MD
Maryland Senate Bill SB977

Maryland 2022 Regular Session

Maryland Senate Bill SB977 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0977*
96
107 SENATE BILL 977
118 E5 2lr3092
129 CF HB 67
1310 By: Senator Lee
1411 Introduced and read first time: February 15, 2022
1512 Assigned to: Rules
16-Re–referred to: Judicial Proceedings, March 7, 2022
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: March 26, 2022
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
25-Correctional Services – Step–Down Programs – Cause of Action Restrictive 2
26-Housing – Direct Release 3
18+Correctional Services – Step–Down Programs – Cause of Action 2
2719
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
20+FOR the purpose of providing for a certain step–down program that the Commissioner of 3
21+Correction is required to provide to a certain inmate in a certain manner; authorizing 4
22+a certain civil action for damages; and generally relating to programs for inmates. 5
3523
36-BY repealing and reenacting, without amendments, 11
24+BY repealing and reenacting, without amendments, 6
25+ Article – Correctional Services 7
26+Section 9–614(a) 8
27+ Annotated Code of Maryland 9
28+ (2017 Replacement Volume and 2021 Supplement) 10
29+
30+BY adding to 11
3731 Article – Correctional Services 12
38-Section 9–614(a) 13
32+Section 9–614.2 13
3933 Annotated Code of Maryland 14
4034 (2017 Replacement Volume and 2021 Supplement) 15
4135
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 SENATE BILL 977
36+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
37+That the Laws of Maryland read as follows: 17
38+
39+Article – Correctional Services 18
40+
41+9–614. 19
42+
43+ (a) (1) In this section the following words have the meanings indicated. 20
44+
45+ (2) “Correctional unit” has the meaning stated in § 2–401 of this article. 21
46+
47+ (3) (i) “Restrictive housing” means a form of physical separation that 22
48+has not been requested by the inmate in which the inmate is placed in a locked room or cell 23 2 SENATE BILL 977
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
51+for approximately 22 hours or more out of a 24–hour period. 1
5252
53-Article – Correctional Services 3
53+ (ii) “Restrictive housing” includes administrative segregation and 2
54+disciplinary segregation. 3
5455
55-9–614. 4
56+9–614.2. 4
5657
57- (a) (1) In this section the following words have the meanings indicated. 5
58+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
59+INDICATED. 6
5860
59- (2) “Correctional unit” has the meaning stated in § 2–401 of this article. 6
61+ (2) “MULTIDISCIPLINARY TRE ATMENT TEAM ” MEANS AN 7
62+INTEGRATED TEAM THAT MEETS TO DEVELOP AND PROVIDE NECESSARY HE ALTH 8
63+AND BEHAVIORAL HEALT H CARE SERVICES AND INDIVIDUALIZED TREATMENT THAT 9
64+ADDRESSES THE NEEDS OF AN INMATE IN REST RICTIVE HOUSING OR I N A 10
65+STEP–DOWN PROGRAM . 11
6066
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
67+ (3) “STEP–DOWN PROGRAM ” MEANS A SYSTEM OF RE VIEW WITH 12
68+ESTABLISHED CRITERIA THAT PREPARES AN INM ATE FOR TRANSITION T O THE 13
69+GENERAL POPULATION O R THE COMMUN ITY. 14
6470
65- (ii) “Restrictive housing” includes administrative segregation and 10
66-disciplinary segregation. 11
71+ (B) BEFORE THE TRANSFER O F AN INMATE PLACED I N RESTRICTIVE 15
72+HOUSING TO THE GENER AL POPULATION OR THE DIRECT RELEASE OF AN INMATE 16
73+FROM A FACILITY TO T HE COMMUNITY , THE COMMISSIONER OF CORRECTION SHALL 17
74+PROVIDE TO THE INMAT E A STEP–DOWN PROGRAM . 18
6775
68-9–614.2. 12
76+ (C) (1) A STEP–DOWN PROGRAM SHALL B E INDIVIDUALIZED TO THE 19
77+NEEDS OF THE INMATE AND INVOLVE A COORDI NATED, MULTIDISCIPLINARY 20
78+TREATMENT TEAM APPRO ACH. 21
6979
70- (A) IN THIS SECTION, “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED 13
71-IN § 9–614 OF THIS SUBTITLE. 14
80+ (2) A MULTIDISCIPLINARY TR EATMENT TEAM MAY INC LUDE 22
81+PSYCHOLOGISTS , PSYCHIATRIC PRACTITI ONERS, LICENSED SOCIAL WORKERS, 23
82+LICENSED MENTAL HEAL TH COUNSELORS , REGISTERED NURSES , ACTIVITY 24
83+THERAPISTS, AND CORRECTIONAL STA FF. 25
7284
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
85+ (3) IF AN INMATE NEEDS CH RONIC CARE OR OTHER SIGNIFICANT 26
86+MEDICAL ACCOMMODATIO N TO PARTICIPATE IN THE PROGRAM , THE 27
87+MULTIDISCIPLINARY TR EATMENT TEA M SHALL INCLUDE APPR OPRIATE MEDICAL 28
88+PERSONNEL . 29
7889
79- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
80-INDICATED. 21
90+ (D) A STEP–DOWN PROGRAM SHALL I NCLUDE: 30
8191
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
92+ (1) A PRE–SCREENING EVALUATION ; 31
8793
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
91-
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 SENATE BILL 977 3
94+ (2) MONTHLY EVALUATIONS USING A MULTIDISCIPL INARY 32 SENATE BILL 977 3
9495
9596
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
97+TREATMENT TEAM APPRO ACH TO DETERMINE THE INMATE’S COMPLIANCE WITH 1
98+PROGRAM REQUIR EMENTS; 2
9899
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
100+ (3) SUBJECT TO MONTHLY E VALUATIONS: 3
102101
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
102+ (I) GRADUALLY INCREASED OUT–OF–CELL TIME; 4
107103
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
104+ (II) GRADUALLY INCREASED GROUP INTERACTION ; 5
112105
113- (D) A STEP–DOWN PROGRAM SHALL I NCLUDE: 14
106+ (III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING 6
107+OPPORTUNITIES ; AND 7
114108
115- (1) A PRE–SCREENING EVALUATION ; 15
109+ (IV) GRADUALLY INCREASED PRIVILEGES; 8
116110
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
111+ (4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND 9
120112
121- (3) SUBJECT TO MONTHLY E VALUATIONS: 19
113+ (5) A POSTSCREENING EVAL UATION. 10
122114
123- (I) GRADUALLY INCREASED OUT–OF–CELL TIME; 20
115+ (E) AN INMATE WITH LESS T HAN 180 DAYS UNTIL RELEASE T O THE 11
116+COMMUNITY MAY NOT BE DENIED ACCESS TO A S TEP–DOWN PROGRAM UNLESS THE 12
117+WARDEN OR THE WARDEN ’S DESIGNEE MAKES AN INDIVIDUALIZED DE TERMINATION 13
118+CERTIFIED IN WRITING AND BASED ON CLEAR A ND CONVINCING EVIDEN CE THAT 14
119+THE INMATE POSES : 15
124120
125- (II) GRADUALLY INCREASED GROUP INTERACTION; 21
121+ (1) A GRAVE RISK OF HARM TO OTHERS OR THE SEC URITY OF THE 16
122+FACILITY AND ALL OTH ER LESS RESTRICTIVE OPTIONS HAVE BEEN EX HAUSTED; OR 17
126123
127- (III) GRADUALLY INCREASED EDUCATION AND PROGRA MMING 22
128-OPPORTUNITIES ; AND 23
124+ (2) AN IMMEDIATE AND CRE DIBLE FLIGHT RISK TH AT CANNOT BE 18
125+REASONABLY PREVENTED BY OTHER MEANS . 19
129126
130- (IV) GRADUALLY INCREASED PRIVILEGES; 24
127+ (F) THE COMMISSIONER OF CORRECTION SHALL DOCU MENT IN WRITING 20
128+THE JUSTIFICATION FO R AN INMATE BEING TR ANSFERRED DIRECTLY F ROM 21
129+RESTRICTIVE HOUSING TO THE GENERAL POPULATION OR RELEAS ED DIRECTLY 22
130+FROM INCARCERATION T O THE COMMUNITY WITH OUT HAVING PARTICIPA TED IN A 23
131+STEP–DOWN PROGRAM . 24
131132
132- (4) A STEP–DOWN TRANSITION COMP LIANCE REVIEW ; AND 25
133+ (G) A FORMER INMATE WHO HA S SUFFERED A SPECIFI C AND DIRECT INJURY 25
134+FROM A DENIAL OF THE RIGHT TO ACCESS A ST EP–DOWN PROGRAM UNDER T HIS 26
135+SECTION MAY BRING A CIVIL ACTION IN A CO URT OF COMPETENT JUR ISDICTION FOR 27
136+DAMAGES, INCLUDING COSTS AND REASONABLE ATTORNEY ’S FEES. 28
133137
134- (5) A POSTSCREENING EVAL UATION. 26
138+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
139+October 1, 2022. 30
135140
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 SENATE BILL 977
139-
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-
168-Approved:
169-________________________________________________________________________________
170- Governor.
171-________________________________________________________________________________
172- President of the Senate.
173-________________________________________________________________________________
174- Speaker of the House of Delegates.