EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0067*
HOUSE BILL 67
E5 2lr0786
HB 131/21 – JUD (PRE–FILED) CF SB 977
By: Delegate J. Lewis
Requested: October 18, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2022
CHAPTER ______
AN ACT concerning 1
Correctional Services – Step–Down Programs – Cause of Action Restrictive 2
Housing – Direct Release 3
FOR the purpose of providing for a certain step–down program that the Commissioner of 4
Correction is required to provide to a certain inmate in a certain manner; authorizing 5
a certain civil action for damages; and generally relating to programs for inmates 6
prohibiting the Commissioner of Correction from prohibiting an inmate placed in 7
restrictive housing from having access to a reentry specialist or case manager within 8
a certain period before the direct release of the inmate from a correctional facility to 9
the community; and generally relating to restrictive housing of inmates. 10
BY repealing and reenacting, without amendments, 11
Article – Correctional Services 12
Section 9–614(a) 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Correctional Services 17
Section 9–614.2 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2021 Supplement) 20
2 HOUSE BILL 67
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
9–614. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Correctional unit” has the meaning stated in § 2–401 of this article. 6
(3) (i) “Restrictive housing” means a form of physical separation that 7
has not been requested by the inmate in which the inmate is placed in a locked room or cell 8
for approximately 22 hours or more out of a 24–hour period. 9
(ii) “Restrictive housing” includes administrative segregation and 10
disciplinary segregation. 11
9–614.2. 12
(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 13
IN § 9–614 OF THIS SUBTITLE. 14
(B) TO THE EXTENT POSSIBL E, THE COMMISSIONER OF CORRECTION MAY 15
NOT PROHIBIT AN INMA TE PLACED IN RESTRIC TIVE HOUSING FROM HA VING ACCESS 16
TO A REENTRY SPECIALIST O R CASE MANAGER WITHI N 180 DAYS BEFORE THE 17
DIRECT RELEASE OF TH E INMATE FROM A CORR ECTIONAL FACILITY TO THE 18
COMMUNITY . 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN 22
INTEGRATED TEAM THAT MEETS TO DEVELOP AND PROVIDE NECESSARY HE ALTH 23
AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREAT MENT THAT 24
ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A 25
STEP–DOWN PROGRAM . 26
(3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH 27
ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE 28
GENERAL POPULATION O R THE COMMUNITY . 29
(B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE 30
HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF A N INMATE 31 HOUSE BILL 67 3
FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL 1
PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM . 2
(C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE 3
NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY 4
TREATME NT TEAM APPROACH . 5
(2) A MULTIDISCIPLINARY TR EATMENT TEAM MAY INC LUDE 6
PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORK ERS, 7
LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY 8
THERAPISTS, AND CORRECTIONAL STA FF. 9
(3) IF AN INMAT E NEEDS CHRONIC CARE OR OTHER SIGNIFICANT 10
MEDICAL ACCOMMODATIO N TO PARTICIPATE IN THE PROGRAM , THE 11
MULTIDISCIPLINARY TR EATMENT TEAM SHALL I NCLUDE APPROPRIATE M EDICAL 12
PERSONNEL . 13
(D) A STEP–DOWN PROGRAM SHALL I NCLUDE: 14
(1) A PRE–SCREENING EVALUATION ; 15
(2) MONTHLY EVALUATIONS USING A MULTIDISCIPL INARY 16
TREATMENT TEAM APPRO ACH TO DETERMINE THE INMATE’S COMPLIANCE WITH 17
PROGRAM REQUIREMENTS ; 18
(3) SUBJECT TO MONTHLY E VALUATIONS: 19
(I) GRADUALLY INCREASED OUT–OF–CELL TIME; 20
(II) GRADUALLY INCREASED GROUP INTERACTION; 21
(III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING 22
OPPORTUNITIES ; AND 23
(IV) GRADUALLY INCREASED PRIVILEGES; 24
(4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND 25
(5) A POSTSCREENING EVAL UATION. 26
(E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE 27
COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS THE 28
WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DETER MINATION 29 4 HOUSE BILL 67
CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT 1
THE INMATE POSES : 2
(1) A GRAVE RISK OF HARM TO OTHERS OR THE SEC URITY OF THE 3
FACILITY AND ALL OTH ER LESS RESTRICTIVE OPTIONS HAVE BEEN EX HAUSTED; OR 4
(2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE 5
REASONABLY PREVENTED BY OTHER MEANS . 6
(F) THE COMMISSIONER OF CORRECTION SHALL DOCUMEN T IN WRITING 7
THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM 8
RESTRICTIVE HOUSING TO THE GENERAL POPUL ATION OR RELEASED DI RECTLY 9
FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A 10
STEP–DOWN PROGRAM . 11
(G) A FORMER INMATE WHO HA S SUFFERED A SPECIFI C AND DIRECT INJURY 12
FROM A DENIAL OF THE RIGHT TO ACCESS A ST EP–DOWN PROGRAM UNDER T HIS 13
SECTION MAY BRING A CIVIL ACTION IN A CO URT OF COMPETENT JUR ISDICTION FOR 14
DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.