ANNAPOLIS – Following a series of recent letdowns for Gov. Robert Ehrlich’s legislative agenda, Project Exile remains afloat Thursday, although the state’s Office of the Public Defender took heat for criticizing it.
Under the plan, convicted felons caught with a firearm while committing a crime would be automatically “exiled” to prison for a mandatory minimum of five years.
Discussion of the bill in the House Judiciary Committee came on the heels of Ehrlich softening his stance on raising taxes to close the state’s budget gap, sharp rebukes for presentation of his slot machine plan, the defeat by a Senate committee of his charter schools legislation and rejection of his nominee to head the state’s Department of the Environment.
The OPD argued at the hearing that increasing mandatory minimum sentences – particularly for the possession of a firearm on school grounds – could have a negative impact on black youth in Maryland.
“One serious concern is the unintended consequences on the African- American youth,” said David R. Fishkin, OPD chief attorney for the Juvenile Court Division, who added, “80 percent of children in the juvenile justice system by legal legislation are African-American.”
With Project Exile in place, carrying a firearm with criminal intent or using a firearm on school property would become a felony – an action that would dramatically increase the number of juveniles serving long sentences in adult facilities while undermining the administration’s reforms in juvenile justice, OPD testimony said.
A report from the Office of Juvenile Justice and Delinquency Prevention shows that in 1996, black youth were almost twice as likely to be detained as white youth. Blacks make up 32 percent of Maryland’s youth but constitute 64 percent of those detained and 72 percent of those committed to state facilities.
Delegate Kevin Kelly, D-Allegany, called the agency’s stance into question, asking if they alerted the governor to their position.
“This is like undermining your boss,” Kelly said, pointing out that the agency uses the governor’s seal on its letterhead. “This is like a slap in the face while you play the race card here.”
The OPD did notify the governor of its problems with the bill, Fishkin said.
After the hearing, Cynthia M. Boersma, OPD interim legislative liaison, explained that the agency is funded by the state, but “remains an independent agency to avoid conflict of interest.”
Delegate Anthony J. O’Donnell, R-Calvert, also was upset with the OPD.
“I’m disappointed in the opposition,” he told the panel. “But I won’t get into that now.”
Another attack came from Delegate W. Louis Hennessy, R-Charles, who supports keeping guns off of school property.
“If we drive home the message that you can’t bring guns to school . . . we’re going to keep kids safe,” Hennessy said. “I’d rather see a kid in jail than dead.”
Donald J. Hogan Jr., Ehrlich’s deputy legislative officer, said Project Exile is the governor’s way to address the crime problem in the state – especially in Baltimore City and Prince George’s County.
“We need to send a message that strong, serious consequences will result,” Hogan said.
Ehrlich’s version of the bill would also prohibit mandatory sentences from being overturned and prevent pre-trial release before 24 hours.