ANNAPOLIS – Lawmakers are taking a hard look at prison sentences in Maryland this spring, but from two dramatically different points of view.
One measure under consideration would help offenders reduce their sentences for demonstrating good behavior. The other would crack down on violent offenders seeking time off their sentences.
Democrat Del. Cheryl Pasteur is sponsoring the Maryland Second Look Act, which would allow offenders showcasing good behavior to petition the courts for time off after serving at least 20 years.
“They have done every single thing possible to be better folks, better than a lot of the folks that I work with here,” Pasteur, who represents Baltimore County said, referring to incarcerated people who demonstrate good behavior. “When do we ever have to spend 20 years to be vetted? Never.”
But Republican Sen. William Folden is the sponsor for Real Time for Violent Crimes, a bill that would restrict or prohibit violent offenders from receiving diminution credits, or time off due to good behavior. He disagrees with Pasteur.
“If you commit a violent crime and you prey on our communities, and you’re that two percenters that are the worst of the worst, then you should get real time and not allow it to be watered down through dim credits and things of that,” said Folden, who represents Frederick County.
Hearings for both bills have elicited contentious and emotional testimony, both from families of murder victims and from formerly incarcerated individuals. But after both bills died during last year’s legislative session, proponents of each bill are pushing yet again for passage.
Supporters and opponents alike for the Real Time for Real Crimes Act gathered at a Tuesday bill hearing to provide their testimony. Kurt Wolfgang, the executive director of the Maryland Crime Victims Resource Center, said this bill is “long overdue.”
“There are so many ways to already diminish a sentence in Maryland,” Wolfgang said. “This is just one more hole in the bucket that needs to be plugged up by taking away or diminishing the use of diminution credits to release violent offenders.”
Despite his efforts, Folden told CNS that there isn’t a “big appetite” for his bill.
Still, there was some opposition to the Maryland Second Look Act in a nearly three-hour long hearing in February, with some detailing emotional stories of their loved ones who are victims of violence.
Theresa Darvish, whose son was murdered in 2021, opposed the bill. She said it is retroactive, and referred to the procedures in the bill as “rampant and ambiguous at best.”
“My son will never return to his home,” Darvish testified. “No murderer should be given a free ride home.”
This is a sentiment was echoed by many including Folden, who said those accused of rape and murder specifically should not get a second look.
But the bill that could allow review of prison sentences over 20 years was also met with large amounts of support from activists and formerly incarcerated individuals.
Anthony Muhummad was just 15 when he was arrested for two homicide charges in Baltimore City. He served over 29 years and was released under the Juvenile Restoration Act, and was one of the first to testify in support of the bill.
“There are dozens of individuals who are still incarcerated throughout the Maryland prison system who have served 20, 30, 40 and yes, sometimes even 50 years of incarceration who are not juveniles, who have demonstrated their maturity and rehabilitation and we believe are worthy of a second opportunity,” Muhummad said.
Muhummad detailed his community engagement since his release, including his current employment at the ACLU. He also spoke about the conversation he had with the families of the two victims in his case, both of whom were in favor of rehabilitation.
And Pasteur, who is a former educator in Baltimore City and Baltimore County schools, believes that all deserve the chance for reevaluation after 20 years, especially those who entered the prison system at a young age. Pasteur said two of her “very favorite” former students have been or are currently incarcerated.
“I am really an educator, not a politician,” Pasteur said. “Having always been in schools where things are tough for a lot of the students I have seen students get themselves engaged and involved in things that they know they shouldn’t have. So they are in my heart.”
And ultimately, Pasteur has high hopes for the bill.
“It’s about appreciating and recognizing that some folks under the most horrific circumstances have made themselves better,” Pasteur said. “Much better than a whole lot of us on any given day.”
