EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0454*
HOUSE BILL 454
E5 2lr1300
CF 2lr1196
By: Delegate Lopez
Introduced and read first time: January 20, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Pregnancy and Postpartum Support 2
(Prevention of Forced Infant Separation Act) 3
FOR the purpose of requiring the Division of Correction to allow a certain pregnant woman 4
and a certain woman who recently gave birth to transfer to the prerelease unit for 5
women for a certain time period; establishing the Healthy Start Bonding Program to 6
facilitate strong bonds between incarcerated women and their children; requiring 7
the Division to allow liberal visitation between certain individuals and certain 8
children under certain circumstances; and generally relating to pregnancy and 9
postpartum support for incarcerated women and their children. 10
BY adding to 11
Article – Correctional Services 12
Section 3–901 through 3–903 to be under the new subtitle “Subtitle 9. Pregnancy 13
and Postpartum Support” 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Correctional Services 19
SUBTITLE 9. PREGNANCY AND POSTPARTUM SUPPORT. 20
3–901. 21
(A) THE DIVISION SHALL ALLOW A PREGNANT WOMAN CLA SSIFIED TO BE IN 22
PRERELEASE STATUS TO RELOCATE TO THE PRER ELEASE UNIT FOR WOME N 23
THROUGHOUT THE DURAT ION OF HER PREGNANCY . 24 2 HOUSE BILL 454
(B) THE DIVISION SHALL ALLOW AN INMATE WHO IS CLA SSIFIED TO BE IN 1
PRERELEASE STATUS AN D RECENTLY GAVE BIRT H AND HER CHILD TO R ESIDE IN 2
THE PRERELEASE UNIT FOR WOMEN FOR UP TO 1 YEAR FOLLOWING THE B IRTH OF 3
THE CHILD. 4
3–902. 5
(A) THERE IS A HEALTHY START BONDING PROGRAM. 6
(B) THE PURPOSE OF THE PROGRAM IS TO FACILIT ATE STRONG BONDS 7
BETWEEN INCARCERATED WOMEN AND THEIR CHIL DREN. 8
(C) THE DIVISION SHALL DEVELO P THE PROGRAM IN CONSULTATI ON WITH 9
PROFESSIONALS WITH E XPERTISE RELATING TO MATERNAL–CHILD HEALTH AND 10
WELL–BEING. 11
(D) THE PROGRAM SHALL BE OFFE RED AT THE PRERELEAS E UNIT FOR 12
WOMEN AND THE MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN. 13
3–903. 14
(A) THE DIVISION SHALL ALLOW THE FATHER OR SECOND ARY CARETAKER 15
OF A CHILD RESIDING AT THE PRERELEASE UN IT FOR WOMEN LIBERAL VISITATION 16
WITH THE CHILD IF TH E VISITATION IS OTHE RWISE LEGALLY ALLOWE D. 17
(B) THE DIVISION SHALL ALLOW AN INMATE A T THE MARYLAND 18
CORRECTIONAL INSTITUTION FOR WOMEN LIBERAL VISITAT ION WITH HER CHILD . 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21