EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0453*
HOUSE BILL 453
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By: Delegate Lopez
Introduced and read first time: January 20, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Facilities – Transgender, Nonbinary, and Intersex Inmates 2
(Transgender Respect, Agency, and Dignity Act) 3
FOR the purpose of prohibiting an employee of a correctional facility from discriminating 4
against inmates on the basis of certain protected classes; requiring the managing 5
official of a correctional facility to develop a written nondiscrimination policy 6
regarding inmates; establishing certain requirements for correctional facilities 7
relating to the gender identity of inmates and inmates who are transgender, 8
nonbinary, or intersex; and generally relating to correctional facilities and 9
transgender, nonbinary, and intersex inmates. 10
BY adding to 11
Article – Correctional Services 12
Section 9–618 through 9–620 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
Preamble 16
WHEREAS, The term “transgender” is broad and inclusive of all gender identities 17
different from the gender a person was assigned at birth, including transsexual, two–spirit, 18
and māhū. “Nonbinary” is an inclusive term used to describe individuals who may 19
experience a gender identity that is neither exclusively male nor female or is in between or 20
beyond both of those genders, including gender fluid, agender or without gender, third 21
gender, genderqueer, gender variant, and gender nonconforming. The term “intersex” is a 22
broad and inclusive term referring to people whose anatomy, hormones, or chromosomes 23
fall outside the strict male and female binary; and 24
WHEREAS, The United States Supreme C ourt recognized that incarcerated 25
transgender individuals are particularly vulnerable to sexual abuse and sexual harassment 26
and that disregarding the known risks to a transgender woman constitutes deliberate 27 2 HOUSE BILL 453
indifference in violation of the federal Constitution; and 1
WHEREAS, Official data collected by the U.S. Bureau of Justice Statistics confirms 2
that nationwide, incarcerated transgender individuals experience exceptionally high rates 3
of sexual victimization. In a 2011–2012 survey, almost 40% of incarcerated transgender 4
individuals reported experiencing sexual victimization while incarcerated compared to 4% 5
of all incarcerated individuals; and 6
WHEREAS, A congressional study found that instances of prison rape often go 7
unreported, and that “most prison staff are not adequately trained or prepared to prevent, 8
report or treat inmate sexual assaults”. 40% of transgender women respondents reported 9
harassment from other incarcerated individuals, and 38% reported being harassed by 10
correctional officers or staff; and 11
WHEREAS, Correctional officers and other incarcerated people predominantly refer 12
to transgender women as men, using masculine pronouns, and transgender men as women, 13
using feminine pronouns; and 14
WHEREAS, Gender transition is a deeply personal experience that may involve 15
some combination of social transition, legal transition, medical transition, or none of these. 16
Some transgender, nonbinary, and intersex people experience gender dysphoria that 17
requires medical treatment, while others do not experience gender dysphoria. Due to safety 18
concerns, inconsistent medical and mental health care, insufficient education and 19
resources, and other factors, incarceration often serves as a barrier to gender transition. 20
Regardless of the ways in which a person chooses or is able to express the person’s gender 21
or to take medical, social, or legal transition steps, the person deserves respect, agency, and 22
dignity; now, therefore, 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Correctional Services 26
9–618. 27
(A) AN EMPLOYEE OF A CORR ECTIONAL FACILITY MA Y NOT DISCRIMINATE 28
AGAINST AN INMATE WI TH REGARD TO PROGRAM S, SERVICES, OR ACTIVITIES ON 29
THE BASIS OF THE INMATE’S RACE, ETHNICITY, RELIGION, NATIONAL ORIGIN , AGE, 30
SEX, GENDER IDENTITY , SEXUAL ORIENTATION , DISABILITY, PREGNANCY STATUS , 31
OR POLITICAL BELIEFS . 32
(B) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 33
IMPLEMENT A WRITTEN POLICY STATING THAT AN INMATE M AY NOT BE 34
DISCRIMINATED AGAINS T WITH REGARD TO PRO GRAMS, SERVICES, OR ACTIVITIES 35
ON THE BASIS OF THE INMATE’S RACE, ETHNICITY, RELIGION, NATIONAL ORIGIN , 36
AGE, SEX, GENDER IDENTITY , SEXUAL ORIENTATION , DISABILITY, PREGNANCY 37 HOUSE BILL 453 3
STATUS, OR POLITICAL BELIEFS . 1
9–619. 2
(A) DURING THE INITIAL IN TAKE AND CLASSIFICAT ION PROCESS , AN 3
OFFICER SHALL , IN A PRIVATE SETTING , ASK EACH I NMATE TO SPECIFY THE 4
FOLLOWING INFORMATIO N: 5
(1) THE INMATE’S GENDER IDENTITY , INCLUDING MALE , FEMALE, OR 6
NONBINARY; 7
(2) WHETHER THE INMATE IDENTIFIES AS TRAN SGENDER, 8
NONBINARY, OR INTERSEX; AND 9
(3) THE INMATE’S GENDER PRONOUN S AND HONORIFIC S. 10
(B) AN INMATE MAY NOT BE DISCIPLINED FOR REFU SING TO DISCLOSE 11
INFORMATION IN RESPO NSE TO THE QUESTIONS REQUIRED UNDER SUBSE CTION (A) 12
OF THIS SECTION. 13
(C) AT ANY TIME , ON THE REQUEST OF AN INMATE, CORRECTIONAL 14
FACILITY STAFF SHALL PROMPTLY PROVIDE THE INMATE AN OPPORTUNIT Y TO 15
UPDATE THE INFORMATION PROV IDED UNDER SUBSECTION (A) OF THIS SECTION. 16
(D) STAFF, CONTRACTORS , AND VOLUNTEERS AT A CORR ECTIONAL 17
FACILITY SHALL USE T HE GENDER PRONOUN S AND HONORIFIC S AN INMATE HAS 18
SPECIFIED IN ALL VER BAL AND WRITTEN COMM UNICATIONS WITH OR R EGARDING 19
THE INMATE THAT INVOLVE THE USE OF A PRONOUN OR HONORIFIC . 20
9–620. 21
(A) THIS SECTION APPLIES TO AN INMATE WHO IS TRANSG ENDER, 22
NONBINARY, OR INTERSEX, REGARDLESS OF ANATOM Y. 23
(B) STAFF, CONTRACTORS , AND VOLUNTEERS AT A CORRECTIONAL 24
FACILITY SHALL ADDRE SS AN INMATE IN A MANNER CONSISTE NT WITH THE 25
INMATE’S GENDER IDENTITY . 26
(C) SUBJECT TO SUBSECTION (F) OF THIS SECTION , AN INMATE SHALL BE 27
HOUSED AT A CORRECTIONAL FA CILITY DESIGNATED FO R MEN OR WOMEN BASED 28
ON THE INMATE’S PREFERENCE , INCLUDING RESIDENTIA L TREATMENT FACILITI ES 29
MANAGED BY THE DEPARTMENT IF THE INM ATE IS ELIGIBLE. 30
4 HOUSE BILL 453
(D) (1) WHEN CONSIDERING A HOUSING DECISION WITHIN A FA CILITY, 1
INCLUDING GRANTING S INGLE CELL STATUS , HOUSING AN INMATE WITH ANOTHER 2
INMATE OF THE INMATE’S CHOICE, OR REMOVING ANOTHER INMATE WHO POSES A 3
THREAT TO THE INMATE , STAFF SHALL CONSIDER THE INMATE’S PERCEPTION OF 4
HEALTH AND SAFETY . 5
(2) AN INMATE’S ASSIGNMENT , PLACEMENT , OR PROGRAMMING 6
SHALL BE REASSESSED ANY TIME AN INMATE R AISES CONCERNS FOR T HE INMATE’S 7
HEALTH OR SAFETY . 8
(E) (1) IF AN INMATE IS LAWFULL Y SEARCHED, THE INMATE SHALL BE 9
SEARCHED ACCORDING T O THE SEARCH POLICY FOR THE INMATE ’S GENDER 10
IDENTITY OR ACCORDIN G TO THE GENDER DESI GNATION OF THE FACIL ITY IN WHICH 11
THE INMATE IS HOUSED , BASED ON THE INMATE’S PREFERENCE. 12
(2) IF THE INMATE’S SEARCH PREFERENCE OR GENDER IDENTITY 13
CANNOT BE DETERMINED , THE INMATE SHALL BE SEARCHED ACCORDING T O THE 14
GENDER DESIGNATION O F THE FACILITY IN WH ICH THE INMATE IS HOUSED. 15
(F) (1) THE DEPARTMENT MAY DENY A N INMATE’S SEARCH OR HOUSING 16
PLACEMENT PREFERENCE DUE TO SPECIFIC AND ARTICULABLE MANAGEMENT OR 17
SECURITY CONCERNS . 18
(2) IF THE DEPARTMENT DENIES AN INMATE’S SEARCH OR HOUSING 19
PLACEMENT PREFERENCE , THE SECRETARY, OR THE SECRETARY’S DESIGNEE, 20
SHALL CERTIFY IN WRI TING A SPECIFIC AND ARTICULABLE BASIS FOR THE 21
DEPARTMENT ’S INABILITY TO ACCOM MODATE THE INMATE ’S PREFERENCE . 22
(3) THE DEPARTMENT MAY NOT DE NY AN INMATE ’S SEARCH OR 23
HOUSING PLACEMENT PR EFERENCE BASED ON A DISCRIMINATORY RE ASON, 24
INCLUDING THE INMATE ’S ANATOMY OR SEXUAL ORIENTATION . 25
(4) (I) AN INMATE DENIED A SEARCH OR H OUSING PLACEMENT 26
PREFERENCE REQUEST SHALL RECEIVE A COPY OF THE WRITTEN BASIS FOR THE 27
DENIAL AND SHALL BE GIVEN A REASONABLE T IME FRAME FROM THE R ECEIPT OF 28
THE DENIAL TO VERBAL LY RAISE ANY OBJECTI ONS TO THE DENIAL . 29
(II) ANY VERBAL OBJECTIONS RAISED BY THE INMATE TO THE 30
DENIAL SHALL BE DOCU MENTED. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2022. 33