Maryland 2022 Regular Session

Maryland Senate Bill SB964 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0964
6	6
7	7	SENATE BILL 964
8	8	E5 2lr2931
9	9	SB 194/21 – FIN & B&T CF HB 1245
10	10	By: Senator Benson
11	11	Introduced and read first time: February 15, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Correctional Services – Inmates – Labor, Job Training, and Educational Courses 2
19	19
20	20	FOR the purpose of requiring the compensation rate for inmate labor in Maryland 3
21	21	Correctional Enterprises to be not less than the State minimum wage; repealing a 4
22	22	requirement that the Department of Public Safety and Correctional Services 5
23	23	reimburse a certain county or the State for certain costs from an inmate’s earnings 6
24	24	under certain circumstances; prohibiting the Department of Public Safety and 7
25	25	Correctional Services from deducting certain costs from an inmate’s earnings; 8
26	26	requiring the Division of Correction to offer job training and educational courses to 9
27	27	certain inmates; requiring the Maryland Department of Labor to evaluate the job 10
28	28	training and educational courses offered by the Division on an ongoing basis; and 11
29	29	generally relating to inmates. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Correctional Services 14
33	33	Section 3–514 and 9–615 15
34	34	Annotated Code of Maryland 16
35	35	(2017 Replacement Volume and 2021 Supplement) 17
36	36
37	37	BY adding to 18
38	38	Article – Correctional Services 19
39	39	Section 9–618 20
40	40	Annotated Code of Maryland 21
41	41	(2017 Replacement Volume and 2021 Supplement) 22
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
44	44	That the Laws of Maryland read as follows: 24
45	45
46	46	Article – Correctional Services 25
47	47
48	48	3–514. 26 2 SENATE BILL 964
49	49
50	50
51	51
52	52	(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
53	53	Commissioner and Chief Executive Officer shall establish the compensation rate for inmate 2
54	54	labor in Maryland Correctional Enterprises, taking into consideration other wage 3
55	55	payments and incentives in other programs. 4
56	56
57	57	(2) THE COMPENSATION RATE FOR INMATE LABOR IN MARYLAND 5
58	58	CORRECTIONAL ENTERPRISES MAY NOT B E LESS THAN THE STATE MINIMUM WAGE 6
59	59	UNDER § 3–413(C) OF THE LABOR AND EMPLOYMENT ARTICLE. 7
60	60
61	61	(b) After review by the Management Council, and after consideration of any 8
62	62	recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations 9
63	63	in accordance with Title 10, Subtitle 1 of the State Government Article that govern the 10
64	64	method and time of compensation payments. 11
65	65
66	66	9–615. 12
67	67
68	68	(a) This section applies to an inmate in a State or local correctional facility. 13
69	69
70	70	(b) The Department shall collect an inmate’s earnings. 14
71	71
72	72	(c) (1) From an inmate’s earnings, the Department shall: 15
73	73
74	74	[(1) if required by law, reimburse the county or State for the cost of 16
75	75	providing food, lodging, and clothing to the inmate; 17
76	76
77	77	(2)] (I) pay court ordered payments for support of dependents; 18
78	78
79	79	[(3)] (II) pay court ordered payments for restitution; and 19
80	80
81	81	[(4)] (III) pay compensation for victims of crime in accordance with 20
82	82	subsection (d) of this section. 21
83	83
84	84	(2) THE DEPARTMENT MAY NOT DE DUCT THE COST OF FOO D, 22
85	85	LODGING, OR CLOTHING FROM AN INMATE’S EARNINGS. 23
86	86
87	87	(d) (1) Of the earnings of an inmate in the Private Sector/Prison Industry 24
88	88	Enhancement Certification Program of the United States Department of Justice, Bureau 25
89	89	of Justice Assistance, the Department shall withhold 20% for compensation for victims of 26
90	90	crime, in accordance with the requirements of the Program. 27
91	91
92	92	(2) (i) This paragraph applies to an inmate who is subject to an 28
93	93	unsatisfied judgment of restitution. 29
94	94
95	95	(ii) If an inmate has earnings that are not covered under the 30
96	96	provisions of paragraph (1) of this subsection, the Department shall withhold 25% for 31 SENATE BILL 964 3
97	97
98	98
99	99	compensation for victims of crime until the judgment is satisfied. 1
100	100
101	101	(3) (i) If a court in a criminal or juvenile delinquency proceeding has 2
102	102	ordered the inmate to pay restitution, the Department shall forward the money withheld 3
103	103	under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund 4
104	104	established under § 11–819 of the Criminal Procedure Article. 5
105	105
106	106	(ii) The Criminal Injuries Compensation Board shall distribute from 6
107	107	the Criminal Injuries Compensation Fund any amount received under this paragraph to 7
108	108	the person or governmental unit specified in the judgment of restitution to pay the 8
109	109	restitution as required under § 11–607(b)(2) of the Criminal Procedure Article. 9
110	110
111	111	(4) If the inmate is not subject to a judgment of restitution or the judgment 10
112	112	of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the 11
113	113	Department shall pay: 12
114	114
115	115	(i) 50% into the Criminal Injuries Compensation Fund established 13
116	116	under § 11–819 of the Criminal Procedure Article; and 14
117	117
118	118	(ii) 50% into the State Victims of Crime Fund established under § 15
119	119	11–916 of the Criminal Procedure Article. 16
120	120
121	121	(e) The Department shall: 17
122	122
123	123	(1) credit to the inmate’s account any balance that remains after paying 18
124	124	the items in subsection (c)(1) [through (4)] of this section; and 19
125	125
126	126	(2) pay the balance in the inmate’s account to the inmate within 15 days 20
127	127	after the inmate is released. 21
128	128
129	129	9–618. 22
130	130
131	131	(A) (1) THE DIVISION OF CORRECTION SHALL OFFE R JOB TRAINING TO 23
132	132	ALL INMATES WHO WISH TO PARTICIPATE . 24
133	133
134	134	(2) THE MARYLAND DEPARTMENT OF LABOR SHALL PARTNER W ITH 25
135	135	LABOR UNIONS , TRADE ASSOCIATIONS , AND EDUCATIONAL INST ITUTIONS TO 26
136	136	DEVELOP THE JOB TRAI NING PROGRAMS TO BE OFFERED. 27
137	137
138	138	(3) THE JOB TRAINING OFFE RED SHALL FOCUS ON M ARKETABLE 28
139	139	SKILLS. 29
140	140
141	141	(B) (1) THE DIVISION SHALL OFFER EDUCATIONAL COURSES TO ALL 30
142	142	INMATES WHO WISH TO PARTICIPATE. 31
143	143
144	144	(2) EDUCATIONAL OFFERINGS SHALL INCLUDE : 32 4 SENATE BILL 964
145	145
146	146
147	147
148	148	(I) COURSES ABOVE GED LEVEL; 1
149	149
150	150	(II) FINANCIAL LITERACY ; 2
151	151
152	152	(III) INVESTING; AND 3
153	153
154	154	(IV) CIVICS. 4
155	155
156	156	(C) ON OR BEFORE MARCH 1 ANNUALLY, THE DEPARTMENT SHALL REPO RT 5
157	157	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 6
158	158	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE JOB T RAINING AND 7
159	159	EDUCATIONAL COURSES OFFERED BY THE DIVISION DURING THE P RECEDING 8
160	160	CALENDAR YEAR, INCLUDING: 9
161	161
162	162	(1) A LISTING AND DESCRI PTION OF EACH TRAINI NG MODULE AND 10
163	163	EDUCATIONAL COURSE O FFERED ALONG WITH TH E NUMBER OF STUDENTS 11
164	164	PARTICIPATING IN EAC H; AND 12
165	165
166	166	(2) THE NUMBER OF INMATE S WHO RECEIVED DIPLO MAS, 13
167	167	CERTIFICATES, OR OTHER PROGRAM COM PLETIONS, BY CATEGORY . 14
168	168
169	169	(D) (1) THE MARYLAND DEPARTMENT OF LABOR SHALL , ON AN 15
170	170	ONGOING BASIS , EVALUATE THE JOB TRA INING AND EDUCATIONA L COURSES 16
171	171	OFFERED BY THE DIVISION, AND, ON OR BEFORE DECEMBER 31 EVERY 3 YEARS 17
172	172	BEGINNING DECEMBER 31, 2023, REPORT TO THE GOVERNOR AND , IN ACCORDANCE 18
173	173	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 19
174	174	ON: 20
175	175
176	176	(I) THE EXTENT TO WHICH THE COURSES OFFERED MEET THE 21
177	177	TRAINING AND EDUCATI ONAL GOALS FOR WHICH THEY WERE ESTABLISHE D; 22
178	178
179	179	(II) THE DEGREE OF PARTIC IPATION IN EACH COURSE AN D 23
180	180	REASONS FOR LOW PART ICIPATION IN ANY COU RSE; 24
181	181
182	182	(III) ANY SECURITY CONCERN S THAT PRESENT BARRI ERS TO 25
183	183	THE IMPLEMENTATION O F A COURSE; AND 26
184	184
185	185	(IV) RECOMMENDATIONS FOR ANY NEW OR MODIFIED 27
186	186	PROGRAMMING . 28
187	187
188	188	(2) THE MARYLAND DEPARTMENT OF LABOR SHALL CONSIDER THE 29
189	189	FOOTPRINT, PHYSICAL STRUCTURE , AND STAFFING OF DIVISION FACILITIES I N 30 SENATE BILL 964 5
190	190
191	191
192	192	MAKING ANY RECOMMEND ATION FOR NEW OR MOD IFIED PROGRAMMING . 1
193	193
194	194	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
195	195	October 1, 2022. 3
196	196
197	197