EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0964*
SENATE BILL 964
E5 2lr2931
SB 194/21 – FIN & B&T CF HB 1245
By: Senator Benson
Introduced and read first time: February 15, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Inmates – Labor, Job Training, and Educational Courses 2
FOR the purpose of requiring the compensation rate for inmate labor in Maryland 3
Correctional Enterprises to be not less than the State minimum wage; repealing a 4
requirement that the Department of Public Safety and Correctional Services 5
reimburse a certain county or the State for certain costs from an inmate’s earnings 6
under certain circumstances; prohibiting the Department of Public Safety and 7
Correctional Services from deducting certain costs from an inmate’s earnings; 8
requiring the Division of Correction to offer job training and educational courses to 9
certain inmates; requiring the Maryland Department of Labor to evaluate the job 10
training and educational courses offered by the Division on an ongoing basis; and 11
generally relating to inmates. 12
BY repealing and reenacting, with amendments, 13
Article – Correctional Services 14
Section 3–514 and 9–615 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Correctional Services 19
Section 9–618 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Correctional Services 25
3–514. 26 2 SENATE BILL 964
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
Commissioner and Chief Executive Officer shall establish the compensation rate for inmate 2
labor in Maryland Correctional Enterprises, taking into consideration other wage 3
payments and incentives in other programs. 4
(2) THE COMPENSATION RATE FOR INMATE LABOR IN MARYLAND 5
CORRECTIONAL ENTERPRISES MAY NOT B E LESS THAN THE STATE MINIMUM WAGE 6
UNDER § 3–413(C) OF THE LABOR AND EMPLOYMENT ARTICLE. 7
(b) After review by the Management Council, and after consideration of any 8
recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations 9
in accordance with Title 10, Subtitle 1 of the State Government Article that govern the 10
method and time of compensation payments. 11
9–615. 12
(a) This section applies to an inmate in a State or local correctional facility. 13
(b) The Department shall collect an inmate’s earnings. 14
(c) (1) From an inmate’s earnings, the Department shall: 15
[(1) if required by law, reimburse the county or State for the cost of 16
providing food, lodging, and clothing to the inmate; 17
(2)] (I) pay court ordered payments for support of dependents; 18
[(3)] (II) pay court ordered payments for restitution; and 19
[(4)] (III) pay compensation for victims of crime in accordance with 20
subsection (d) of this section. 21
(2) THE DEPARTMENT MAY NOT DE DUCT THE COST OF FOO D, 22
LODGING, OR CLOTHING FROM AN INMATE’S EARNINGS. 23
(d) (1) Of the earnings of an inmate in the Private Sector/Prison Industry 24
Enhancement Certification Program of the United States Department of Justice, Bureau 25
of Justice Assistance, the Department shall withhold 20% for compensation for victims of 26
crime, in accordance with the requirements of the Program. 27
(2) (i) This paragraph applies to an inmate who is subject to an 28
unsatisfied judgment of restitution. 29
(ii) If an inmate has earnings that are not covered under the 30
provisions of paragraph (1) of this subsection, the Department shall withhold 25% for 31 SENATE BILL 964 3
compensation for victims of crime until the judgment is satisfied. 1
(3) (i) If a court in a criminal or juvenile delinquency proceeding has 2
ordered the inmate to pay restitution, the Department shall forward the money withheld 3
under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund 4
established under § 11–819 of the Criminal Procedure Article. 5
(ii) The Criminal Injuries Compensation Board shall distribute from 6
the Criminal Injuries Compensation Fund any amount received under this paragraph to 7
the person or governmental unit specified in the judgment of restitution to pay the 8
restitution as required under § 11–607(b)(2) of the Criminal Procedure Article. 9
(4) If the inmate is not subject to a judgment of restitution or the judgment 10
of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the 11
Department shall pay: 12
(i) 50% into the Criminal Injuries Compensation Fund established 13
under § 11–819 of the Criminal Procedure Article; and 14
(ii) 50% into the State Victims of Crime Fund established under § 15
11–916 of the Criminal Procedure Article. 16
(e) The Department shall: 17
(1) credit to the inmate’s account any balance that remains after paying 18
the items in subsection (c)(1) [through (4)] of this section; and 19
(2) pay the balance in the inmate’s account to the inmate within 15 days 20
after the inmate is released. 21
9–618. 22
(A) (1) THE DIVISION OF CORRECTION SHALL OFFE R JOB TRAINING TO 23
ALL INMATES WHO WISH TO PARTICIPATE . 24
(2) THE MARYLAND DEPARTMENT OF LABOR SHALL PARTNER W ITH 25
LABOR UNIONS , TRADE ASSOCIATIONS , AND EDUCATIONAL INST ITUTIONS TO 26
DEVELOP THE JOB TRAI NING PROGRAMS TO BE OFFERED. 27
(3) THE JOB TRAINING OFFE RED SHALL FOCUS ON M ARKETABLE 28
SKILLS. 29
(B) (1) THE DIVISION SHALL OFFER EDUCATIONAL COURSES TO ALL 30
INMATES WHO WISH TO PARTICIPATE. 31
(2) EDUCATIONAL OFFERINGS SHALL INCLUDE : 32 4 SENATE BILL 964
(I) COURSES ABOVE GED LEVEL; 1
(II) FINANCIAL LITERACY ; 2
(III) INVESTING; AND 3
(IV) CIVICS. 4
(C) ON OR BEFORE MARCH 1 ANNUALLY, THE DEPARTMENT SHALL REPO RT 5
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 6
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE JOB T RAINING AND 7
EDUCATIONAL COURSES OFFERED BY THE DIVISION DURING THE P RECEDING 8
CALENDAR YEAR, INCLUDING: 9
(1) A LISTING AND DESCRI PTION OF EACH TRAINI NG MODULE AND 10
EDUCATIONAL COURSE O FFERED ALONG WITH TH E NUMBER OF STUDENTS 11
PARTICIPATING IN EAC H; AND 12
(2) THE NUMBER OF INMATE S WHO RECEIVED DIPLO MAS, 13
CERTIFICATES, OR OTHER PROGRAM COM PLETIONS, BY CATEGORY . 14
(D) (1) THE MARYLAND DEPARTMENT OF LABOR SHALL , ON AN 15
ONGOING BASIS , EVALUATE THE JOB TRA INING AND EDUCATIONA L COURSES 16
OFFERED BY THE DIVISION, AND, ON OR BEFORE DECEMBER 31 EVERY 3 YEARS 17
BEGINNING DECEMBER 31, 2023, REPORT TO THE GOVERNOR AND , IN ACCORDANCE 18
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 19
ON: 20
(I) THE EXTENT TO WHICH THE COURSES OFFERED MEET THE 21
TRAINING AND EDUCATI ONAL GOALS FOR WHICH THEY WERE ESTABLISHE D; 22
(II) THE DEGREE OF PARTIC IPATION IN EACH COURSE AN D 23
REASONS FOR LOW PART ICIPATION IN ANY COU RSE; 24
(III) ANY SECURITY CONCERN S THAT PRESENT BARRI ERS TO 25
THE IMPLEMENTATION O F A COURSE; AND 26
(IV) RECOMMENDATIONS FOR ANY NEW OR MODIFIED 27
PROGRAMMING . 28
(2) THE MARYLAND DEPARTMENT OF LABOR SHALL CONSIDER THE 29
FOOTPRINT, PHYSICAL STRUCTURE , AND STAFFING OF DIVISION FACILITIES I N 30 SENATE BILL 964 5
MAKING ANY RECOMMEND ATION FOR NEW OR MOD IFIED PROGRAMMING . 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3