she was shocked to learn last week that Montgomery County — where a third of the state’s Hispanic population lives — was expecting to implement the federal program.

…

Since its implementation in Maryland in October 2008, Secure Communities has been responsible for the deportation of 293 illegal immigrants, as of March 31, he said.

The bulk of those — 223 — came from Prince George’s County; however, 145 people, or 65 percent, had no criminal record, and the reasons they were brought to jail were too minor for the county to pursue, Feinstein said.

“Secure Communities has created a crisis in Prince George’s County, where it was first activated,” said Gustavo Andrade, senior manager for organizing with advocacy group Casa of Maryland. “We would have hoped for much stronger leadership from Montgomery County in dealing with this crisis.”

Casa is calling for a moratorium on adoption of the program or its abandonment, he said.

However, law enforcement officials in Montgomery County say Secure Communities is similar to its current procedures.

Officers provide weekly reports of convicted violent offenders and people involved in gun-related offenses to the federal government for potential flagging, as well as keep a database of foreign-born detainees at the county jail, said Patrick K. Lacefield, a county spokesman.

Correctional Training Commission:  SB 63 is a departmental bill that grants the Secretary of Public Safety and Correctional Services increased control over the appointment of the executive directors and staff  for the Correctional Training Commission and the Police Training Commission.  Status:  After opposition from MACo and local corrections administrators, the Secretary withdrew the bill and pledged to work more closely with MACo and local corrections officials over the interim.

Certification of Local Law Enforcement Officers to Provide Emergency Medical Services:  HB 215 is a departmental bill that exempts a law enforcement officer from the general requirement that an individual may not provide emergency medical services in the State unless the Maryland Institute for Emergency Medical Services Systems (MIEMMS) has issued the individual a license or certificate.  As introduced, the bill would have required a law enforcement officer to successfully complete a law enforcement medical care course approved by MIEMMS.  Status:  MACo supported the bill with amendments clarifying that a law enforcement officer could meet the training requirement for the exemption by completing a nationally recognized course, even if it was not approved by MIEMMS.  MIEMMS worked with MACo on joint amendments and the bill has passed the House with the agreed-upon amendments. MACo Testimony

State Reimbursement For Inmates Sentenced to Local Jail Facilities:  MACo supported HB 504 / SB 118, which prohibits a judge from sentencing an individual to a local correctional facility for longer than 12 months (current law is 18 months).  The bill was introduced to educate the Judiciary and Judicial Proceedings committees about last-minute change to a long-standing State reimbursement formula for inmates being held in local jails that was done without notice or debate in the closing days of the 2009 Session.  Status:  Given the fiscal cost to the State, the bills received unfavorable reports in both the House and Senate.  MACo recognized the bills never had a chance of passing and were primarily “message” bills to let the policy committees know about the ramifications of the formula change, which they never had the chance to consider.  Through the efforts of both MACo and the Maryland Correctional Administrators Association, the House Judiciary Committee will send a letter this week to Governor O’Malley discussing restoration of the reimbursement formula. MACo Testimony

Administrative Enforcement of Parking Violations:  MACo supported HB 577 / SB 301, which authorizes a local government to create an administrative system for the issuance and adjudication of parking citations.  Many other states and cities have adopted such a system, which makes the process more efficient and relieves caseload stress on the court system.  Status:  Citing concerns over the criteria that would ensure the impartiality of the administrative body charged with adjudicating parking violations, the bills received unfavorable reports in both the House and Senate. MACo Testimony

Inmate Health Care Costs for Local Jails:  SB 855 provides that local jails are not responsible for paying inmate health care costs where the inmate has a pre-existing condition or for injuries that are self-inflicted.  MACo did not take a position on the bill but the bill was supported by local correctional officials.  Status:  The bill was heard on March 22 by the Senate Judicial Proceedings Committee and it is unlikely the Committee will pass the bill. MACo Previous Blog Coverage

The Committee took the following actions affecting local governments.

Teacher Pensions – Rejected a Department of Legislative Services (DLS) recommendation to transfer 50 percent of teacher retirement expenses to the local boards of education. However, the Committee did approve charging an administrative fee to local employers (local boards of education, libraries, and community colleges) on whose behalf the State makes retirement payments.  The cost per employee is $163 and it generates $17 million in revenue.

Transportation Trust Fund and Local Roadways – Adopted a proposal to provide a one-time payment of $13.2 million to counties and municipalities, $5 million and $8.2 million respectively, for local roadways.  Motor vehicle titling and vanity tag fees are being increased to provide the funding.  The Committee also adopted a statutory provision to require a five year repayment plan for any future transfers of Transportation Trust Fund (TTF) revenues to the General Fund instead of a constitutional firewall.  Lastly, the Committee adopted DLS’s recommendation to “true up” or reconcile special fund and general funds within the TTF.

Flat Funding at the FY 2012 Level – Rejected a provision in the proposed budget that would have authorized the Governor to flat fund nearly all programs (with the limited exceptions of education, employee retirement, MARBIDCO, and the Rainy Day Fund) at the FY 2012 level for FY 2013 through 2016. MACo had objected to this provision as being overbroad and too long-term.

Assessment Function Shift – Modified the proposal in the Governor’s budget to transfer assessment costs to the counties to shift 50 percent of costs instead of the 90 percent as originally proposed.

Shift of Parole Cost – Rejected a DLS recommendation to require counties to reimburse the Parole Commission for the costs of conducting parole hearings and instead adopted language to implement a pilot program using a video conferencing system to hold local inmate parole hearings.  The following counties have been identified for the pilot: Allegany, Baltimore, Frederick, Prince George’s, and Washington.

Education, K-12 – Restored $58.5 million in education funding by setting the per pupil amount used in the education formulas, including GCEI, at $6,694.  In the Governor’s proposed budget, the per pupil amount was reduced by $150 from $6,749 to $6,599, but GCEI was funded at the full amount.

Education, Children in Nonpublic Residential Placements – Adopted a proposal in the Governor’s budget to require local school systems to pay for a share of costs of children in State custody who are placed in a nonpublic residential placement that provides education for the child.  Local cost is defined as the average amount spent by a county from county and State dollars for the education of a nondisabled child

Community Colleges – Adopted a DLS recommendation to reduce funding for community colleges by freezing the formula percentage at 18.5% of the per student funding amount for FY 2012 and 2013 and pushing out the full phase-in with a formula percentage of 29% until FY 2023.

Maryland Mined Coal – Restored the Maryland Mined Coal Tax Credit

Program Open Space – Rejected a DLS recommendation to direct all transfer tax revenue, which funds Program Open Space (POS) and other land preservation programs, to the General Fund and establish a statutory minimum funding level for all programs of $50 million.  Local governments would receive significantly less POS funding in FY 2013 through FY 2016.

State Forest and Park Reserves – Modified the proposal in the Governor’s budget to repeal the statutory requirement for payment in lieu of taxes for State forest and park reserves and Deep Creek Lake revenues to discontinue the payments only in FY 2012 and 2013 and restore the timber and Deep Creek Lake revenues.

Horse Racing Impact Aid – Adopted a DLS recommendation to delete horse racing impact aid to local jurisdictions, $1.2 million.

Food Service Facility Fees – House adopted language to authorize all county boards of health to establish fees for food service facilities based on actual cost of licensing and conducting related food safety inspections.

• Administrative Charge for Users of State Retirement Agency

Provision as Recommended by DLS: Change the revenue source of the agency’s expenditures from the pension trust to a charge of the State agencies and local employers that receive State funding for their retirement costs. Charge would begin in fiscal 2013.

Explanation:  This recommendation would levy a per-employee administrative charge against  State and local employers that receive State funding for their retirement costs.  The charge is approximately $163 per participant and, at the local level, would apply to the local boards of education and other non-State managed entities such as local libraries and community colleges generating approximately $17.3 million in State revenue.

• Reimbursement from Local Jurisdiction for Parole Services

Provision as Recommended by DLS: Require local jurisdictions to reimburse the Maryland Parole Commission (MPC) for costs of conducting parole hearings for inmates in local correctional facilities.

Explanation:  This recommendation would shift the Division of Parole and Probation personnel costs for conducting the pre-parole investigation and Maryland Parole Commission personnel costs for scheduling, processing, and conducting parole proceedings for locally held inmates, and travel costs to local jurisdictions.  The fiscal effect on each jurisdiction will vary depending on the cost of providing a parole hearing in that county and the number of hearings scheduled.  It is estimated that this change will reduce State general fund expenditures by approximately $575,000 and increase State special fund revenue equal to the amount of the total per county reimbursement as determined by the MPC.  DLS also recommended the use of video teleconferencing services and equipment to reduce county costs.

• Transfer Tax Redirection to General Fund

Provision as Recommended by DLS: Permanently redirect to the general fund, beginning in fiscal 2013, the annual State transfer tax revenue attributable to the 0.5% of the consideration paid for the transfer of real property from one owner to another. Mandate minimum funding levels from either general funds or general obligation bond funds for programs and purposes that under current statutory provision receive an allocation of State transfer tax revenues as provided for in Section 13-209 of the Tax – Property Article and Section 5-903 of the Natural Resources Article.

Modify the existing allocation under Section 13-209 of the Tax – Property Article and Section 5-903 of the Natural Resources Article to add the additional 1.0% State land acquisition amount to the 75.15% Program Open Space (POS) allocation and remove certain provisions. Remove from statute the following provisions: (1) the Department of Natural Resources (DNR), the Department of General Services, and the Maryland Department of Planning (MDP) receiving up to 3.0% of the overall transfer tax revenue for administrative expenses; (2) State parks and forests receiving the greater of $21.0 million or 21.0% of the POS allocation; and (3) the POS Capital Development allocation providing up to $1.2 million for operating State forests and parks. Beginning in fiscal 2013, these expenses would be supported by the general fund.Modify the provision in Section 13-209 (g) of the Tax-Property Article requiring replacement of transfers of State transfer tax revenues to the general fund to apply only to the fiscal 2006 transfers.
In addition, add a provision whereby the mandated fiscal 2013 funding levels would be reduced by any fiscal 2011 transfer tax revenue underattainment.

Explanation:  This recommendation will permanently redirect the State transfer tax revenue that is currently used for State land preservation and heritage programs to the general fund and funds these programs out of the general fund budget at the mandated minimum level of $50 million under a modified allocation methodology.  Additional general fund revenue is retained in the general fund to be used for other purposes.  For FY 2012,  the general fund will receive an additional $56.7 million in revenue, increasing to $93.3 million in FY 2016.

The local share of POS will be flat funded at a considerably lower amount of $17.5 million in FY 2013 through FY 2016.

From the DLS explanation:

A variety of operational issues exist with providing parole-eligibility for local inmates, including inadequate caseloads and poor communication between state agencies and local correctional facilities. The result is a costly and inefficient system that limits the number of locally sentenced inmates who receive parole hearings in a timely manner. This action would reduce funding for the Maryland Parole Commission (MPC) and the Division of Parole and Probation (DPP) associated with providing parole to locally sentenced inmates, contingent on enactment of legislation requiring MPC to identify the cost per county for providing parole and requiring the counties to pay the cost in its entirety. This action also restricts funding in the Division of Correction for per diem grants, paid to local jurisdictions for housing offenders sentenced between 12 and 18 months, until each county enters into an agreement to pay the cost of providing parole.

The language the staff agency is recommending to add to the budget bill reads as follows:

Section XX. AND BE IT FURTHER ENACTED, That $225,000 of the General Fund appropriation for the Maryland Parole Commission (MPC) and $350,000 of the General Fund appropriation for the Division of Parole and Probation (DPP) made for the purpose of providing parole to locally sentenced inmates shall be reduced contingent on the enactment of legislation requiring MPC to identify the cost of providing parole to inmates held in local correctional facilities for each county and requiring the counties to pay the full cost of pre-parole investigations, parole hearings, and processing. MPC and DPP are authorized to process special fund budget amendments to allocate the county reimbursements at a later date.

Further provided that $1,413,765 of the General Fund appropriation in the Division of Correction made for the purpose of providing per diem grants to local correctional facilities shall be restricted until each county enters into a memorandum of understanding (MOU) by September 1, 2011, with MPC and DPP to pay the full cost of providing parole to locally sentenced inmates, contingent on the enactment of legislation requiring MPC to identify the cost of providing parole to inmates held in local correctional facilities for each county and requiring the counties to pay the full cost of pre-parole investigations, parole hearings, and processing.

A report shall be submitted to the budget committees by MPC and DPP identifying the estimated parole cost per county and certifying that the agencies had entered into MOUs with each county by September 1, 2011. The report shall be submitted no later than September 15, 2011, and the budget committees shall have 45 days to review and comment. Funds restricted pending the receipt of a report may not be transferred by budget amendment or otherwise to any other purpose, and shall revert to the General Fund if the report is not submitted to the budget committees.

This section of the DLS budget analysis can be read in context beginning on page 17 of the analysis, by clicking here.

MACo’s testimony on SB 118 discusses the recent budget-balancing actions affecting county governments, and local jails in particular. From that testimony, MACo draws the link between the fiscal cutbacks and the policy change effected by SB 118:

For the next several fiscal years, local jails will be housing State inmates between 12 and 18 months for free. If the State is not able to pay for their inmates incarcerated longer than 12 months, then local jails should not be forced to accept State inmates for longer than 12 months. SB 118 would help rectify the situation.

Committee discussion on the bill acknowledged the fiscal impacts on the state rendering its passage very unlikely, but the bill hearing promoted dialogue on the fiscal effects on budget cuts being continued into the FY 2012 budget and beyond.

The Maryland Judiciary has created a press release and webpage detailing the new process.  Here is an excerpt from the webpage:

There’s a new law in Maryland starting Jan. 1, 2011. If you get a payable traffic ticket, you must do one of the following within 30 days…

Pay the full fine

• Pay in person at your local District Court
• Pay by mail – send in the envelope that comes with the ticket
• Pay online at www.paymentchek.com/MD/MarylandCourt/
• Pay by telephone, 1-800-492-2656

OR

Ask for a waiver hearing to plead guilty with an explanation

• Check the “Request a Waiver Hearing” box on the ticket and envelope
• Sign and date the ticket
• Mail the ticket to the District Court Traffic Processing Center (envelope comes with the ticket)

OR

Ask for a trial

• Check the “Request a Trial” box on the ticket and envelope
• Sign and date the ticket
• Mail the ticket to the District Court Traffic Processing Center (envelope comes with the ticket)

 If you don’t respond within 30 days, the District Court notifies the Motor Vehicle Administration to begin the driver’s license suspension process.

The webpage also includes a fact sheet and sample ticket.  Please feel free to disseminate this information to your constituents.

A civil liberties group filed a federal lawsuit Thursday challenging the use of “stop and frisk” searches by Philadelphia police, alleging that the policy is violating the rights of blacks and Latinos who have done nothing wrong.

Montgomery County operates a health care program at the jails that is considered exemplary by two national organizations, but some worry there are not enough police officers to cover the streets when they are guarding inmates at hospitals and doctors’ offices. …

“Ultimately what it’s doing is taking police officers off the road,” said Matt Frasca, a county police officer and member of the Fraternal Order of Police Lodge 35 board of directors. “We only have so much staff, and a transport is taking two officers off the street.”

Overnight, eight officers often are on duty in the district, and if two are busy with a transportation call the shift is suddenly down 25 percent, Frasca said.

“It’s a concern for us, and we’re trying to work through it with the correction officials,” said the district’s Deputy Commander Lt. Dom Fazio. …

Decisions regarding when an inmate needs immediate medical care or a medical test should be left to a health care professional and not a correctional deputy or warden, [Director of the Montgomery County Department of Correction and Rehabilitation Art] Wallenstein said.

As much of the health care as possible is provided inside the jail to reduce transportation costs and time for sheriff’s deputies and police officers, he said.

The webinar will feature presentations by:

• Sheriff Andrea Cabral, Suffolk County, Massachusetts
• Research Associate, Jesse Jannetta, the Urban Institute
• Commissioner Scott Martin, Lancaster County, Pennsylvania.

After the presentations, participants will have an opportunity to ask questions.

The webinar, supported by the U.S Department of Justice, Bureau of Justice Assistance, will be held at 2:00 P.M. (E.T.) on Thursday, August 26, 2010.

To register for the webinar, click here.