People serving prison sentences for rape would be unable to get out early on “good behavior” if the General Assembly passes legislation which appears to already have the support of Governor Wes Moore.
Democratic Delegate Elizabeth Embry, who represents parts of northeast Baltimore, and Baltimore State’s Attorney Ivan Bates unveiled the plan Tuesday afternoon at the Baltimore SAO building. It’s named for Pava LaPere, a local tech CEO and entrepreneur who in September was allegedly murdered by Jason Billingsley, a Baltimore man previously convicted on sex offenses but who ended his prison sentence early because of “good behavior.”
"It is apparent that our current system is deeply flawed when an individual with a criminal record that shows their propensity to threaten public safety can be released from prison early," said State's Attorney Ivan J. Bates in a statement.
Billingsley is also charged with assaulting a west Baltimore couple days before LaPere’s death.
Maryland’s diminution credit system, which allows people to be released early for good behavior, is automatic. People serving time for violent crimes can earn up to 20 days a month off their sentence. People convicted of rape and third-degree sexual assault against minors 16 and younger are not eligible for diminution and neither are people imprisoned for a lifetime violation of sexual offender supervision.
The Pava Marie LaPere Act adds first-degree rape to that list. In Maryland, first-degree rape requires the use or threat of force.
Billingsley was arrested in July 2013 on first-degree sex offense charges and pleaded guilty in February 2015. He was sentenced to 30 years in prison. The sentence was back-dated to the time of his arrest but then 16 years of that sentence were suspended — ultimately leaving him with 14 years behind bars.
Maryland’s diminution credit system, which allows people to be released early for good behavior, is automatic. People serving time for violent crimes can earn up to 20 days a month off their sentence. People convicted of rape and third-degree sexual assault against minors 16 and younger are not eligible for diminution and neither are people imprisoned for a lifetime violation of sexual offender supervision.
Through the diminution credit system, Billingsley was released in October 2022 after serving a bit more than nine years in prison.
Under the proposed legislation, the state’s parole commission could still evaluate the individual’s case and decide if there’s an opportunity for some type of early release.
“The parole commission can hear from victims’ families, from people who care about the victim of the crime and… can consider the entirety of the person’s record in history of violence,” said Delegate Embry.
According to The Baltimore Banner, Billingsley applied for parole in 2020 but was denied.
“It’s time to change that system. As Pava’s father, I state again emphatically that no other victim should fall prey to repeat and violent criminals like this defendant,” said Frank LaPere.
Advocates of the diminution system argue that it encourages safety by promoting good behavior inside prisons.
Kristen Budd researches crimes of a sexual nature at The Sentencing Project, a research advocacy center for decarceration, and she worries that these legislative efforts don’t actually support the underlying public safety issues.
“Those dollars should be spent and would be better spent on prevention efforts to make sure instances, such as these do not happen to begin with,” said Budd, suggesting instead that efforts focus on rehabilitating people. Budd explained that people who commit crimes of a sexual nature often have what are called “adverse childhood experiences”, meaning that they themselves are likely to have been victims of sexual or physical abuse and neglect.
“How can we also provide resources to those at risk children and also at risk families?” asked Budd, noting that investments in prevention-oriented child sexual abuse programs, such as Erin’s Law, could help prevent childhood abuse. At the same time, Budd argued for treatments to support sexual assault survivors including free medical and legal resources with no strings attached — such as requirements that survivors cooperate with law enforcement.
The legislation introduced Tuesday is in line with Baltimore Mayor Brandon Scott’s legislative priorities for 2024, although the mayor has expressed he would like to see the list of ineligible crimes go larger to include acts like murder. Scott was at Tuesday’s press conference and spoke in support of the legislation.
“We are looking forward to further conversations in Annapolis,” said Bryan Doherty, the communications director for Scott’s office.
Governor Wes Moore, also a Democrat, told The Baltimore Banner on Monday that he would support efforts to tighten release limits for people convicted of certain sexual offenses.
Just after LaPere’s death, police reported that they do not believe LaPere and Billingsley had any prior acquaintance. According to RAINN (Rape, Abuse, and Incest National Network) only about 7% of sexual assaults are committed by a stranger.
“Telling someone it's very statistically rare doesn't heal harm,” said Budd, but she cautions against using those statistical rarities as the basis of legislation.
Update 01/17/2024: This article has been updated to clarify some comments made by Budd.
