Vehicle thefts and related crimes increased dramatically between 1983 and 1994, becoming a serious public safety problem in the United States. Nationally, automobile theft rose 51 percent, while Maryland vehicle theft rates increased 143 percent during the same period. In 1994 Maryland ranked 12th in the nation in total vehicle thefts and 5th per capita (thefts per 100,000 population) and in economic terms, it is estimated that vehicle thefts represented a $220 million annual loss in property. Losses due to injury or death suffered by innocent victims during the perpetration of these crimes, as well as the costs to the criminal justice system are additional.
To address the diverse problems caused by vehicle theft, Governor William Donald Schaefer signed an executive order in October, 1992, establishing the Governor's Commission on Vehicle Theft and Related Crimes. Under the leadership of Mr. Marshall Meyer and Major W. Ray Presley, the Commission examined all aspects of vehicle theft and developed recommendations to strengthen law enforcement related to vehicle theft; diminish vehicle theft by juveniles; increase usage of anti-theft devices; and generally to increase public awareness of methods to reduce vehicle theft.
In response to the Commission's recommendations, Governor Schaefer and Delegates Dembrow, Rawlings, and Rynd sponsored HB 497 (1994) establishing the Vehicle Theft Prevention Council (Council) and Vehicle Theft Prevention Fund (Fund). The Council and Fund would assist in the prevention and deterrence of vehicle theft and related crimes. This legislation was approved by the General Assembly and signed into law as Chapter 459 of the Acts of the General Assembly of 1994. It became effective July 1, 1994, with a "Sunset" provision of July 1, 1997. No later than November 1, 1996, the Department of Public Safety and Correctional Services was required to evaluate the effectiveness of the vehicle theft prevention program and report its findings and recommendations to the Governor and the General Assembly.
The Plan of Operation for the Council, as required by Article 41, § 4-1605, provides a general plan for a statewide vehicle theft strategy and for the complementary disbursement of funds. The Plan is intended to be dynamic and may be modified from time to time by the Council.
Pursuant to Article 41, § 4-102, of the Annotated Code of Maryland, the Vehicle Theft Prevention Council was established as a unit within the Department of Public Safety and Correctional Services. The Council is charged with assisting in the prevention and deterrence of private passenger and commercial motor vehicle theft and related crime, including vandalism and theft of property from vehicles in the State; to improve and support vehicle theft law enforcement, prosecution, prevention/education, and juvenile diversion programs by establishing statewide planning capabilities and coordination of dedicated funding sources. The 1997 General Assembly extended the Vehicle Theft Prevention Council and its Programs to 7/1/2000. The same legislation transferred administrative control of the Council from the Department of Public Safety and Correctional Services to the Department of State Police under Article 88B, § 72-75.
The Council consists of thirteen members appointed by the Governor, as follows:
Members of the Council serve without compensation, but shall be reimbursed for expenses in accordance with standard State travel regulations. The Chairman of the Council is appointed by the Governor. The terms of the initial regular members are staggered and expire as follows; however, a member continues to serve until a successor is appointed:
The organization of the Council into working components, to accomplish objectives will be at the discretion of the Chairman, with advice and assistance from the members and the Executive Director. The Assistant Attorney General assigned to the Department of State Police serves as the legal advisor to the Council.
The Council will be assisted in its duties by an Executive Director and sufficient clerical and financial resources to carry out its duties. The Executive Director shall be employed by the Council and appointed by the Governor. All administrative and operational costs shall be paid from the Fund and may not exceed 7 percent of the total expenditures from the Fund in any fiscal year.
The Council has the following powers and duties:
Through grant awards, the Council will support programs intended to reduce motor vehicle theft, improve administration of motor vehicle theft laws, improve or create programs to eliminate vehicle theft by juveniles, enhance vehicle theft prosecutorial efforts, inform motor vehicle owners of the financial and social costs of vehicle theft, and teach methods of motor vehicle theft prevention. To this end, the Council will:
The Vehicle Theft Prevention Fund, established in Article 88B, § 74, is a non-lapsing dedicated fund. It includes:
In developing a statewide vehicle theft prevention strategy, the Council has embraced the following programmatic approach based on efforts in other states which have proven effective in vehicle theft prevention.
Among the organizations that may want to apply for grants are county and municipal governments, local law enforcement agencies, local prosecutors' offices, and local school systems, institutions of higher education, State agencies, and neighborhood, community or business organizations. Collaborative programs involving local law enforcement agencies and community organizations are strongly encouraged. All organizations receiving funds from the Council will be required to measure, evaluate and report on the effectiveness of their efforts.
As provided in Article 41, § 4-1604(e), the following entities and programs will be considered for funding:
Although it may be difficult to measure the effectiveness of prevention activities, the Council has established this category to include programs that promote public awareness, provide public training in theft prevention measures, and support prevention programs.
Statistics indicate that in four out of five cases of auto theft, owners left doors unlocked; and in one out of five cases, keys were left in the ignition. Without prevention efforts and support from the public, law enforcement alone cannot effectively prevent vehicle thefts in Maryland. Public education campaigns and prevention training programs can increase individual awareness of the costs of vehicle theft, provide tips for vehicle owners to prevent thefts, and demonstrate the savings that preventive measures yield.
In an effort to assure maximum effectiveness and statewide coverage of a prevention campaign, the Council may give preference to applications covering multiple jurisdictions. Partnerships promoting vehicle theft prevention programs between local law enforcement agencies and community organizations are strongly encouraged.
Examples of prevention programs that may be funded are:
Maryland communities are experiencing an ever-increasing incidence of vehicle thefts committed by juveniles. According to the 1993 Maryland Uniform Crime Report, 52 percent of all arrests for vehicle theft in Maryland involve individuals under the age of 18 years.
A percentage of funds will be specifically dedicated to juvenile service agencies to develop programmatic initiatives with specific vehicle theft offense components and to improve data collection to enhance the research and analysis capabilities concerning juveniles involved in vehicle theft and related offenses.
Schools may be an effective setting for presenting special programs to large groups of young people, as with the success of D.A.R.E. (Drug Abuse Resistance Education) in the area of substance abuse prevention. Current study data indicates a need to influence juveniles in both middle and high schools about the consequences of vehicle theft.
Examples of programs that may be funded:
Vehicle theft often transcends jurisdictional boundaries. For this reason, enforcement efforts covering multiple jurisdictional boundaries are encouraged and may receive priority for funding. Multijurisdictional efforts may include, but are not limited to, several municipalities, counties, or regions. In addition, law enforcement agencies should include community leaders and community organizations in both planning and implementing vehicle theft prevention grant programs.
Funds may be allocated for the establishment of multi-agency vehicle theft enforcement teams and other detection/apprehension programs. Funding may be provided for state, county and municipal enforcement efforts that target areas having significant motor vehicle theft problems.
Vehicle theft detection and apprehension programs may include, but are not limited to, community involvement programs, detection training programs, and enhancements to information-gathering programs. Community involvement programs have proven their effectiveness with increased area arrests and recovery statistics.
Detection training programs include inspection procedures, identification of fraudulent titles, investigation of suspicious claims and development of fraud profiles, and investigative methods unique to the crime of motor vehicle theft.
Accurate data compiled by information-gathering systems is required to properly assess the vehicle theft problem and to measure the effectiveness of programs to prevent theft. Programs addressing enhancements to intelligence-gathering systems will be considered for funding.
Examples of enforcement/detection/apprehension programs that may be funded are:
Funding may be provided for prosecution and judicial programs designed to assist with the prosecution of persons charged with vehicle theft offenses. Under this category, funding may be provided for efforts to implement legislative changes that assist in the prosecution of vehicle thieves and the forfeiture of their property.
At present, the prosecution of vehicle theft cases has a relatively low priority at both local and state levels. This is due in part because: 1) staffs are limited and consumed with prosecution of violent crimes; 2) vehicle theft is a property crime as opposed to personal crime; 3) the victim receives insurance compensation; and 4) vehicle theft prosecutions are often complex and expensive in comparison to resultant penalties.
Despite these constraints, prosecution and conviction of automobile thieves is one of the most important means of breaking vehicle theft rings and reducing the economic incentives of vehicle theft. Having a special prosecutor handle vehicle theft cases vertically through both district and circuit courts has proven very effective in achieving convictions.
The following programs provide examples of prosecution/adjudication programs that may be funded:
In reviewing grant applications, the Council will take into account the entities and programs specified in Article 41, § 4-1604 (listed in this document) as well as the magnitude of the vehicle theft problem in the area proposed to be served.
Applicants are encouraged to develop budgets that avoid the use of grant funds for routine administration and operation, rent, or equipment, and to include in-kind contributions or other applicant-generated resources. The Council will make all final decisions on awarding grant funds. In addition, it may actively solicit applications for, or initiate new programs.
Consistent with the preamble in Chapter 459 of the Acts of the General Assembly of 1994, monies in the Fund may be used only to "enhance and complement existing resources." The Council considers enhancement to be a new program or an addition to an existing program. Applicants must agree not to reduce their existing level of expenditures or the number of individuals assigned to vehicle theft prevention below the level prior to the grant application.
Grant applications will be made available periodically at times announced by the Council and consistent with the availability of funding. Grants will be awarded based on the State's fiscal year cycle (July 1 - June 30). During the current fiscal year, grants are available for projects implemented anytime between January 1 and June 30. Renewal applications must be prepared for the continuation of a project beyond the initial grant period. Approval of renewal applications will be based on prior accomplishments and availability of funding.
Upon submission of documentation, grants will be paid on a quarterly reimbursement basis. The Executive Director may, upon receipt of appropriate justification, approve up to 25% advance funding when it is determined that certain organizations do not possess sufficient fiscal resources to implement the program on a reimbursable basis.
All grantees must submit monthly and/or quarterly performance activity (progress) reports and expenditure (financial) reports within 30 days after the end of each period as requested by the Council. A final financial report is due 60 days after the end of the fiscal year.
The Council staff will conduct periodic audits of financial and progress reports to:
An audit may be conducted on any grant, regardless of grant amount, during the grant period, at the discretion of the Council, or at the conclusion of the grant period.
Approved grant project programs may not be modified without prior written approval from the Executive Director. Except for transfers of funds that are less than 5 percent of the total grant budget, budgets may not be modified without prior written approval from the Executive Director. Project revision requests must be submitted at least 30 days in advance of the need for the change. All requests for modifications must be received prior to the fourth quarter financial report.
Any funds received or generated (e.g., sale of merchandise promoting parking in lighted areas, locking vehicle doors, taking keys) by grantees as a result of grant-related vehicle theft prevention activities shall be reported to the Council and may be used only to enhance grant activities.
All grant applications and funded programs must satisfy the following conditions.
The Council may require revision of a grant application to comply with all applicable State and federal laws, guidelines, rules, regulations, and applicable administrative and financial requirements for funded projects.
All grants shall be conducted in accordance with all applicable State or federal laws, rules, regulations, policies, or guidelines; and terms, conditions, standards, or stipulations or grant agreements defined by the Council.
A grantee must secure prior written approval from the Executive Director for any of the following:
A grantee must provide written notification to the Executive Director of all changes in the project director, financial officer, or other authorized official.
Prior to the end of the grant period, a grantee may submit to the Council's Executive Director a written request for a grant extension. Only in extraordinary circumstances will an extension be granted.
All grantee requests (invoices) for funds shall be submitted to the Council, Attention: Executive
Director, in accordance with the instructions provided by the Council and shall be in the form required by the Council. Requests for funds will not be processed until any special conditions that are stipulated in the grant award requiring specified action have been satisfied.
Grant funds may not, without advance written approval by the Council, be obligated prior to the effective date or subsequent to the termination date of the grant period. Obligations must be related to goods or services provided and used for approved vehicle theft prevention purposes.
The Council may terminate any grant for failure to comply with any of the following:
Termination of grants for cause shall be based on finding that:
The Council shall notify grantees of the conditions and findings constituting grounds for termination.
Unexpended or unobligated funds awarded to a grantee shall, upon termination of a grant, revert to the Council.
A grantee may be found ineligible for future grant awards, if a grant awarded to the grantee has been terminated for cause.
Audit and Review
The grantee agrees to allow the Council and any of their duly authorized representative’s access, for purposes of inspection, audit, and examination, to any books, documents, papers, and records of the grantee which are related to the grant project. The Council will conduct periodic audits of the grant to ensure the grant money has been spent in accordance with the policies of the Council and this contract.
The Council will conduct periodic program reviews of the project. The purpose of these reviews will be to determine adherence to stated project goals and to review progress of the project in meeting its objectives.
The grantee agrees to submit monthly and/or quarterly progress reports as requested by the Council. The grantee understands that failure to submit any required reports may result in the termination of the grant.
The grantee must establish a policy to provide equal opportunity to participate in and benefit from all programs, activities, services, and employment without regard to race, color, religion, national origin, age, sex, or handicap. The grantee agrees to take steps necessary to achieve a reasonably representative work force at all levels of employment.
The grantee agrees in all recruiting materials, promotional materials, and advertisements to state that all applicants will receive equal consideration for employment and that all programs, activities, and services will be provided equally without regard to race, color, religion, national origin, age, sex, or handicap.
The grantee agrees to post, in a conspicuous place, notices setting forth the law on equal opportunity in employment and public accommodations.