EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0067*
HOUSE BILL 67
E5 2lr0786
HB 131/21 – JUD (PRE–FILED)
By: Delegate J. Lewis
Requested: October 18, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Step–Down Programs – Cause of Action 2
FOR the purpose of providing for a certain step–down program that the Commissioner of 3
Correction is required to provide to a certain inmate in a certain manner; authorizing 4
a certain civil action for damages; and generally relating to programs for inmates. 5
BY repealing and reenacting, without amendments, 6
Article – Correctional Services 7
Section 9–614(a) 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Correctional Services 12
Section 9–614.2 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 16
That the Laws of Maryland read as follows: 17
Article – Correctional Services 18
9–614. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Correctional unit” has the meaning stated in § 2–401 of this article. 21
(3) (i) “Restrictive housing” means a form of physical separation that 22 2 HOUSE BILL 67
has not been requested by the inmate in which the inmate is placed in a locked room or cell 1
for approximately 22 hours or more out of a 24–hour period. 2
(ii) “Restrictive housing” includes administrative segregation and 3
disciplinary segregation. 4
9–614.2. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN 8
INTEGRATED TEAM THAT MEETS TO DEVELOP AND PROVIDE NECESSARY HE ALTH 9
AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREAT MENT THAT 10
ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A 11
STEP–DOWN PROGRAM . 12
(3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH 13
ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE 14
GENERAL POPULATION O R THE COMMUNITY . 15
(B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE 16
HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF AN INMATE 17
FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL 18
PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM . 19
(C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE 20
NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY 21
TREATMENT TEAM APPRO ACH. 22
(2) A MULTIDISCIPLINARY TR EATMENT TEAM MAY INC LUDE 23
PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORK ERS, 24
LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY 25
THERAPISTS, AND CORRECTIONAL STA FF. 26
(3) IF AN INMATE NEEDS CH RONIC CARE OR OTHER SIGNIFICANT 27
MEDICAL ACCOMMODATIO N TO PARTI CIPATE IN THE PROGRA M, THE 28
MULTIDISCIPLINARY TR EATMENT TEAM SHALL I NCLUDE APPROPRIATE M EDICAL 29
PERSONNEL . 30
(D) A STEP–DOWN PROGRAM SHALL I NCLUDE: 31
(1) A PRE–SCREENING EVALUATION ; 32
HOUSE BILL 67 3
(2) MONTHLY EVALUATIONS USING A MULTIDISCIPL INARY 1
TREATMENT TEAM APPROACH TO DETERMINE THE I NMATE’S COMPLIANCE WITH 2
PROGRAM REQUIREMENTS ; 3
(3) SUBJECT TO MONTHLY E VALUATIONS: 4
(I) GRADUALLY INCREASED OUT–OF–CELL TIME; 5
(II) GRADUALLY INCREASED GROUP INTERACTION ; 6
(III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING 7
OPPORTUNITIES ; AND 8
(IV) GRADUALLY INCREASED PRIVILEGES; 9
(4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND 10
(5) A POSTSCREENING EVAL UATION. 11
(E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE 12
COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS TH E 13
WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DETER MINATION 14
CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT 15
THE INMATE POSES : 16
(1) A GRAVE RISK OF HARM TO OTHERS OR THE SEC URITY OF THE 17
FACILITY AND ALL OTHER LESS RESTRICTIVE OPTIONS HAVE BEEN EXHAUSTED ; OR 18
(2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE 19
REASONABLY PREVENTED BY OTHER MEANS . 20
(F) THE COMMISSIONER OF CORRECTION SHALL DOCU MENT IN WRITING 21
THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM 22
RESTRICTIVE HOUSING TO THE GENERAL POPUL ATION OR RELEASED DI RECTLY 23
FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A 24
STEP–DOWN PROGRAM . 25
(G) A FORMER INMATE WHO HA S SUFFERED A SPECIFI C AND DIRECT INJURY 26
FROM A DE NIAL OF THE RIGHT TO ACCESS A STEP–DOWN PROGRAM UNDER T HIS 27
SECTION MAY BRING A CIVIL ACTION IN A CO URT OF COMPETENT JUR ISDICTION FOR 28
DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 30
October 1, 2022. 31