EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0776*
SENATE BILL 776
E5 2lr1196
CF HB 454
By: Senators Carter, Lam, Elfreth, Watson, Guzzone, Smith, and Augustine
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Pregnancy and Postpartum Support 2
(Prevention of Forced Infant Separation Act) 3
FOR the purpose of requiring the Division of Correction to allow a certain pregnant woman 4
and a certain woman who recently gave birth to transfer to the prerelease unit for 5
women for a certain time period; establishing the Healthy Start Bonding Program to 6
facilitate strong bonds between incarcerated women and their children; requiring 7
the Division to allow liberal visitation between certain individuals and certain 8
children under certain circumstances; and generally relating to pregnancy and 9
postpartum support for incarcerated women and their children. 10
BY adding to 11
Article – Correctional Services 12
Section 3–901 through 3–903 to be under the new subtitle “Subtitle 9. Pregnancy 13
and Postpartum Support” 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL A SSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Correctional Services 19
SUBTITLE 9. PREGNANCY AND POSTPARTUM SUPPORT. 20
3–901. 21
(A) THE DIVISION SHALL ALLOW A PREGNA NT WOMAN CLASSIFIED TO BE IN 22
PRERELEASE STATUS TO RELOCATE TO THE PRERELEASE UNIT FOR WOMEN 23
THROUGHOUT THE DURAT ION OF HER PREGNANCY . 24 2 SENATE BILL 776
(B) THE DIVISION SHALL ALLOW AN INMAT E WHO IS CLASSIFIED TO BE IN 1
PRERELEASE STATUS AN D RECENTLY GAVE BIRT H AND HER CHILD TO R ESIDE IN 2
THE PRERELEASE UNIT FOR WOMEN FOR UP TO 1 YEAR FOLLOWING THE BIRTH OF 3
THE CHILD. 4
3–902. 5
(A) THERE IS A HEALTHY START BONDING PROGRAM. 6
(B) THE PURPOSE OF THE PROGRAM IS TO FACILITATE STRONG BONDS 7
BETWEEN INCARCERATED WOMEN A ND THEIR CHILDREN . 8
(C) THE DIVISION SHALL DEVELO P THE PROGRAM IN CONSULTATION WITH 9
PROFESSIONALS WITH E XPERTISE RELATING TO MATERNAL–CHILD HEALTH AND 10
WELL–BEING. 11
(D) THE PROGRAM SHALL BE OFFE RED AT THE PRERELEAS E UNIT FOR 12
WOMEN AND THE MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN. 13
3–903. 14
(A) THE DIVISION SHALL ALLOW THE FATHER OR SEC ONDARY CARETAKER 15
OF A CHILD RESIDING AT THE PRERELEASE UN IT FOR WOMEN LIBERAL VISITATION 16
WITH THE CHILD IF THE VISITATION IS OTHERWISE LEGALLY ALLOWED. 17
(B) THE DIVISION SHALL ALLOW AN INMATE AT THE MARYLAND 18
CORRECTIONAL INSTITUTION FOR WOMEN LIBERAL VISITAT ION WITH HER CHILD. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21