01.01.2020.02

EXECUTIVE ORDER 01.01.2020.02

Reorganization of State Government Governor’s Office of Crime Prevention, Youth, and Victim Services

AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND

FOR the purpose of renaming the Governor’s Office of Crime Control and Prevention to be theGovernor’s Office of Crime Prevention, Youth, and Victim Services; renaming the Governor’s Office for Children to be the Division of Children and Youth under the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be the successor to the Governor’s Office of Crime Control and Prevention; providing that the Division of Children and Youth shall be the successor of the Governor’s Office for Children; establishing the duties of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth.

SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND, pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:

Article — Correctional Services

3–518. Maryland Correctional Enterporises Management Council — Membership.

(a) The Management Council consists of the following 15 members:

(9) a representative of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, appointed by the Governor;

9–603. Methadone detoxification program.

(a) (2) (i) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.

(j) On or before November 1, 2020, and annually thereafter, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2–12[46]57 of the State Government Article, on:

(1) the number of inmates diagnosed with:

(i) a mental health disorder;

(k) Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and also include any other data necessary to meet reporting requirements under this section.

9–614. Restrictive housing reoports.

(b) (1) On or before December 31 each year, each correctional unit shall submit data to the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION , YOUTH, AND VICTIM SERVICES showing, by correctional unit:

(i) the total population of the correctional unit;

(2) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.

Article — Courts and Judicial Proceedings

3–1510. Shielding of records.

(a) (5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to have online access to records of shielded peace orders in order to assist victims of abuse.

(h) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.

Article — Criminal Law

10–626. Animal Abuse EmergencyCompensation Fund.

(a) [(5) “GOCCP” means the Governor’s Office of Crime Control and Prevention.]

(d) (1) The Executive Director of [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the Fund.

Article — Criminal Procedure

2–404. Report.

On or before December 31, 2009, and annually thereafter, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2–1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.

10–208. Membership.

(a) (4) The Executive Director of the [Governor’s Office of Crime Control and Prevention;] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

10–209. Quorum; ex officio members; meetings; expenses; staff.

(b) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Attorney General, and the Director of the Maryland Justice Analysis Center of the Department of Criminology and Criminal Justice of the University of Maryland shall serve on the Advisory Board as ex officio members.

(e) Subject to the approval of the head of the appropriate unit, the Advisory Board may use the staff and facilities of the Department, the Administrative Office of the Courts, and the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES in the performance of its functions.

11–801. Definitions.

(f) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–804. Criminal Injuries Compensation Board.

(a) There is a Criminal Injuries Compensation Board in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–910. Definitions.

(d) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–911. Established.

There is a State Board of Victim Services in the [Governor’s Office of Crime Control and Prevention created by Order 01.01.1995.18] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–914. Duties.

Subject to the authority of the Executive Director, the Board shall:

(6) approve or disapprove each grant application submitted by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

11–919. Grant Program.

(b) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

(1) adopt regulations for the administration and award of grants under Part II of this subtitle; and

(c) (1) approve each grant application received by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES before any money is released from the Fund;

11–923. Sexual assault crisis programs.

(c) (1) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish sexual assault crisis programs in the State.

(d) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition.

(e) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault.

(g) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include a report on the sexual assault crisis programs in the annual report submitted by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the General Assembly, in accordance with § 2–1257 of the State Government Article.

11–927. Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

(d) (2) The Committee consists of the following members:

(ix) the following members appointed by the Governor:

2. one representative of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–928. Child advocacy centers.

(a) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center.

(c) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may contract with public or private nonprofit organizations to operate child advocacy centers.

(d) (1) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall contract with a nonprofit organization that is qualified under § 501

(c) (3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(e) Money for child advocacy centers:

(1) shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

(f) On or before June 1 each year, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall submit an annual report, in accordance with § 2–1257 of the State Government Article, on child advocacy centers to the General Assembly.

11–1006. Programs for survivors of homicide victims.

(c) (1) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish and expand programs for survivors of homicide victims in the State.

(d) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.

(e) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.

(g) On or before October 1 each year, the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include a report on the programs for survivors of homicide victims in the annual report submitted by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the General Assembly, in accordance with § 2–1257 of the State Government Article.

11–1008. Pilot Program for Preventing HIV Infection for Rape Victims.

(b) (3) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the pilot program.

11–1101. Definitions.

(c) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

11–1102. Victim Services Unit.

(a) There is a Victim Services Unit in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(b) (4) any other program that provides victim services under the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES that the Executive Director determines would benefit from inclusion under the Unit.

12–403. Disposition of forfeited property.

(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:

(2) may ask the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to determine its share.

12–601. Definitions.

[(a)] In this subtitle [the following words have the meanings indicated.

(b) “GOCCP” means the Governor’s Office of Crime Control and Prevention.

(c)], “MSAC” means the Maryland Statistical Analysis Center of [GOCCP]THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

12–602. Reporting expenditure of forfeited funds.

(e) (2) [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2–1257 of the State Government Article, and each seizing authority before September 1 of each year

(f) (1) [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12–405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

(2) [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.

(g) (1) (i) [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report the noncompliance to the Police Training Commission; and

(2) If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, [GOCCP] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

Article — Education

8–417. Rate setting for residential and nonresidential child care programs and nonpublic general education schools.

(b) (2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.

9.5–203. Membership.

(a) The Council consists of the following members:

(6) The Executive Director of the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

Article — Family Law

4–501. Definitions.

(h) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–503. Notice of victim's rights to victim.

(a) A law enforcement officer who responds to a request for help under § 4–502 of this Part I of this subtitle shall give the victim a written notice that:

(1) includes the telephone number of a local domestic violence program that receives funding from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; and

4–512. Shielding of records.

(a) (5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to have online access to records of shielded protective orders in order to assist victims of abuse.

(h) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.

4–515. Domestic violence program.

(a) (1) The Executive Director shall establish a program in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to help victims of domestic violence and their children.

(c) Any program established under this section shall be subject to the following conditions:

(2) the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

(i) supervise the program;

5–704.4 Safe Harbor Regional Navigator Grant Program.

(a) (3) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(f) Notwithstanding any appropriation made under subsection (h) of this section, not later than October 1, 2019, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide grant funding for services provided by the Safe Harbor Regional Navigator Grant Program.

5–1102. Grant award procedures — Department of Human Services.

(a) All proposals for funding received under this subtitle designed to address the prevention of child physical or sexual abuse shall be reviewed by a selection committee composed of the following members:

(3) the [Special Secretary] DEPUTY DIRECTOR of the [Office for Children, Youth, and Families]DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES who shall serve as the chairman of the committee.

5–1103. Grant award procedures — Maryland Department of Health.

(a) All proposals for funding received under this subtitle designed to address the prevention of child alcohol and drug abuse shall be reviewed by a selection committee composed of the following members:

(3) the [Special Secretary] DEPUTY DIRECTOR of the [Office for Children, Youth, and Families] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES who shall serve as chairman of the committee.

Article — Health–General

5–703. Membership.

(a) The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:

(7) The [Executive] DEPUTY Director of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES or the [Executive] DEPUTY Director’s designee

7.5–303. Membership; chair; term.

(a) (1) The Council consists of the following members:

(xi) The [Executive Director of the Governor’s Office for Children] DEPUTY DIRECTOR OF THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the [Executive] DEPUTY Director’s designee;

(xii) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

13–1504. State Children's Environmental Health.

(a) (1) The Advisory Council shall be composed of 19 members as follows:

(ix) The [Special Secretary] EXECUTIVE DIRECTOR of the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the [Special Secretary’s] EXECUTIVE DIRECTOR’S designee;

15–139. Amendment of State Medical Assistance Program to receive federal matching funds.

(d) (1) The [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.

24–904. Standing Advisory Committee on Opiod-Associated Disease Prevention and Outreach Programs.

(b) The Standing Advisory Committee shall consist of:

(3) One representative from law enforcement, nominated by the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article — Health Occupations

20–101. Definitions.

(l) (2) “Residential child care program” includes a program:

(ii) That is subject to the licensing requirements of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES governing the operations of residential child care programs.

Article — Housing and Community Development

4–2103. Council — Membership; removal.

(a) The Council consists of the following members:

(13) the following members, appointed by the Governor:

(i) one representative of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article — Human Services

1–210. Disclosure of information and records — In general.

Notwithstanding any other State law and except as provided in § 1–211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(3) the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THEGOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

6–604. Membership.

(a) The Commission consists of the following 18 members appointed by the Governor:

(6) the Executive Director of the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES OR EXECUTIVE DIRECTOR’S DESIGNEE;

7–128. Interagency Disabilities Board — Membership.

The Board consists of the following members:

(12) the [Executive] DEPUTY Director of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the [Executive] DEPUTY Director’s designee;

(16) the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; and

8–101. Definitions.

(G) “DEPUTY DIRECTOR” MEANS THE DEPUTY DIRECTOR OF THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(H) “DIVISION” MEANS THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

[(g)] (I) “Evidence–based” means meeting the criteria for an evidence–based early childhood home visiting service delivery model as defined by the federal Department of Health and Human Services.

[(h)] (J) “Executive Director” means the Executive Director of the [Governor’s Office for Children] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

[(i)] (K) (1) “Family” means an eligible child’s natural, adoptive, or foster parents.

[(j)] (L) (1) “Home visiting program” means a program or initiative that:

(i) contains home visiting as a primary service delivery strategy;

[(k)] (M) “Hospital” has the meaning stated in § 19–301 of the Health–General Article.

[(k–1)] (N) “Local behavioral health authority” has the meaning stated in § 7.5–101 of the Health–General Article.

[(l)] (O) “Local management board” means an entity established or designated by a county under Subtitle 3 of this title to ensure the implementation of a local, interagency service delivery system for children, youth, and families.

[(m)] (P) “Office” means the [Governor’s Office for Children] THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

[(n)] (Q) “Promising” means a home visiting program or practice that:

(1) does not yet meet the standard for evidence–based practices; and

[(o)] (R) “Public agency” means a State or local government unit or a quasi–governmental entity.

[(p)] (S) (1) “Residential child care program” means an entity that provides 24–hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

8–306. Strategic plan to raise revenue.

(a) On or before January 1, 2018, the Prince George’s County Local Management Board shall:

(1) develop and implement a strategic plan to raise revenues to match the total funding provided by the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

8–402. State Coordinating Council — Membership.

(a) The Council consists of the following members:

(1) the [Executive] DEPUTY Director of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

8–507. Home visiting programs — Reports.

(a) (1) The [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet, with input from local management boards, local home visiting programs, and the Early Childhood Advisory Council, shall require the recipients of State funding for home visiting programs to submit reports to the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on a regular basis.

(b) The [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet shall develop a standardized reporting mechanism for the purpose of collecting information about and monitoring the effectiveness of State–funded home visiting programs

(c) On or before December 1, 2013, and at least every 2 years thereafter, the [Governor’s Office for Children] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Ways and Means Committee, and the Joint Committee on Children, Youth, and Families on the implementation and outcomes of State–funded home visiting programs.

Article — Public Safety

1–401. General consideration.

(b) The Board consists of the following members:

(9) the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; and

2–514. Annual report — Status of crime scene DNA collection and analysis.

(a) On or before April 1, 2010, and on or before April 1 of every even– numbered year thereafter, each local law enforcement unit shall report to the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on the status of crime scene DNA collection statewide for the preceding calendar year, including:

(1) the crimes for which crime scene DNA evidence is routinely collected;

(b) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

3–207. General power and duties of Commission.

(a) The Commission has the following powers and duties:

(18) to develop, with the cooperation of the Office of the Attorney General, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, and the Federal Trade Commission, a uniform identity fraud reporting form that:

(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and

(h) The Commission shall distribute the victim’s representation notification form developed by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under § 12–206.1(e) of the Transportation Article to each law enforcement agency in the State.

3–507. Report on death involving law enforcement officer.

(b) Every year, on or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES with information, for the previous calendar year, about each officer–involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:

(1) the age, gender, ethnicity, and race of a deceased individual;

(c) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.

(d) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall analyze and disseminate the information provided under subsection (b) of this section.

(e) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall make an annual report on the incidence of officer–involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with § 2–1257 of the State Government Article, on or before June 30 of each year.

4–101. Definitions.

(b) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–401. Rape Kit Testing Grant Fund.

(d) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

4–501. Definitions.

(e) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–601. Definitions.

(b) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–701. Definitions.

(c) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–703. Grants from Fund.

(f) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the Maryland Police Training and Standards Commission shall provide technical assistance to agencies in applying for:

(1) money from the Fund; or

4–901. Definitions.

(e) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–903. Maryland Violence Intervention and Prevention Advisory Council.

(a) There is a Maryland Violence Intervention and Prevention Advisory Council in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(d) (3) The results of the evaluation under paragraph (2) of this subsection shall be posted to the [Governor’s Office of Crime Control and Prevention’s] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES’ website.

4–906. Cash or in-kind match.

(c) In addition to any other reporting requirements from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, grantees shall submit a report at the end of each grant cycle that shall:

(2) be posted to the [Governor’s Office of Crime Control and Prevention’s] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES’ website.

4–1008. Requirements related to receipt of funding.

A local government or nonprofit entity that receives funding under this subtitle:

(2) shall comply with any data sharing and reporting requirements established by the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under § 4–1009 of this subtitle as a condition of receiving funding.

4–1009. Outcome-based performance measures.

(a) In this section, “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(c) (1) On or before October 1, 2020, and every October 1 thereafter, the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome–based performance measures under this section for the previous fiscal year.

(2) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall notify annually in writing the Governor and the Legislative Policy Committee, in accordance with § 2–1257 of the State Government Article, when the filterable data display has been updated under paragraph (1) of this subsection.

4–1101. Definitions.

(c) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–1201. Reports on funds.

(a) This subtitle applies only to each grant the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES makes to the Baltimore Police Department.

(b) The purpose of this subtitle is to ensure that grants from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the Baltimore Police Department for community policing efforts are used for that purpose.

(c) (1) In fiscal year 2019, the Baltimore Police Department shall prepare a half–year report on the expenditure of grants received from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(2) In fiscal year 2020 and in each subsequent fiscal year, the Baltimore Police Department shall prepare an annual report on the expenditure of grants received from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(d) The report required under subsection (c) of this section shall include:

(1) the intended use of each grant from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the Baltimore Police Department; and

(2) the specific expenditures made by the Baltimore Police Department with any monetary grants received from the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–1301. Definitions.

(b) “Executive Director” means the Executive Director of the [Governor’s of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

4–1401. Definitions.

(b) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

5–502. Cease Fire Council.

(a) There is a Cease Fire Council in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(b) (2) Of the 11 members of the Council:

(iv) one shall be the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES or a designee;

(f) (1) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff support for the Council.

(2) The Assistant Attorney General assigned to the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES is the legal advisor to the Council.

Article — State Finance and Procurement

12–110. Council for the Procurement of Health, Educational, and Social Services.

(c) (1) The Council consists of the following members:

(x) the Executive Director of the [Governor’s Office of Crime Control and Prevention]GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

(xi) the [Executive] DEPUTY Director of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTHOF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article — State Government

6–401. Definitions.

(d) “[Executive] DEPUTY Director” means the [Executive] DEPUTY Director of the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

6–404. Duties.

The Unit shall:

(8) collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES in all matters related to the licensing and monitoring of children’s residential facilities; and

6–406. Reports.

(a) The Unit shall report in a timely manner to the [Executive] DEPUTY Director, the Secretary, and, in accordance with § 2–1257 of this article, the Speaker of the House of Delegates and the President of the Senate:

(1) knowledge of any problem regarding the care, supervision, and treatment of children in facilities;

9–2701. Maryland Youth Advisory Council.

(c) (1) The Council consists of:

(iv) the following members appointed by the [Governor’s Office for Children] DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES:

1. four youths nominated by the local management boards established under § 8–301 of the Human Services Article;

9–3201. Definitions.

(c) “Executive Director” means the Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

9–3202. Board established.

There is a Justice Reinvestment Oversight Board in the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

9–3206. Staff.

The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff for the Board.

9–3207. Powers and duties.

(e) (2) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall appoint members of the advisory board, subject to the approval of the chair of the Board.

9–3209. Performance Incentive Grant Fund.

(b) (4) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9–3207 of this subtitle.

9–3211. Local Government Justice Reinvestment Commission.

(g) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff for the Commission.

10–1503. Council on Open Data.

(b) The Council consists of the following 37 members:

(22) The Executive Director of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article — Transportation

12–206.1. Victim's representation notification form.

(b) (1) During the investigation of a moving violation, the investigating agency shall:

(ii) Provide the victim’s representative with a copy of the victim’s representation notification form developed by the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under subsection (e) of this section.

(e) The [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.

25–113. Race-based traffic stops.

(a) (5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the [Governor’s Office of Crime Control and Prevention] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

SECTION 2. AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:

(a) (1) The Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office of Crime Control and Prevention.

(2) The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office of Crime Control and Prevention.

(3) The Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office for Children.

(4) The Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office for Children.

(b) In every law, executive order, rule, regulation, policy, or document created by an official, an employee, or a unit of this State, the names and titles of those agencies and officials mean the names and titles of the successor agency or official.

SECTION 3. AND BE IT FURTHER ORDERED, that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children are hereby transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services without any change or loss of rights or status, and shall retain their merit system and retirement system status.

SECTION 4. AND BE IT FURTHER ORDERED, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

SECTION 5. AND BE IT FURTHER ORDERED, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions of the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children transferred by this Order shall continue in effect under the Governor’s Office of Crime Prevention, Youth, and Victim Services.

SECTION 6. AND BE IT FURTHER ORDERED, that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention, Youth, and Victim Services.

SECTION 7. AND BE IT FURTHER ORDERED, that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention, Youth, and Victim Services. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.

SECTION 8. AND BE IT FURTHER ORDERED, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.

SECTION 9. AND BE IT FURTHER ORDERED, that this Executive Order shall become effective and have the force of law on the 27th day of February, 2020, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.

Effective date: January 27, 2020