MD
Maryland House Bill HB67

Maryland 2022 Regular Session

Maryland House Bill HB67 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 543
21
3-– 1 –
4-Chapter 543
5-(House Bill 67)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0067*
89
9-Correctional Services – Step–Down Programs – Cause of Action Restrictive
10-Housing – Direct Release
10+HOUSE BILL 67
11+E5 2lr0786
12+HB 131/21 – JUD (PRE–FILED) CF SB 977
13+By: Delegate J. Lewis
14+Requested: October 18, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Judiciary
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 9, 2022
1120
12-FOR the purpose of providing for a certain step–down program that the Commissioner of
13-Correction is required to provide to a certain inmate in a certain manner; authorizing
14-a certain civil action for damages; and generally relating to programs for inmates
15-prohibiting the Commissioner of Correction from prohibiting an inmate placed in
16-restrictive housing from having access to a reentry specialist or case manager within
17-a certain period before the direct release of the inmate from a correctional facility to
18-the community; and generally relating to restrictive housing of inmates.
21+CHAPTER ______
1922
20-BY repealing and reenacting, without amendments,
21- Article – Correctional Services
22-Section 9–614(a)
23- Annotated Code of Maryland
24- (2017 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2524
26-BY adding to
27- Article – Correctional Services
28-Section 9–614.2
29- Annotated Code of Maryland
30- (2017 Replacement Volume and 2021 Supplement)
25+Correctional Services – Step–Down Programs – Cause of Action Restrictive 2
26+Housing – Direct Release 3
3127
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
28+FOR the purpose of providing for a certain step–down program that the Commissioner of 4
29+Correction is required to provide to a certain inmate in a certain manner; authorizing 5
30+a certain civil action for damages; and generally relating to programs for inmates 6
31+prohibiting the Commissioner of Correction from prohibiting an inmate placed in 7
32+restrictive housing from having access to a reentry specialist or case manager within 8
33+a certain period before the direct release of the inmate from a correctional facility to 9
34+the community; and generally relating to restrictive housing of inmates. 10
3435
35-Article – Correctional Services
36+BY repealing and reenacting, without amendments, 11
37+ Article – Correctional Services 12
38+Section 9–614(a) 13
39+ Annotated Code of Maryland 14
40+ (2017 Replacement Volume and 2021 Supplement) 15
3641
37-9–614.
42+BY adding to 16
43+ Article – Correctional Services 17
44+Section 9–614.2 18
45+ Annotated Code of Maryland 19
46+ (2017 Replacement Volume and 2021 Supplement) 20
47+ 2 HOUSE BILL 67
3848
39- (a) (1) In this section the following words have the meanings indicated.
4049
41- (2) “Correctional unit” has the meaning stated in § 2–401 of this article.
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4252
43- (3) (i) “Restrictive housing” means a form of physical separation that
44-has not been requested by the inmate in which the inmate is placed in a locked room or cell
45-for approximately 22 hours or more out of a 24–hour period.
53+Article – Correctional Services 3
4654
47- (ii) “Restrictive housing” includes administrative segregation and
48-disciplinary segregation.
49- Ch. 543 2022 LAWS OF MARYLAND
55+9–614. 4
5056
51-– 2 –
52-9–614.2.
57+ (a) (1) In this section the following words have the meanings indicated. 5
5358
54- (A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED
55-IN § 9–614 OF THIS SUBTITLE .
59+ (2) “Correctional unit” has the meaning stated in § 2–401 of this article. 6
5660
57- (B) TO THE EXTENT POSSIBL E, THE COMMISSIONER OF CORRECTION MAY
58-NOT PROHIBIT AN INMA TE PLACED IN RESTRIC TIVE HOUSING FROM HA VING ACCESS
59-TO A REENTRY SPECIAL IST OR CASE MANAGER WITHIN 180 DAYS BEFORE THE
60-DIRECT RELEASE OF TH E INMATE FROM A CORR ECTIONAL FACILITY TO THE
61-COMMUNITY .
61+ (3) (i) “Restrictive housing” means a form of physical separation that 7
62+has not been requested by the inmate in which the inmate is placed in a locked room or cell 8
63+for approximately 22 hours or more out of a 24–hour period. 9
6264
63- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
64-INDICATED.
65+ (ii) “Restrictive housing” includes administrative segregation and 10
66+disciplinary segregation. 11
6567
66- (2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN
67-INTEGRATED TEAM THAT MEETS TO DE VELOP AND PROVIDE NE CESSARY HEALTH
68-AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREAT MENT THAT
69-ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A
70-STEP–DOWN PROGRAM .
68+9–614.2. 12
7169
72- (3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH
73-ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE
74-GENERAL POPULATION O R THE COMMUNITY .
70+ (A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 13
71+IN § 9–614 OF THIS SUBTITLE. 14
7572
76- (B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE
77-HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF AN INMATE
78-FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL
79-PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM .
73+ (B) TO THE EXTENT POSSIBL E, THE COMMISSIONER OF CORRECTION MAY 15
74+NOT PROHIBIT AN INMA TE PLACED IN RESTRIC TIVE HOUSING FROM HA VING ACCESS 16
75+TO A REENTRY SPECIALIST O R CASE MANAGER WITHI N 180 DAYS BEFORE THE 17
76+DIRECT RELEASE OF TH E INMATE FROM A CORR ECTIONAL FACILITY TO THE 18
77+COMMUNITY . 19
8078
81- (C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE
82-NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY
83-TREATMENT TEAM APPRO ACH.
79+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
80+INDICATED. 21
8481
85- (2) A MULTIDISCIPLINARY TREATM ENT TEAM MAY INCLUDE
86-PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORK ERS,
87-LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY
88-THERAPISTS, AND CORRECTIONAL STA FF.
82+ (2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN 22
83+INTEGRATED TEAM THAT MEETS TO DEVELOP AND PROVIDE NECESSARY HE ALTH 23
84+AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREAT MENT THAT 24
85+ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A 25
86+STEP–DOWN PROGRAM . 26
8987
90- (3) IF AN INMATE NEEDS CH RONIC CARE OR OTHER SIGNIFICANT
91-MEDICAL ACCOMMODATIO N TO PARTICIPATE IN THE PROGRAM , THE
92-MULTIDISCIPLINARY TR EATMENT TEAM SHALL I NCLUDE APPROPRIATE M EDICAL
93-PERSONNEL .
94- LAWRENCE J. HOGAN, JR., Governor Ch. 543
88+ (3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH 27
89+ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE 28
90+GENERAL POPULATION O R THE COMMUNITY . 29
9591
96-– 3 –
97- (D) A STEP–DOWN PROGRAM SHALL I NCLUDE:
92+ (B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE 30
93+HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF A N INMATE 31 HOUSE BILL 67 3
9894
99- (1) A PRE–SCREENING EVALUATION ;
10095
101- (2) MONTHLY EVALUATIONS USING A MULTIDISCIPLINARY
102-TREATMENT TEAM APPRO ACH TO DETERMINE THE INMATE’S COMPLIANCE WITH
103-PROGRAM REQUIREMENTS ;
96+FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL 1
97+PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM . 2
10498
105- (3) SUBJECT TO MONTHLY E VALUATIONS:
99+ (C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE 3
100+NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY 4
101+TREATME NT TEAM APPROACH . 5
106102
107- (I) GRADUALLY INCREASED OUT–OF–CELL TIME;
103+ (2) A MULTIDISCIPLINARY TR EATMENT TEAM MAY INC LUDE 6
104+PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORK ERS, 7
105+LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY 8
106+THERAPISTS, AND CORRECTIONAL STA FF. 9
108107
109- (II) GRADUALLY INCREASED GROUP INTERACTION ;
108+ (3) IF AN INMAT E NEEDS CHRONIC CARE OR OTHER SIGNIFICANT 10
109+MEDICAL ACCOMMODATIO N TO PARTICIPATE IN THE PROGRAM , THE 11
110+MULTIDISCIPLINARY TR EATMENT TEAM SHALL I NCLUDE APPROPRIATE M EDICAL 12
111+PERSONNEL . 13
110112
111- (III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING
112-OPPORTUNITIES ; AND
113+ (D) A STEP–DOWN PROGRAM SHALL I NCLUDE: 14
113114
114- (IV) GRADUALLY INCREASED PRIVILEGES;
115+ (1) A PRE–SCREENING EVALUATION ; 15
115116
116- (4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND
117+ (2) MONTHLY EVALUATIONS USING A MULTIDISCIPL INARY 16
118+TREATMENT TEAM APPRO ACH TO DETERMINE THE INMATE’S COMPLIANCE WITH 17
119+PROGRAM REQUIREMENTS ; 18
117120
118- (5) A POSTSCREENING EVAL UATION.
121+ (3) SUBJECT TO MONTHLY E VALUATIONS: 19
119122
120- (E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE
121-COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS THE
122-WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DETER MINATION
123-CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT
124-THE INMATE POSES :
123+ (I) GRADUALLY INCREASED OUT–OF–CELL TIME; 20
125124
126- (1) A GRAVE RISK OF HARM TO OTHERS OR THE SECURI TY OF THE
127-FACILITY AND ALL OTH ER LESS RESTRICTIVE OPTIONS HAVE BEEN EX HAUSTED; OR
125+ (II) GRADUALLY INCREASED GROUP INTERACTION; 21
128126
129- (2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE
130-REASONABLY PREVENTED BY OTHER MEANS .
127+ (III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING 22
128+OPPORTUNITIES ; AND 23
131129
132- (F) THE COMMISSIONER OF CORRECTION SHALL DOCU MENT IN WRITING
133-THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM
134-RESTRICTIVE HOUSING TO THE GENERAL POPUL ATION OR RELEASED DI RECTLY
135-FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A
136-STEP–DOWN PROGRAM .
130+ (IV) GRADUALLY INCREASED PRIVILEGES; 24
137131
138- (G) A FORMER INMATE WHO HA S SUFFERED A SPECIFIC AND DIRECT INJURY
139-FROM A DENIAL OF THE RIGHT TO ACCESS A ST EP–DOWN PROGRAM UNDER T HIS Ch. 543 2022 LAWS OF MARYLAND
132+ (4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND 25
140133
141-– 4 –
142-SECTION MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JUR ISDICTION FOR
143-DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES.
134+ (5) A POSTSCREENING EVAL UATION. 26
144135
145- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
146-October 1, 2022.
136+ (E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE 27
137+COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS THE 28
138+WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DETER MINATION 29 4 HOUSE BILL 67
147139
148-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
140+
141+CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT 1
142+THE INMATE POSES : 2
143+
144+ (1) A GRAVE RISK OF HARM TO OTHERS OR THE SEC URITY OF THE 3
145+FACILITY AND ALL OTH ER LESS RESTRICTIVE OPTIONS HAVE BEEN EX HAUSTED; OR 4
146+
147+ (2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE 5
148+REASONABLY PREVENTED BY OTHER MEANS . 6
149+
150+ (F) THE COMMISSIONER OF CORRECTION SHALL DOCUMEN T IN WRITING 7
151+THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM 8
152+RESTRICTIVE HOUSING TO THE GENERAL POPUL ATION OR RELEASED DI RECTLY 9
153+FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A 10
154+STEP–DOWN PROGRAM . 11
155+
156+ (G) A FORMER INMATE WHO HA S SUFFERED A SPECIFI C AND DIRECT INJURY 12
157+FROM A DENIAL OF THE RIGHT TO ACCESS A ST EP–DOWN PROGRAM UNDER T HIS 13
158+SECTION MAY BRING A CIVIL ACTION IN A CO URT OF COMPETENT JUR ISDICTION FOR 14
159+DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES. 15
160+
161+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
162+October 1, 2022. 17
163+
164+
165+
166+
167+Approved:
168+________________________________________________________________________________
169+ Governor.
170+________________________________________________________________________________
171+ Speaker of the House of Delegates.
172+________________________________________________________________________________
173+ President of the Senate.