01.01.2017.30

EXECUTIVE ORDER 01.01.2017.30

Governor's Council on Gangs and Violent Criminal Networks

A. Governorís Council on Gangs and Violent Criminal Networks.

(1) There is a Governorís Council on Gangs and Violent Criminal Networks.

(2) The Council consists of the following members:

(a) six Stateís Attorneys, appointed by the Governor;

(b) the Governor or the Governorís designee;

(c) the Secretary of the Maryland State Police;

(d) the Secretary of the Department of Public Safety & Correctional Services;

(e) two police chiefs of a county or Baltimore City, appointed by the Governor;

(f) the police chief of a municipal police department, appointed by the Governor;

(g) two sheriffs, appointed by the Governor; and

(h) the U.S. Attorney for the District of Maryland.

(3) To the extent practicable, in making appointments the Governor shall ensure geographic diversity among the membership of the Council.

(4)(a) The appointed members shall serve terms of two years.

(b) The terms of the initial appointed members shall expire as follows:

(i) five members on December 31, 2018; and

(ii) six members on December 31, 2019.

(c) An appointed member is eligible for reappointment.

(d) At the end of a term, an appointed member continues to serve until the member is reappointed or a successor is appointed.

(e) A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(f) Any member appointed to the Council by the Governor shall serve on the Council at the Governorís pleasure.

(5) The Governor shall appoint a Chair, who shall serve for one year, or until the Governor appoints a successor, whichever is later.

(6)(a) A quorum of the Council consists of five members.

(b) The Council shall meet at least four times a year.

(c) A member of the Council:

(i) may not receive compensation for service on the Council; but

(ii) is entitled to reimbursement for expenses under the standard State travel regulations, as provided in the State budget.

(7) The Council shall:

(a) provide leadership, policy oversight and the coordination of operational strategies to collect and share relevant data related to violent crime and victimization; and

(b) provide support and assistance to programs and entities focused on identifying, disrupting and dismantling gangs and violent criminal networks through collaboration and comprehensive data sharing, both locally and statewide, with the ultimate goal of providing the information necessary to prosecutors for the development of gang-related and racketeer influenced and corrupt organizations charges;

(c) establish performance measures for successful data sharing and reporting for producing measurable results.

(8) On or before November 1, 2018, and annually thereafter, the Council shall report to the Governor.

(9) The Governorís Office of Crime Control and Prevention shall provide staff for the Council.

B. Data — Investigations and Public Safety.

(1) The investigative components of the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, Labor, Licensing, and Regulation, and Health shall adopt a data system that will alert agencies of common targets and common investigation locations.

(2) The Governorís Office of Crime Control and Prevention shall coordinate efforts to establish and make operational the data system described in paragraph (1) of this subsection.

(3) The Maryland State Police or an entity designated by the Maryland State Police shall be responsible for maintaining and operating the data system described in paragraph (1) of this subsection.

(4) The data system shall be available to the units of State government specified in paragraph (1) of this subsection and other such units as approved by the data owning unit(s) of State government.

(5) The centralized data system shall be fully operational within 12 months following the date of this Executive Order.

C. Data — Reports and Studies.

The Governorís Office of Crime Control and Prevention is authorized to make requests to the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, and Health for individual record level data and aggregate data, both without personally identifiable information, in order to develop data driven policy recommendations and prepare reports and respond to requests by the Governor and other units of State government. The requested data may include information related to crime and crime reporting, traffic stops, deaths related to law enforcement and public safety activities, adult and juvenile arrests and prosecutions, use of criminal citations, diversion programs, domestic violence, victims, gangs and criminal networks, terrorist groups, interrogation rooms, DNA and other scientific evidence, seizures and forfeitures, warrant intercepts, sentencing, prison population, prison demographics, recidivism, community supervision, programs for inmates and former inmates on community supervision, parole and release information, alternatives to incarceration, substance use disorder and mental health programs related to criminal proceedings, overdose information, and decedent data. All units of State government that receive such requests shall fully cooperate so that data is provided in a timely and efficient manner. Data collected pursuant to this Paragraph shall be kept available for the centralized data system and shall be updated at least quarterly without request.

D. Limitations to Data.

(1) This Executive Order shall only apply to any data that:

(a) pertains to crime, criminal offenders, or criminal activity;

(b) pertains to law enforcement activity related to crime, criminal offenders, or criminal activity;

(c) is used to conduct criminal investigations; or

(d) is used for the case management of criminal offenders.

(2) All data sharing under this Executive Order shall comply with all legal restrictions regarding such sharing.

Effective date: December 5, 2017