EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1245*
HOUSE BILL 1245
E5 2lr2927
HB 102/21 – JUD CF 2lr2931
By: Delegate Hill
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Inmates – Labor, Job Training, and Educational Courses 2
FOR the purpose of requiring the compensation rate for inmate labor in Maryland 3
Correctional Enterprises to be not less than the federal minimum wage; requiring 4
the Division of Correction to offer job training and educational courses to certain 5
inmates; requiring the Maryland Department of Labor to evaluate the job training 6
and educational courses offered by the Division on an ongoing basis; and generally 7
relating to inmates. 8
BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 3–514 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Correctional Services 15
Section 9–618 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Correctional Services 21
3–514. 22
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 23
Commissioner and Chief Executive Officer shall establish the compensation rate for inmate 24 2 HOUSE BILL 1245
labor in Maryland Correctional Enterprises, taking into consideration other wage 1
payments and incentives in other programs. 2
(2) THE COMPENSATION RATE FOR INMATE LABOR IN MARYLAND 3
CORRECTIONAL ENTERPRISES MAY NOT B E LESS THAN THE MINI MUM WAGE UNDER 4
THE FEDERAL FAIR LABOR STANDARDS ACT. 5
(b) After review by the Management Council, and after consideration of any 6
recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations 7
in accordance with Title 10, Subtitle 1 of the State Government Article that govern the 8
method and time of compensation payments. 9
9–618. 10
(A) (1) SUBJECT TO SAFETY AND SECURITY CONCERNS , THE DIVISION OF 11
CORRECTION SHALL OFFE R JOB TRAINING TO AL L INMATES. 12
(2) THE MARYLAND DEPARTMENT OF LABOR SHALL PARTNER WITH 13
LABOR UNIONS , TRADE ASSOCIATIONS , AND EDUCATIONAL INST ITUTIONS TO 14
DEVELOP THE JOB TRAI NING PROGRAMS TO BE OFFERED. 15
(3) THE JOB TRAINING OFFE RED SHALL FOCUS ON M ARKETABLE 16
SKILLS. 17
(B) (1) SUBJECT TO SAFETY AND SECURITY CONCERNS , THE DIVISION 18
SHALL OFFER EDUCATIO NAL COURSES TO ALL I NMATES. 19
(2) EDUCATIONAL OFFERINGS SHALL INCLUDE : 20
(I) COURSES ABOVE GED LEVEL; 21
(II) FINANCIAL LITERACY ; 22
(III) INVESTING; AND 23
(IV) CIVICS. 24
(C) ON OR BEFORE MARCH 1 ANNUALLY, THE DEPARTMENT SHALL REPO RT 25
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 26
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE JOB T RAINING AND 27
EDUCATIONAL COURSES OFFERED BY THE DIVISION DURING THE P RECEDING 28
CALENDAR YEAR , INCLUDING: 29
(1) A LISTING AND DESCRI PTION OF EACH TRAINI NG MODULE AND 30 HOUSE BILL 1245 3
EDUCATIONAL COURSE O FFERED ALONG WITH TH E NUMBER OF STUDENTS 1
PARTICIPATING IN EAC H; AND 2
(2) THE NUMBER OF INMATES WHO RECEIVED DIPLOMA S, 3
CERTIFICATES, OR OTHER PROGRAM COM PLETIONS, BY CATEGORY . 4
(D) (1) THE MARYLAND DEPARTMENT OF LABOR SHALL , ON AN 5
ONGOING BASIS , EVALUATE THE JOB TRA INING AND EDUCATIONA L COURSES 6
OFFERED BY THE DIVISION, AND, ON OR BEFORE DECEMBER 31 EVERY 3 YEARS 7
BEGINNING DECEMBER 31, 2023, REPORT TO THE GOVERNOR AND , IN ACCORDANCE 8
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 9
ON: 10
(I) THE EXTENT TO WHICH THE COURSES OFFERED MEET THE 11
TRAINING AND EDUCATI ONAL GOALS FOR WHICH THEY WERE ESTABLISHE D; 12
(II) THE DEGREE OF PARTICIPATION IN EACH COURSE AND 13
REASONS FOR LOW PARTICIPATION IN ANY COURSE; 14
(III) ANY SECURITY CONCERN S THAT PRESENT BARRIER S TO 15
THE IMPLEMENTATION O F A COURSE; AND 16
(IV) RECOMMENDATIONS FOR ANY NEW OR MODIFIED 17
PROGRAMMING . 18
(2) THE MARYLAND DEPARTMENT OF LABOR SHALL CONSIDER THE 19
FOOTPRINT, PHYSICAL STRUCTURE , AND STAFFING OF DIVISION FACILITIES I N 20
MAKING ANY RECOMMENDATION F OR NEW OR MODIFIED P ROGRAMMING . 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23