EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0604*
HOUSE BILL 604
P1, E4 2lr1720
HB 1188/21 – JUD & HGO CF SB 512
By: Delegates Davis, Bartlett, Crutchfield, W. Fisher, Henson, Moon, Shetty, and
Terrasa
Introduced and read first time: January 31, 2022
Assigned to: Judiciary and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Office of the Attorney General – Correctional Ombudsman 2
FOR the purpose of establishing the Correctional Ombudsman in the Office of the Attorney 3
General; requiring the Ombudsman to conduct investigations, reviews, and 4
assessments of administrative acts taken by the Department of Public Safety and 5
Correctional Services or in relation to individuals confined by the Department; 6
requiring the Ombudsman to refer certain matters for criminal charges or 7
disciplinary proceedings; providing for the confidentiality of certain communications 8
with the Ombudsman; establishing the Correctional Ombudsman Advisory Board; 9
prohibiting a person from obstructing the lawful exercise of the Ombudsman’s 10
powers; requiring the Ombudsman to conduct certain activities; and generally 11
relating to the Correctional Ombudsman. 12
BY repealing and reenacting, with amendments, 13
Article – Correctional Services 14
Section 8–114 and 8–117 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – State Government 19
Section 6–601 through 6–608 to be under the new subtitle “Subtitle 6. Correctional 20
Ombudsman” 21
Annotated Code of Maryland 22
(2021 Replacement Volume) 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 2 HOUSE BILL 604
8–114. 1
(a) (1) If the Commission determines that a correctional facility is in violation 2
of the minimum mandatory standards, the Commission shall send a compliance plan to the 3
correctional facility. 4
(2) The compliance plan shall state: 5
(i) which minimum mandatory standards the correctional facility 6
has violated; 7
(ii) the time, to be determined by the Commission, that the 8
correctional facility has to address the violations; and 9
(iii) the date that the Commission shall reinspect the correctional 10
facility to determine if the correctional facility has complied with the minimum mandatory 11
standards. 12
(3) The Commission shall send a copy of the compliance plan to: 13
(I) the executive and legislative body responsible for the correctional 14
facility; AND 15
(II) THE CORRECTIONAL OMBUDSMAN . 16
(b) (1) If, after sending a compliance plan and reinspecting a correctional 17
facility under subsection (a) of this section, the Commission determines that the 18
correctional facility is in violation of the minimum mandatory standards, the Commission 19
shall send a letter of reprimand to the correctional facility. 20
(2) The letter of reprimand shall state: 21
(i) which minimum standards the correctional facility has violated; 22
(ii) the time, to be determined by the Commission but not to exceed 23
60 days, that the correctional facility has to address the violations; and 24
(iii) the date that the Commission will reinspect the correctional 25
facility to determine if the correctional facility has complied with the minimum mandatory 26
standards. 27
(3) The Commission shall send a copy of the letter of reprimand to: 28
(I) the executive and legislative body responsible for the correctional 29
facility; AND 30 HOUSE BILL 604 3
(II) THE CORRECTIONAL OMBUDSMAN . 1
(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 2
facility under subsection (b) of this section and reinspected the facility, the Commission 3
determines that the correctional facility is in violation of the minimum mandatory 4
standards, the Commission shall: 5
(i) conduct a full standards and performance audit of the 6
correctional facility; or 7
(ii) periodically inspect the correctional facility until compliance is 8
attained and send a report of each inspection to the executive and legislative bodies 9
responsible for the correctional facility. 10
(2) When conducting a full standards and performance audit of a 11
correctional facility, the Commission shall examine: 12
(i) the physical condition of the correctional facility; 13
(ii) the safety and treatment of inmates at the correctional facility; 14
(iii) whether the correctional facility has policies and procedures in 15
place as required by the minimum mandatory standards; and 16
(iv) whether the correctional facility is following the required policies 17
and procedures. 18
(3) When conducting a full standards a nd performance audit, the 19
Commission shall have unrestricted access to the personnel and records of the correctional 20
facility. 21
(4) (i) If the Commission lacks the expertise necessary to perform a part 22
of the full standards and performance audit, the Commission may obtain assistance from 23
sources with expertise in the specific standard. 24
(ii) If the Commission needs to obtain assistance, the correctional 25
facility that is being audited shall reimburse the Commission for any cost incurred. 26
(5) (i) After completing a full standards and performance audit, the 27
Commission shall send a letter to the correctional facility. 28
(ii) The letter shall contain: 29
1. a copy of the audit findings, including details on all areas 30
where the correctional facility fails to comply with the minimum mandatory standards; 31
4 HOUSE BILL 604
2. a statement of what actions the correctional facility must 1
take in order to comply with the audit findings; 2
3. a date when the correctional facility must comply with the 3
audit findings; and 4
4. a statement that the Commission will conduct an 5
unannounced inspection of the correctional facility within a reasonable amount of time 6
after the date specified for compliance and that if the correctional facility fails to comply, 7
the Commission may seek a court order requiring compliance or order all or part of the 8
correctional facility to cease operations. 9
(iii) The Commission shall send a copy of the letter to: 10
1. the executive and legislative bodies responsible for the 11
correctional facility; AND 12
2. THE CORRECTIONAL OMBUDSMAN . 13
(6) (I) Within a reasonable time after the date specified for compliance, 14
the Commission shall conduct an unannounced inspection to verify that the correctional 15
facility has complied with the audit findings. 16
(II) ON REQUEST BY THE COMMISSION, THE CORRECTIONAL 17
OMBUDSMAN SHALL CONDU CT AN UNANNOUNCED IN SPECTION TO VERIFY T HAT 18
THE CORRECTIONAL FAC ILITY HAS COMPLIED W ITH THE AUDIT FINDIN GS. 19
(d) (1) If, after performing an audit and unannounced inspection under 20
subsection (c) of this section and holding a hearing on the issue, the Commission determines 21
that a correctional facility has not complied with the audit findings, the Commission shall: 22
(i) petition a circuit court with venue over the proceeding for a court 23
order requiring the correctional facility to comply with the audit findings; or 24
(ii) issue an order to cease operation of the correctional facility or 25
any of its correctional elements, procedures, or functions. 26
(2) The Commission shall provide to a correctional facility reasonable 27
notice of a hearing under paragraph (1) of this subsection. 28
(3) The Commission may subpoena witnesses and hold public hearings in 29
accordance with Title 10, Subtitle 2 of the State Government Article before making a final 30
decision on whether to seek a court order or close a correctional facility or any of its 31
correctional elements, procedures, or functions. 32
8–117. 33 HOUSE BILL 604 5
(A) The Commission may perform any acts necessary and appropriate to carry out 1
the powers and duties set forth in this subtitle. 2
(B) THE COMMISSION SHALL RECE IVE FROM AND SHARE W ITH THE 3
CORRECTIONAL OMBUDSMAN INFORMATION RELATED TO ANY CONDI TION THAT 4
MAY ENDANGER THE LIF E OR HEALTH OF ANY P ERSON IN A CORRECTIO NAL 5
FACILITY. 6
Article – State Government 7
SUBTITLE 6. CORRECTIONAL OMBUDSMAN . 8
6–601. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) “ADMINISTRATIVE ACT ” MEANS ANY ACTION , DECISION, 12
ADJUDICATION , FAILURE TO ACT , OMISSION, RULE OR REGULATION , 13
INTERPRETATION , RECOMME NDATION, POLICY, PRACTICE, OR PROCEDURE OF AN 14
AGENCY. 15
(C) (1) “AGENCY” MEANS: 16
(I) THE DEPARTMENT OF PUBLIC SAFETY AND 17
CORRECTIONAL SERVICES; 18
(II) ANY OFFICER OR EMPLO YEE OF THE DEPARTMENT OF 19
PUBLIC SAFETY AND CORRECTIONAL SERVICES; 20
(III) ANY PERSON PROVIDING SER VICES UNDER A CONTRA CT 21
WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES TO 22
INDIVIDUALS WHO ARE CONFINED BY OR UNDER THE SUPERVISION OF T HE 23
DEPARTMENT ; OR 24
(IV) ANY OFFICER, EMPLOYEE, OR ADMINISTRATIVE HE ARING 25
EXAMINER O F THE STATE OR A UNIT OF LO CAL GOVERNMENT WHO I S ACTING OR 26
PURPORTING TO ACT IN RELATION TO INDIVIDU ALS CONFINED BY OR U NDER THE 27
SUPERVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 28
SERVICES. 29
(2) “AGENCY” DOES NOT INCLUDE : 30
6 HOUSE BILL 604
(I) A JUDGE, AS DEFINED BY § 1–101 OF THE COURTS ARTICLE; 1
(II) THE GENERAL ASSEMBLY OR ANY MEMBE R, EMPLOYEE, OR 2
COMMITTEE OF THE GENERAL ASSEMBLY; OR 3
(III) THE GOVERNOR OR THE GOVERNOR’S PERSONAL STAFF . 4
(D) “OMBUDSMAN ” MEANS THE CORRECTIONAL OMBUDSMAN . 5
(E) “RECORDS” MEANS ALL MATERIALS , REGARDLESS OF PHYSIC AL FORM 6
OR CHARACTERISTICS , CREATED, GENERATED , RECORDED, RECEIVED, POSSESSED, 7
OR CONTROLLED BY OR ON BEHALF OF ANY AGE NCY. 8
6–602. 9
THERE IS A CORRECTIONAL OMBUDSMAN IN THE OFFICE OF THE ATTORNEY 10
GENERAL. 11
6–603. 12
(A) (1) THE ATTORNEY GENERAL SHALL APPOINT THE OMBUDSMAN 13
WITH THE ADVICE AND CONSENT OF THE SENATE. 14
(2) THE OMBUDSMAN SHALL SERVE FOR A TERM OF 5 YEARS. 15
(3) AT THE END OF A TERM , THE OMBUDSMAN CONTINUES T O SERVE 16
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES . 17
(4) THE ATTORNEY GENERAL OR THE GENERAL ASSEMBLY, WITH 18
THE VOTE OF A TWO –THIRDS MAJORITY OF E ACH CHAMBER , MAY REMOVE THE 19
OMBUDSMAN ONLY FOR : 20
(I) MISCONDUCT IN OFFICE ; 21
(II) A FELONY CONVICTION ; OR 22
(III) A PERSISTENT FAILURE BY THE OMBUDSMAN TO PERFORM 23
THE DUTIES OF THE OF FICE. 24
(B) THE OMBUDSMAN SHALL BE AN INDIVIDUAL: 25
(1) WITH RECOGNIZED JUDG MENT AND OBJECTIVITY ; 26
HOUSE BILL 604 7
(2) WHO HAS DEMONSTRATED INTEREST AND EXPERIE NCE IN ISSUES 1
RELATED TO CORRECTIO NS; 2
(3) WHO POSSESSES SKILL IN A NALYZING LAW , ADMINISTRATION , 3
AND PUBLIC POLICY ; AND 4
(4) WITH EXPERIENCE IN A T LEAST ONE OF THE F OLLOWING AREAS : 5
(I) LAW; 6
(II) AUDITING; 7
(III) GOVERNMENT OPERATION S; 8
(IV) INVESTIGATIONS ; 9
(V) SOCIAL WORK; OR 10
(VI) CONFLICT RESOLUTION . 11
(C) WHILE SERVING AS OMBUDSMAN , AN INDIVIDUAL MAY NO T: 12
(1) BE ACTIVELY INVOLVED WITH ANY POLITICAL A CTIVITIES; 13
(2) PUBLICLY ENDORSE , SOLICIT FUNDS FOR , OR MAKE 14
CONTRIBUTIONS TO A P OLITICAL PARTY OR CA NDIDATE FOR ELECTIVE OFFICE; 15
(3) BE A CANDIDATE FOR O R HOLD ANY ELECTIVE OR APPOINTED 16
OFFICE; OR 17
(4) ENGAGE IN ANY OTHER OCCUPATION , BUSINESS, OR PROFESSION 18
LIKELY TO: 19
(I) DETRACT FROM THE FUL L–TIME PERFORMANCE OF THE 20
OMBUDSMAN ’S DUTIES; 21
(II) RESULT IN A CONFLIC T OF INTEREST; OR 22
(III) RESULT IN THE APPEAR ANCE OF IMPROPRIETY . 23
(D) (1) THE SALARY OF THE OMBUDSMAN IS EQUAL TO THE SALARY OF A 24
DISTRICT COURT JUDGE. 25
8 HOUSE BILL 604
(2) THE SALARY OF THE OMBUDSMAN MAY NOT BE DIMINISHED 1
DURING THE OMBUDSMAN ’S TERM OF OFFICE . 2
6–604. 3
(A) THE OMBUDSMAN , IN RESPONSE TO A COM PLAINT OR ON THE 4
OMBUDSMAN ’S INITIATIVE, SHALL: 5
(1) INVESTIGATE ANY ADMI NISTRATIVE ACT THAT THE OMBUDSMAN 6
DETERMINES MAY BE : 7
(I) CONTRARY TO LAW OR R EGULATION; 8
(II) BASED ON A MISTAKE O F FACT; 9
(III) UNSUPPORTED BY SUFFI CIENT EVIDENCE ; 10
(IV) PERFORMED IN AN INEF FICIENT MANNER ; 11
(V) UNREASONABLE UNDER T HE TOTALITY OF THE 12
CIRCUMSTANCES ; OR 13
(VI) OTHERWISE ERRONEOUS ; 14
(2) CONDUCT INDEPENDENT REVIEWS AND ASSESSME NTS OF: 15
(I) HEALTH SERV ICES PROVIDED TO IND IVIDUALS CONFINED 16
BY ANY AGENCY ; 17
(II) MENTAL HEALTH SERVIC ES PROVIDED TO INDIV IDUALS 18
CONFINED BY ANY AGEN CY; 19
(III) PLANS BY AGENCIES TO EXPAND, RENOVATE, OR CLOSE 20
FACILITIES; 21
(IV) EDUCATIONAL AND VOCA TIONAL PROGRAMS FOR 22
INDIVIDUALS CONFINED BY ANY AGENCY; AND 23
(V) AGENCY POLICIES ON R ESTRICTIVE OR PROTEC TIVE 24
HOUSING; 25
(3) COOPERATE WITH ANY A GENCY IN EFFORTS TO IMPROVE THE 26
FUNCTIONING OF ANY A GENCY OR PREVENT ABU SES BY AGENCIES; 27 HOUSE BILL 604 9
(4) INSPECT ANY FACILITI ES OWNED OR CON TROLLED BY ANY 1
AGENCY TO MONITOR CO NDITIONS IN THE FACI LITIES; 2
(5) SEEK TO RESOLVE COMP LAINTS AGAINST AN AG ENCY THROUGH 3
MEDIATION OR OTHER C ONFLICT RESOLUTION M ETHODS; 4
(6) MAINTAIN A WEBSITE T HAT: 5
(I) SUBJECT TO THE REQUI REMENTS OF SUBSECTIO N (E) OF 6
THIS SECTION, MAKES CURRENT AND PA ST REPORTS AVAILABLE TO THE PUBLIC ; 7
AND 8
(II) PROVIDES CONTACT INF ORMATION FOR THE OFFICE OF 9
THE CORRECTIONAL OMBUDSMAN ; AND 10
(7) ADOPT REGULATIONS NE CESSARY TO CARRY OUT THE 11
REQUIREMENTS OF THIS SUBTITLE. 12
(B) (1) THE OMBUDSMAN SHALL INVES TIGATE EACH COMPLAIN T ABOUT 13
AN ADMINISTRATIVE AC T, UNLESS THE OMBUDSMAN DETERMINES THAT: 14
(I) THE COMPLAINT COULD BE ADDRESSED THROUGH 15
ANOTHER PROCESS ; 16
(II) THE COMPLAINT IS TRI VIAL, FRIVOLOUS, VEXATIOUS, OR 17
NOT MADE IN GOOD FAITH; 18
(III) THE COMPLAINANT UNRE ASONABLY DELAYED IN BRINGING 19
THE COMPLAINT ; 20
(IV) THE COMPLAINANT IS N OT PERSONALLY AFFECT ED BY THE 21
ADMINISTRATIVE ACT ; OR 22
(V) THE OMBUDSMAN LACKS SUFFI CIENT RESOURCES TO 23
INVESTIGATE THE COMP LAINT. 24
(2) THE OMBUDSMAN SHALL INFOR M A COMPLAINANT OF A 25
DECISION NOT TO INVE STIGATE A COMPLAINT . 26
(3) ON REQUEST, THE OMBUDSMAN SHALL INFOR M A COMPLAINANT 27
OF THE STATUS OF AN INVESTIGATION . 28
10 HOUSE BILL 604
(4) ON THE COMPLETION OF AN INVESTIGATION BAS ED ON A 1
COMPLAINT, THE OMBUDSMAN SHALL INFORM T HE COMPLAINANT OF AN Y 2
CONCLUSIONS , RECOMMENDATIONS , AND ACTIONS TAKEN IN RESPONSE TO THE 3
COMPLAINT. 4
(C) IF THE OMBUDSMAN DETERMINES THAT AN EMPLOYEE OR AGENT OF AN 5
AGENCY ACTED IN A MA NNER WARRANTING CRIM INAL CHARGES OR DISC IPLINARY 6
PROCEEDINGS , THE OMBUDSMAN SHALL REFER THE MATTER TO APPROP RIATE 7
AUTHORITIES. 8
(D) AN AGENCY MAY NOT : 9
(1) RESTRICT THE OMBUDSMAN ’S ABILITY TO: 10
(I) INTERVIEW AGENCY PER SONNEL OR ANY INDIVI DUAL 11
CONFINED BY AN AGENC Y; 12
(II) ACCESS ANY RECORDS MAINTAINED BY THE AG ENCY; OR 13
(III) ACCESS ANY FACILITIE S OWNED OR CONTROLLE D BY THE 14
AGENCY; 15
(2) OPEN ANY CORRESPONDE NCE SENT: 16
(I) TO THE OMBUDSMAN BY A PERSON BEING CONFINED BY 17
THE AGENCY; OR 18
(II) BY THE OMBUDSMAN TO A PERSON BEING CONFINED BY 19
THE AGENCY; OR 20
(3) INTERFERE WITH , DELAY, OR MONITOR ANY COMMU NICATION 21
BETWEEN THE OMBUDSMAN AND A PERSO N BEING CONFINED BY THE AGENCY. 22
(E) IN PERFORMING THE DUT IES ASSIGNED UNDER T HIS SUBTITLE, THE 23
OMBUDSMAN SHALL TREAT ALL COMMUNICATIONS A S CONFIDENTIAL AND MAY 24
REVEAL THE DETAILS O F ANY COMMUNICATION ONLY IF IT IS: 25
(1) NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES; AND 26
(2) DONE IN ACCORDANCE W ITH APPLICABLE STATE AND FEDERAL 27
LAW. 28
(F) THE OMBUDSMAN MAY SUBPOEN A ANY INDIVIDUAL TO APPEAR TO GIVE 29 HOUSE BILL 604 11
SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 1
NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES. 2
(G) THE OMBUDSMAN MAY BRING A N ACTION IN THE CIRC UIT COURT TO 3
ENFORCE THE PROVISIO NS OF THIS SUBTITLE . 4
6–605. 5
(A) WITHIN 30 DAYS AFTER COMPLETING AN INVESTIGATION , THE 6
OMBUDSMAN SHALL SUBMI T TO AN AGENCY A REP ORT CONTAINING ANY 7
CONCLUSIONS , RECOMMENDATIONS , AND REQUESTS FOR A R ESPONSE FROM THE 8
AGENCY. 9
(B) IF THE REPORT SUBMITT ED TO AN AGENCY UNDE R THIS SECTION 10
CONTAINS A REQUEST F OR A RESPONSE FROM T HE AGENCY, THE AGENCY SHALL 11
PROVIDE A WRITTEN RE SPONSE WITHIN 30 DAYS AFTER RECEIPT O F THE REPORT. 12
(C) THE OMBUDSMAN MAY PROVIDE THE REPORT REQUIRED BY THIS 13
SECTION, AS WELL AS ANY RESPO NSES BY THE AGENCY , TO THE GOVERNOR OR , IN 14
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 15
6–606. 16
(A) ON OR BEFORE DECEMBER 31 EACH YEAR, THE OMBUDSMAN SHALL 17
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, 18
THE GENERAL ASSEMBLY ON: 19
(1) INVESTIGATIONS CONDU CTED BY THE OMBUDSMAN ; 20
(2) ANY ACTIONS TAKEN BY AN AGENCY AS A RESUL T OF THE 21
CONCLUSIONS OR RECOM MENDATIONS OF THE OMBUDSMAN ; AND 22
(3) ANY INSTANCE WHERE A N AGENCY REJECTS A R ECOMMENDATION 23
OR CONCLUSION OF THE OMBUDSMAN . 24
(B) IN ADDITION TO THE RE PORT REQUIRED BY SUBSECTI ON (A) OF THIS 25
SECTION, THE OMBUDSMAN SHALL PROVI DE TO THE GOVERNOR AND , IN 26
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE GENERAL ASSEMBLY ANY 27
OTHER REPORTS THAT T HE GOVERNOR OR THE GENERAL ASSEMBLY MAY REQUIRE . 28
(C) A REPORT PREPARED UNDER THIS SECTION S HALL BE PUBLISHED ON 29
THE OMBUDSMAN ’S WEBSITE. 30
12 HOUSE BILL 604
6–607. 1
(A) IN THIS SECTION, “BOARD” MEANS THE CORRECTIONAL OMBUDSMAN 2
ADVISORY BOARD. 3
(B) THERE IS A CORRECTIONAL OMBUDSMAN ADVISORY BOARD. 4
(C) THE PURPOSE OF THE BOARD IS TO PROVIDE INFORMATION TO THE 5
OMBUDSMAN AND ASSIST THE OMBUDSMAN IN IDENTIFY ING APPROPRIATE 6
MATTERS TO INVESTIGA TE. 7
(D) THE BOARD SHALL CONSIST O F 10 MEMBERS APPOINTED BY THE 8
ATTORNEY GENERAL. 9
(E) TO THE EXTENT PRACTIC ABLE, THE ATTORNEY GENERAL SHALL 10
ENSURE THAT THE MEMBERSHIP OF TH E BOARD INCLUDES REPRES ENTATIVES OF: 11
(1) FAMILY MEMBERS OF CO NFINED INDIVIDUALS ; 12
(2) RETURNING CITIZENS ; 13
(3) NONSUPERVISORY CORRE CTIONAL OFFICERS ; 14
(4) MEMBERS OF THE PUBLI C WITH A DEMONSTRATE D INTEREST IN 15
CORRECTIONS ; AND 16
(5) INDIVIDUALS WITH BAC KGROUNDS IN HEALTH C ARE AND SOCIAL 17
WORK. 18
(F) THE OFFICE OF THE CORRECTIONAL OMBUDSMAN SHALL PROVI DE 19
STAFF FOR THE BOARD. 20
6–608. 21
(A) A PERSON MAY NOT , BY THREAT , FORCE, OR CORRUPT MEANS , 22
OBSTRUCT, IMPEDE, OR TRY TO OBSTRUCT T HE LAWFUL EXERCISE OF THE 23
OMBUDSMAN ’S POWERS. 24
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 25
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 26
FINE NOT EXCEEDING $10,000 OR BOTH. 27
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 28 HOUSE BILL 604 13
Assembly that the Governor shall include in the State budget for fiscal year 2024 and each 1
subsequent fiscal year an appropriation in an amount sufficient to fund the provisions of 2
this Act and to provide for at least two staff members of the Office of the Correctional 3
Ombudsman in 2024 and at least seven staff members of the Office in 2025 and each 4
subsequent fiscal year. 5
SECTION 3. AND BE IT FURTHER ENACTED, That on or before De cember 31, 6
2022, the Correctional Ombudsman and the Commission on Correctional Standards shall 7
submit a joint report to the Governor and, in accordance with § 2–1257 of the State 8
Government Article, the General Assembly detailing how the Office of the Correctional 9
Ombudsman and the Commission will coordinate in order to avoid overlap in their duties. 10
SECTION 4. AND BE IT FURTHER ENACTED, That on or before December 31, 11
2022, the Mediation and Conflict Resolution Office shall report to the Correctional 12
Ombudsman, the Governor, and, in accordance with § 2–1257 of the State Government 13
Article, the General Assembly on best practices for mediating grievances in the corrections 14
system. 15
SECTION 5. AND BE IT FURTHER ENACTED, That it is the intent of the General 16
Assembly that, in its first year of operation, the Office of the Correctional Ombudsman 17
focus its activities primarily on those State correctional facilities located in the area of 18
Jessup, Maryland. 19
SECTION 6. AND BE IT FURTHER ENACTED, That it is the int ent of the General 20
Assembly that, in its first year of operation, the Office of the Correctional Ombudsman 21
conduct an audit of programming and services provided by the Division of Corrections since 22
fiscal year 2019. This audit shall include, among other things, an examination of: 23
(1) inmates’ rates of participation in: 24
(i) educational and vocational training; 25
(ii) evidence–based behavioral health and substance abuse 26
counseling; and 27
(iii) mentoring and reentry programs; and 28
(2) any obstacles to inmates’ participation in programs provided by the 29
Division. 30
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2022. 32