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Subcommittee Hears DPDS Budget; analysts flag overtime cuts, settlements and Duval compliance deadline

February 09, 2024 | Public Safety, Transportation, and Environment Subcommittee, Budget and Taxation Committee, SENATE, SENATE, Committees, Legislative, Maryland


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Subcommittee Hears DPDS Budget; analysts flag overtime cuts, settlements and Duval compliance deadline
Jacob Cash, a policy analyst for the Department of Legislative Services, told the Public Safety, Transportation, and Environment Subcommittee that the Division of Pretrial Detention and Services (DPDS) has a fiscal 2025 allowance of $272,000,000, a roughly 7% decline from the prior year. He said the reduction is driven largely by an assumed drop in overtime spending—from $48,000,000 in FY2023 actuals to $24,800,000 budgeted for FY2025—and asked DPDS to explain how the agency would achieve that decline without creating deficiencies.

The budget presentation also detailed population and safety trends in Baltimore City facilities that DPDS operates, saying average lengths of stay are under three months compared with pandemic peaks and noting mixed assault trends: overall assaults fell from FY2022 but MRDCC, the Chesapeake Detention Facility (CDF) and the youth detention center have seen increases. Cash said there was one homicide reported in DPDS facilities in FY2023 and another in FY2022; investigations were ongoing.

Cash reviewed legal exposure and settlements and highlighted a high‑profile civil trial in which a jury awarded $25,000,000 to the plaintiff. He said limitations under the Maryland Tort Claims Act reduce recoverable amounts and that, to avoid further litigation, the Board of Public Works approved a $7,000,000 settlement payment. DLS warned that settlement payments do not equal admissions of guilt and asked the department to describe changes to administrative remedies and employee training prompted by these incidents.

The DLS analysis urged DPDS to explain: the large projected reduction in overtime costs; administrative remedy and investigatory process improvements; the pros and cons of a proposed correctional ombudsman; progress toward compliance with the Duval v. Hogan consent decree (including steps taken and effectiveness of third‑party consultants); and plans for the Chesapeake Detention Facility once the U.S. Marshals Service agreement ends.

Carolyn J. Scruggs, Secretary of the Maryland Department of Public Safety and Correctional Services, said the division has a separate grievance process for pretrial detainees, is revising entry‑level and supervisory academy training with an emphasis on constitutional rights and use‑of‑force policies, and conducts unannounced site visits. Scruggs said the department is cautious about an independent ombudsman because, in her view, it could unintentionally interfere with existing statutory and regulatory mechanisms and external oversight bodies already reviewing DPSCS operations. She said the department anticipates negotiating a higher per‑diem with the U.S. Marshals Service to reduce reliance on general funds for CDF.

Why it matters: The DLS analyst recommended concurrence with the governor’s allowance, but the subcommittee pressed the agency on financial assumptions (notably the large overtime reduction), accountability after custody‑related injuries and settlements, and the status of long‑running consent‑decree compliance. Legislators and witness testimony from correctional staff emphasized staffing shortages, mandatory overtime and morale as central budget concerns.

What’s next: DLS and DPSCS will provide follow‑up detail on overtime assumptions, settlement histories and Duval compliance work. The subcommittee received public testimony from correctional officers urging additional staffing, equipment, and safety training; no formal budget votes were taken during the hearing.

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