LAWRENCE J. HOGAN, JR., Governor Ch. 543
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Chapter 543
(House Bill 67)
AN ACT concerning
Correctional Services – Step–Down Programs – Cause of Action Restrictive
Housing – Direct Release
FOR the purpose of providing for a certain step–down program that the Commissioner of
Correction is required to provide to a certain inmate in a certain manner; authorizing
a certain civil action for damages; and generally relating to programs for inmates
prohibiting the Commissioner of Correction from prohibiting an inmate placed in
restrictive housing from having access to a reentry specialist or case manager within
a certain period before the direct release of the inmate from a correctional facility to
the community; and generally relating to restrictive housing of inmates.
BY repealing and reenacting, without amendments,
Article – Correctional Services
Section 9–614(a)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY adding to
Article – Correctional Services
Section 9–614.2
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
9–614.
(a) (1) In this section the following words have the meanings indicated.
(2) “Correctional unit” has the meaning stated in § 2–401 of this article.
(3) (i) “Restrictive housing” means a form of physical separation that
has not been requested by the inmate in which the inmate is placed in a locked room or cell
for approximately 22 hours or more out of a 24–hour period.
(ii) “Restrictive housing” includes administrative segregation and
disciplinary segregation.
Ch. 543 2022 LAWS OF MARYLAND
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9–614.2.
(A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED
IN § 9–614 OF THIS SUBTITLE .
(B) TO THE EXTENT POSSIBL E, THE COMMISSIONER OF CORRECTION MAY
NOT PROHIBIT AN INMA TE PLACED IN RESTRIC TIVE HOUSING FROM HA VING ACCESS
TO A REENTRY SPECIAL IST OR CASE MANAGER WITHIN 180 DAYS BEFORE THE
DIRECT RELEASE OF TH E INMATE FROM A CORR ECTIONAL FACILITY TO THE
COMMUNITY .
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN
INTEGRATED TEAM THAT MEETS TO DE VELOP AND PROVIDE NE CESSARY HEALTH
AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREAT MENT THAT
ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A
STEP–DOWN PROGRAM .
(3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH
ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE
GENERAL POPULATION O R THE COMMUNITY .
(B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE
HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF AN INMATE
FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL
PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM .
(C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE
NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY
TREATMENT TEAM APPRO ACH.
(2) A MULTIDISCIPLINARY TREATM ENT TEAM MAY INCLUDE
PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORK ERS,
LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY
THERAPISTS, AND CORRECTIONAL STA FF.
(3) IF AN INMATE NEEDS CH RONIC CARE OR OTHER SIGNIFICANT
MEDICAL ACCOMMODATIO N TO PARTICIPATE IN THE PROGRAM , THE
MULTIDISCIPLINARY TR EATMENT TEAM SHALL I NCLUDE APPROPRIATE M EDICAL
PERSONNEL .
LAWRENCE J. HOGAN, JR., Governor Ch. 543
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(D) A STEP–DOWN PROGRAM SHALL I NCLUDE:
(1) A PRE–SCREENING EVALUATION ;
(2) MONTHLY EVALUATIONS USING A MULTIDISCIPLINARY
TREATMENT TEAM APPRO ACH TO DETERMINE THE INMATE’S COMPLIANCE WITH
PROGRAM REQUIREMENTS ;
(3) SUBJECT TO MONTHLY E VALUATIONS:
(I) GRADUALLY INCREASED OUT–OF–CELL TIME;
(II) GRADUALLY INCREASED GROUP INTERACTION ;
(III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING
OPPORTUNITIES ; AND
(IV) GRADUALLY INCREASED PRIVILEGES;
(4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND
(5) A POSTSCREENING EVAL UATION.
(E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE
COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS THE
WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DETER MINATION
CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT
THE INMATE POSES :
(1) A GRAVE RISK OF HARM TO OTHERS OR THE SECURI TY OF THE
FACILITY AND ALL OTH ER LESS RESTRICTIVE OPTIONS HAVE BEEN EX HAUSTED; OR
(2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE
REASONABLY PREVENTED BY OTHER MEANS .
(F) THE COMMISSIONER OF CORRECTION SHALL DOCU MENT IN WRITING
THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM
RESTRICTIVE HOUSING TO THE GENERAL POPUL ATION OR RELEASED DI RECTLY
FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A
STEP–DOWN PROGRAM .
(G) A FORMER INMATE WHO HA S SUFFERED A SPECIFIC AND DIRECT INJURY
FROM A DENIAL OF THE RIGHT TO ACCESS A ST EP–DOWN PROGRAM UNDER T HIS Ch. 543 2022 LAWS OF MARYLAND
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SECTION MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JUR ISDICTION FOR
DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.