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The Maryland Senate voted to override Republican Gov. Lawrence J. Hogan Jr.鈥檚 veto of a bill that removes the governor鈥檚 office from parole decisions. The measure will become law if the veto is also overridden in the House of Delegates, where it is likely to be debated on Tuesday.
, championed by Sen. Delores G. Kelley (D-Baltimore County), places parole decisions solely in the hands of the state鈥檚 10-person parole commission.
Parole commissioners are appointed by the secretary of the Department of Public Safety and Correctional Services and approved to serve six-year terms by the governor.
Advocates say the reform is necessary to avoid potential political pressure that could arise by requiring the governor鈥檚 involvement in the process.
Under the legislation, people serving life sentences with the possibility of parole become eligible for release after serving the equivalent of 20 years, accounting for diminution credits. At least six members of the commission must vote in favor of their release.
鈥溾� want us to understand that we鈥檙e talking about the end of the process: These are cases that have already been litigated in court, a jury [or] a judge has made a decision as to a sentence and now they鈥檝e been serving a sentence and it鈥檚 up to the Parole Commission to make a decision whether or not it鈥檚 in the 鈥� the welfare of our community to have this person released,鈥� Sen. Jill P. Carter (D-Baltimore City) said from the Senate floor. 鈥淎nd if that decision is no, they will not recommend them for release.鈥�
Those who were sentenced for a crime that occurred before Oct. 1, 2021, become eligible after serving the equivalent of 15 years.
Hogan鈥檚 veto was overridden in the Senate on a margin of 31-16.
Maryland is one of only three states to require the governor to give final approval of parole recommendations.
Senate Republicans argued that Maryland鈥檚 existing law is already progressive enough, noting that parole policies for first-degree murder convictions are stricter in other states.
鈥溾�hen we say a large number of states don鈥檛 allow that we鈥檙e not just talking about some of the states that might spring to mind: conservative, rustbelt, southern states,鈥� Senate Minority Whip Justin D. Ready (R-Carroll) said from the floor. 鈥淲e鈥檙e talking about states like New York and Minnesota that don鈥檛 even allow for the opportunity for parole with premeditated, first-degree murder.鈥�
Sen. Robert G. Cassilly (R-Harford) said Hogan did the legislature 鈥渁 favor鈥� in vetoing the bill, arguing that, in cases where diminution credits are applied, people could be released in 11-and-a-half years.
Carter disagreed with Cassilly鈥檚 assertion that anyone could be released after serving a little more than a decade, saying anyone eligible for release under the bill would be required to serve at least 17-and-a-half years.
Carter also said it鈥檚 rare for anyone to be recommended for parole after their first hearing with the commission.
Key figures in the fight to remove the governor from the parole process, including criminal justice reform advocate Walter Lomax, looked on from the gallery during the debate.
In an interview prior to the vote to override, Lomax said that the passage of this bill finally removes politics from the parole process.
鈥淲hat this personally means to me is that 鈥� at this point, at least 鈥� those people that deserve a meaningful opportunity [for release] will at least have that,鈥� he said.
Gwendolyn Levi, an advocate with the Maryland Justice Project, let out a cheer after the Senate vote was tallied.
Levi, who referred to herself as a 鈥渞eturning citizen鈥� after 16 years of incarceration, said she was thinking of women who she served time with at the Maryland Correctional Institution for Women.
鈥淚t鈥檚 a shame because some of them are older, much older, and are just being warehoused, not even remembering their crime because they鈥檙e facing dementia or other things that age brings on,鈥� Levi said.
She was pleased the Senate voted again in favor of the bill because political influence is inevitable if the governor remains a part of the process.
鈥淢y question was, because the parole board makes a thorough, thorough investigation, what different criteria does the governor use to then go against what his appointed council has recommended?鈥� Levi asked. 鈥溾�f there鈥檚 no different criteria that the governor uses, and he鈥檚 only using it as a political tool based on today鈥檚 headline 鈥� and not based on the people鈥檚 lives that it affects 鈥� then he should be removed from this process.鈥�
In a floor session that lasted just under two hours, the Senate voted, largely along party lines, to override 13 of the Republican governor鈥檚 vetoes.
Several of the votes were undertaken without debate, including measures that require prevailing wages on public utility projects, incentivize clean energy development and reform emergency procurement.
But lawmakers did debate bills that would聽听补苍诲听聽for full- and part-time employees at all of the state鈥檚 community colleges.
Currently, only Baltimore City Community College and the Community College of Baltimore County have bargaining rights for at least some employees, while Montgomery College has bargaining rights for many employees, including faculty.
鈥淥ur community colleges are the backbone of every one of our communities 鈥� the people who are working there are our friends, our neighbors鈥et鈥檚 show them the respect and the dignity they deserve,鈥� said Sen. Benjamin F. Kramer (D-Montgomery), the sponsor of the聽. He stressed that this bill would 鈥渄oes not mandate鈥� but rather 鈥渁ffords the opportunity鈥� for employees to be represented by a bargaining unit. If employees are content with their management, then 鈥渆verything remains just as it is,鈥� he said.
However, Ready contended that the bill would increase tuition costs 鈥渢o the very people who we want to try to keep education affordable 鈥� working families, single parents.鈥�
Kramer responded that there is no evidence of student tuition increasing when collective bargaining for workers is enacted.
Sen. Mary Beth Carozza (R-Lower Shore) said she talked with the president of Wor-Wic Community College, who said this was a 鈥渧ery bad time for collective bargaining鈥� because the school is facing severe workforce shortages.
The Senate overrode the veto in a 32-15 vote along party lines.
The vote on the local income tax bill was 30-17. That measure, called the Local Tax Relief for Working Families Act of 2021, would allow local governments to apply the county income tax based on a taxpayer鈥檚 economic bracket. The change could result in lower local income tax rates for the lowest-income residents and higher rates for the wealthiest.
The Senate also moved to 鈥減ostpone indefinitely鈥� consideration of an override vote on two measures: the Purple Line Marketing Act and a bill to decriminalize possession of drug paraphernalia.
Lawmakers are planning updated legislation to address the plight of small businesses along the Purple Line construction scar in Montgomery and Prince George鈥檚 counties.
In an interview, Ferguson said the drug paraphernalia vote was pushed off to give more attention to 鈥渁 really complex issue鈥� and take a comprehensive approach to overdose prevention. He said lawmakers 鈥渉ave to be open鈥� to all policies, including the potential of safe consumption sites in Maryland.
鈥淲e really want to make sure it鈥檚 done the right way. It鈥檚 an important issue that we really have to figure out,鈥� Ferguson said. 鈥淎nd we鈥檒l take it up again in our coming session [in January 2022]. We just have to get it right.鈥�
Carter, who sponsored the bill, called the failure to override Hogan鈥檚 veto on Senate Bill 420 鈥渉eartbreaking.鈥�
鈥淚鈥檓 gonna just assume that there were people that had hesitation about voting for it in an election year because of the implications that somehow this means you鈥檙e like 鈥榩ro-drug abuse鈥� or something, which, of course, we鈥檙e not,鈥� Carter said in an interview after the floor session Monday. 鈥淚t鈥檚 about saving lives.鈥�
She plans to reintroduce the measure in 2022.
Ferguson said the Senate鈥檚 override votes had some core themes: 鈥淧rotecting Maryland鈥檚 middle class, ensuring that we have a more fair and transparent justice system by taking politics out of parole, and ensuring that we give a voice to the voiceless, ensuring that we protect those who are at the margins of society.鈥�
The House of Delegates is expected to take first action on a series of vetoes of House bills starting Monday evening.
