ANNAPOLIS, Md. — The parents of Pava LaPere, the Baltimore tech CEO found murdered on the roof of her Mount Vernon apartment building last fall, want to change the system they say failed their daughter.
Frank and Caroline LaPere flew from their home in Arizona to Maryland to tell lawmakers why they should move forward with the "Pava Marie LaPere Act."
Named after their daughter, the bill seeks to prevent the automatic early release of violent sex offenders.
"Baltimore Mayor Brandon Scott stated emphatically on September 26, that there was no way he should have been on the streets," Frank LaPere recalled during his testimony.
Jason Billingsley, the man accused of murdering LaPere, had been let out of prison early less than a year before, in October 2022.
“Billingsley was released after seven years of a very, very long sentence. And our daughter was dead 11 months later,” Frank LaPere said.
He was released automatically - meaning without the review or approval of a parole board - thanks to a system called diminution credits. Inmates can earn these credits through participating in education, work, programming, and general good behavior.
Delegate Elizabeth Embry, who’s sponsoring the bill, explained it to lawmakers during her testimony: “You’re released automatically once you earn enough. The calculations vary depending on the crime, but there’s zero discretion involved on the release.”
In contrast, she explained, when release is granted through a parole board, they take into account things like a victim's testimony, the inmate’s record and whether they have a history of violent crime, testimony from law enforcement, lawyers, and representatives for the inmate. The parole board also looks at all of the same things involved in the diminution credit system - whether the inmate has had good behavior, and whether they’ve participated in rehabilitative programs.
“They consider the entire package,” she said.
She pointed to current law that says if a victim of an inmate convicted of rape or a first-degree sex offense is under the age of 16, their release has to go before a parole board; they cannot earn diminution credits. She believes that should apply for all violent sex offenders, regardless of their victim’s age.
The Pava Marie LaPere Act would take away these credits for inmates convicted of rape or other violent sex offenses. They would still be eligible for early release, but only if a parole board approves it.
"If you behaved well, and the parole board knows that you're behaving well behind bars and not causing a problem, and you show you are prepared to behave well outside of prison, then you should be granted parole. But that shouldn't be automatic,” said Baltimore City Councilman Mark Conway, a supporter of the bill and chair of the Public Safety and Government Operations Committee.
“The dimunition credit system, unfortunately, allowed somebody who was not ready to be back on the streets, roam the streets, and very quickly made a number of very poor decisions,” Conway added, referencing the separate crime Billingley allegedly committed just a few days prior to LaPere's murder.
In that incident, he's accused of attempted murder, rape, and arson.
During Frank LaPere's emotional testimony, he often spoke through tears.
“We never want another family to have to identify their daughter's body - almost unrecognizable - again. The pain and grief is too much for a person to handle. And it can and should be set in stone that no other father has the experience that I have had. Let us work together as a community, as a legislature, and as a judicial system, to ensure that Pava Marie LaPere is the very last victim of a convicted repeat sexual offender.”
His wife, Caroline, followed his testimony. “I’ve never had a more profound loss. It’s hard to talk, focus, get up every day. But I have an important mission. I'm here for two reasons: perserve the legacy of Pava Marie LaPere, and please, all of us, we need to prevent the violence in our society through any means available,” she told lawmakers.“There are so many victims who can’t or won’t have the chance to address you. Pava clearly recognized many inequities in society, and she worked hard to reverse them. I want to help carry that torch.”
Baltimore City State’s Attorney Ivan Bates also testified in support of the bill, pointing to “concerning” statistics from the Maryland Department of Public Safety and Correctional Services: “Between fiscal year 2014 and 2023, 11 incarcerated individuals were released on parole, who had either been charged with first-degree rape or sex offense. However, additionally, during that same time, 199 incarcerated individuals were released due to dimunition credits, despite having charges of rape first-degree or sex offense first-degree. [...] This bill sends a clear message that sentences for such heinous crimes will be fully enforced,” Bates said.
Julianna Buonanno, friend of Pava’s and CEO and founder of TechSlice, told reporters prior to the hearing: “When it comes to violent crime, the recidivism rates are extremely high. And what that means is, offenders are likely to re-offend for the same crime or another serious violent crime. The rates for violent sexual crime are even higher.”
Another issue, she said, is “you’re not going to feel safe coming forward as a survivor if you don’t feel like you’re protected or like the judiciary system is put in place to protect survivors. So I also feel like this will open the doors for people to understand how pervasive violent sexual crime truly is."
A few public defenders and criminal justice advocates also testified in opposition of the bill, saying it would remove any incentive for inmates to rehabilitate themselves while in prison.
“That person is going to be released regardless of whether they do absolutely nothing while they're in prison, or if they participate in programming or are required to participate in some type of programming. What I am suggesting is that rather than taking away diminution credits, there should be the opportunity or the requirement that people participate in programming when they are in the prison and they are a captive audience. Fund the programming while they are there, particularly for those individuals who we know will return to the community at some point. Fund the programming while they are there, particularly for those individuals who we know will return to the community at some point," Baltimore City District Public Defender Marguerite Lanaux.
“I 100% agree with everything I was hearing before in all the testimonies in favor of this bill, that something is broken in the system, where a person can be released and commit this kind of new harm. The point that we wanted to make in particular is that this doesn’t make our communities safer, it simply delays. Because we’re not making any kind of a change that would stop the potential for re-offense, and this person is still going to eventually get out. It’s not changing it from getting out early to never getting out at all,” Brenda Jones, speaking on behalf of Families Advocating Intelligent Registries.
“[Dimunition] credits include credits you get for staying out of trouble, but also for engaging in the kind of rehabilitative conduct we want, engaging in drug treatment, anger management, going to school, working important jobs in the DOC, behavior that keeps people engaged and makes the DOC a safer and more rehabilitative place for all," Gabrielle Ellenberger said, who also works in the state's public defender's office, and noted she lost a loved one to a violent crime.
They say it will have the “reverse impact" that the bill intends, of preventing people from re-offending once they are released.
“With individuals who have committed sex offenses, to discourage recidivism, they need to have programming behind the wall, when you have them as a captive audience. When you remove diminution credits, and don’t allow them the opportunity or the incentive to earn or participate in programs, you’re just returning them back to the community without the necessary tools they need to be productive," Lanaoux said.
Delegate Aaron Kaufman (D-18, Montgomery County), asked them, “You can’t listen to Mr. and Mrs. LaPere and feel that the system is working beautifully. So what’s your alternative? Because it clearly is an issue, you’ve acknowledged it’s an issue, so if you want to keep diminution credits, what’s the alternative in terms of assuring that what happened to Pava doesn’t happen to many other people?”
Ellenberger responded, “My clients who have been convicted of sex offenses get released without any treatment at all. They are released into society in the exact same position they were, except for the programs that they engage with while they are in the DOC. My recommendation would be to incentivize and fund participation in actual research and methodogically-based treatment programs.”
Delegate Scott Phillips (D- District 10, Baltimore County) asked, aren’t the offenders still eligible for parole?
Lanaux responded, “Yes. The issue is, for these types of offenses, specifically speaking for first-degree rape, the likelihood of a person ever being paroled, or going before the parole commission and being released, is very low. […] What this [bill] seeks to do is dissuade or to take away the ability for people to earn additional time off their sentence."
“These people incarcerated know they are not getting paroled, as Mr. Bates’ statistics show. It means they will be getting out a few years later, but without any incentive to engage in rehabilitative programming in the meantime,” Ellenberger said.
This was just the first step in getting the bill passed. Now, it goes to the House Judiciary committee for a vote. If the bill makes through committee, it’ll go to the full House for a second, and third reading, before repeating the same process in the Senate.
