EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0426*
HOUSE BILL 426
E5 3lr1851
HB 453/22 – JUD CF 3lr1012
By: Delegates Lopez, Bagnall, Charkoudian, Crutchfield, Cullison, Fair, Foley,
Grossman, Harris, Kaiser, Lehman, R. Lewis, McCaskill, Mireku–North,
Moon, Palakovich Carr, Qi, Reznik, Ruth, Simpson, Solomon, Stewart,
Taveras, and Vogel
Introduced and read first time: January 30, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Facilities – Transgender, Nonbinary, and Intersex Inmates 2
(Transgender Respect, Agency, and Dignity Act) 3
FOR the purpose of requiring the Commissioner of Correction to report certain information 4
regarding the gender identities of inmates and the housing status of transgender, 5
nonbinary, or intersex inmates; prohibiting an employee of a correctional facility 6
from discriminating against inmates on the basis of certain protected classes; 7
requiring the managing official of a correctional facility to develop a written 8
nondiscrimination policy regarding inmates; establishing certain requirements for 9
correctional facilities relating to the gender identity of inmates and inmates who are 10
transgender, nonbinary, or intersex; and generally relating to correctional facilities 11
and transgender, nonbinary, and intersex inmates. 12
BY repealing and reenacting, without amendments, 13
Article – Correctional Services 14
Section 1–101(a) and 9–614(a)(1) and (3) 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – Correctional Services 19
Section 1–101(h–1) and 9–618 through 9–620 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2022 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Correctional Services 24
Section 3–207 25 2 HOUSE BILL 426
Annotated Code of Maryland 1
(2017 Replacement Volume and 2022 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – State Government 4
Section 20–101(a) and (e) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2022 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Correctional Services 10
1–101. 11
(a) In this article the following words have the meanings indicated. 12
(H–1) “GENDER IDENTITY” HAS THE MEANING STAT ED IN § 20–101 OF THE 13
STATE GOVERNMENT ARTICLE. 14
3–207. 15
(a) On or before October 31 of each year, the Commissioner shall submit an 16
annual report to the Secretary and the Governor that states, for each correctional facility 17
in the Division: 18
(1) its expenses, receipts, disbursements, condition, and progress; 19
(2) the number of inmates and each inmate’s age, sex, GENDER IDENTITY , 20
race, place of birth and conviction, crime, and term of confinement; 21
(3) the number of inmates who escape, are pardoned, or discharged; 22
(4) the job classifications for inmate labor in each department and facility 23
under the authority of the Division; 24
(5) the daily wage scale at each prison for each job classification under the 25
authority of the Division; 26
(6) the total number of inmates currently employed at facilities under the 27
authority of the Division, disaggregated by facility; 28
(7) the annual cost of living for inmates, including the average cost of: 29
(i) telephone calls, including calls to medical providers; 30
HOUSE BILL 426 3
(ii) video calls; and 1
(iii) items available for purchase at a commissary, including: 2
1. feminine hygiene products; 3
2. toiletries; and 4
3. medications; [and] 5
(8) THE HOUSING STATUS O F TRANSGENDE R, NONBINARY, AND 6
INTERSEX INMATES , INCLUDING WHETHER SU CH INMATES ARE HOUSE D IN 7
RESTRICTIVE HOUSING , HAVE SINGLE –CELL STATUS , OR ARE HOUSED WITH 8
ANOTHER INMATE , AND THE GENDER IDENT ITY OF ANY INMATES S HARING A CELL 9
WITH A TRANSGENDER , NONBINARY, OR INTERSEX INMATE; 10
(9) THE NUMBER OF REQUES TS FOR HOUSING TRANS FERS UNDER § 11
9–620 OF THIS ARTICLE, THE OUTCOME OF EACH REQUEST, AND THE REASON FOR 12
ANY DENIALS; AND 13
[(8)] (10) any remarks and suggestions the Commissioner considers 14
necessary to advance the interests of the correctional facility. 15
(b) The Commissioner shall submit with the report required by subsection (a) of 16
this section a statement similar to the statement that is required to be submitted under § 17
3–206 of this subtitle. 18
(c) The Commissioner shall verify the report and statement required by this 19
section. 20
(d) Subject to § 2–1257 of the State Government Article, the Governor shall 21
submit to the General Assembly the report and statement required under this section and 22
any recommendations that the Governor considers expedient. 23
9–614. 24
(a) (1) In this section the following words have the meanings indicated. 25
(3) (i) “Restrictive housing” means a form of physical separation that 26
has not been requested by the inmate in which the inmate is placed in a locked room or cell 27
for approximately 22 hours or more out of a 24–hour period. 28
(ii) “Restrictive housing” includes administrative segregation and 29
disciplinary segregation. 30
9–618. 31 4 HOUSE BILL 426
(A) AN EMPLOYEE OF A CORR ECTIONAL FACILITY MA Y NOT DISCRIMINATE 1
AGAINST AN INMATE WI TH REGARD TO PROGRAM S, SERVICES, OR ACTIVITIES, 2
INCLUDING HARASSING OR RETALIATING AGAIN ST THE INMATE , ON THE BASIS OF 3
THE INMATE’S RACE, ETHNICITY, RELIGION, NATIONAL ORIGIN , AGE, SEX, GENDER 4
IDENTITY, SEXUAL ORIENTATION , DISABILITY, PREGNANCY STATUS , OR POLITICAL 5
BELIEFS. 6
(B) THE MANAGING OFFICIAL OF A CORRECTIONAL FA CILITY SHALL 7
IMPLEMENT A WRITTEN POLICY STATING THAT AN INMATE MAY NOT BE 8
DISCRIMINATED AGAINS T WITH REGARD TO PRO GRAMS, SERVICES, OR ACTIVITIES, 9
INCLUDING BEING HARASSED OR RETALIAT ED AGAINST, ON THE BASIS OF THE 10
INMATE’S RACE, ETHNICITY, RELIGION, NATIONAL ORIGIN , AGE, SEX, GENDER 11
IDENTITY, SEXUAL ORIENTATION , DISABILITY, PREGNANCY STATUS , OR POLITICAL 12
BELIEFS. 13
9–619. 14
(A) DURING THE INITIAL IN TAKE AND CLASSIFI CATION PROCESS , AN 15
OFFICER SHALL , IN A PRIVATE SETTING , ASK EACH INMATE TO S PECIFY THE 16
FOLLOWING INFORMATIO N: 17
(1) THE INMATE’S GENDER IDENTITY , INCLUDING MAN , WOMAN, OR 18
NONBINARY; 19
(2) WHETHER THE INMATE I DENTIFIES AS TRANSGE NDER, 20
NONBINARY, OR INTERSEX; AND 21
(3) THE INMATE’S GENDER PRONOUNS AN D HONORIFICS. 22
(B) AN INMATE MAY NOT BE DISCIPLINED FOR REFU SING TO DISCLOSE 23
INFORMATION IN RESPO NSE TO THE QUESTIONS REQUIRED UNDER SUBSE CTION (A) 24
OF THIS SECTION. 25
(C) (1) THE DEPARTMENT SHALL INFO RM AN INMATE, VERBALLY AND IN 26
WRITING, THAT THE INMATE WILL NOT BE DISCIPLINED F OR REFUSING TO DISCL OSE 27
INFORMATION IN RESPO NSE TO THE QUESTIONS REQUIRED UNDER SUBSE CTION (A) 28
OF THIS SECTION. 29
(2) THE DEPARTMENT SHALL INFO RM AN INMATE, VERBALLY AND IN 30
WRITING, OF THE INMATE’S RIGHTS UNDER SUBSE CTION (A) OF THIS SECTION. 31
(D) AT ANY TIME , ON THE REQUEST OF AN INMATE, CORRECTIONAL 32 HOUSE BILL 426 5
FACILITY STAFF SHALL PROMPTLY PROVIDE THE INMATE AN OPPORTUNIT Y TO 1
UPDATE THE INFORMATI ON PROVIDED U NDER SUBSECTION (A) OF THIS SECTION. 2
(E) STAFF, CONTRACTORS , AND VOLUNTEERS AT A CORRECTIONAL 3
FACILITY SHALL USE T HE GENDER PRONOUNS A ND HONORIFICS AN INM ATE HAS 4
SPECIFIED IN ALL VER BAL AND WRITTEN COMM UNICATIONS WITH OR R EGARDING 5
THE INMATE. 6
9–620. 7
(A) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT 8
PROVIDE GENDER –APPROPRIATE HOUSING PLACEMENT AND SEARCH 9
PROCEDURES , INCLUDING FOR TRANSG ENDER, NONBINARY, INTERSEX, 10
TWO–SPIRIT, AND OTHER GENDER DIV ERSE INDIVIDUALS . 11
(B) STAFF, CONTRACTORS , AND VOLUNTEERS AT A CORRECTIONAL 12
FACILITY SHALL ADDRE SS AN INMATE IN A MA NNER CONSISTENT WITH THE 13
INMATE’S GENDER IDENTITY . 14
(C) A TRANSGENDER , NONBINARY, OR INTERSEX INMATE S HALL BE GIVEN 15
THE OPPORTUNITY TO S HOWER SEPARATELY FRO M OTHER INMATES . 16
(D) SUBJECT TO SUBSECTION (H) OF THIS SECTION , AN INMATE SHALL BE 17
HOUSED AT A CORRECTI ONAL FACILITY DESIGN ATED FOR MEN OR WOME N BASED 18
ON WHETHER THE INMAT E PREFERS TO BE HOUS ED ACCORDING TO THE 19
PLACEMENT THAT MOST CLOSELY ALIGNS WITH THE INMATE’S GENDER IDENTIT Y 20
OR ACCORDING TO THE INMATE’S SEX ASSIGNED AT BI RTH, INCLUDING 21
RESIDENTIAL TREATMEN T FACILITIES MANAGED BY THE DEPARTMENT IF THE 22
INMATE IS ELIGIBLE . 23
(E) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , A HOUSING 24
DECISION WITHIN A FA CILITY, INCLUDING GRANT ING SINGLE–CELL STATUS , 25
HOUSING AN INMATE WI TH ANOTHER INMATE OF THE INMATE’S GENDER IDENTITY , 26
OR REMOVING ANOTHER INMATE WHO POSES A T HREAT TO THE INMATE , SHALL BE 27
BASED ON THE INMATE ’S PREFERENCE AND PER CEPTION OF HEALTH AN D SAFETY. 28
(2) AN INMATE MAY NOT BE PLACED IN RES TRICTIVE HOUSING , AS 29
DEFINED IN § 9–614 OF THIS SUBTITLE , IN RESPONSE TO A REQ UEST MADE UNDER 30
PARAGRAPH (1) OF THIS SUBSECTION . 31
(F) AN INMATE’S ASSIGNMENT , PLACEMENT , OR PROGRAMMING SHALL BE 32
REASSESSED ANY TIME THE INMATE RAISES CO NCERNS FOR THE INMATE ’S HEALTH 33
OR SAFETY. 34 6 HOUSE BILL 426
(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION, IF AN INMATE IS 1
LAWFULLY SEARCHED , THE INMATE SHALL BE SEARCHED ACCORDING T O THE 2
INMATE’S PREFERENCE OF WHET HER TO BE SEARCHED B Y AN OFFICER OF THE 3
GENDER THAT MOS T CLOSELY ALIGNS TO THE INMATE’S GENDER IDENTITY OR TO 4
BE SEARCHED BY AN OF FICER OF THE INMATE ’S ASSIGNED SEX AT BI RTH. 5
(2) IF THE INMATE ’S SEARCH PREFERENCE OR GENDER IDENTITY 6
CANNOT BE DETERMINED , THE INMATE SHALL BE SEARCHED ACCORDING T O THE 7
GENDER DESIGNATION OF THE F ACILITY IN WHICH THE INMATE IS HOUSED . 8
(H) (1) THE DEPARTMENT MAY DENY A N INMATE’S SEARCH OR HOUSING 9
PLACEMENT REQUEST DU E TO CLEAR AND CONVI NCING EVIDENCE OF SP ECIFIC AND 10
ARTICULABLE MANAGEME NT OR SECURITY CONCE RNS, INCLUDING A PRESE NT RISK 11
THAT THE INMATE WILL COMMIT ABUSE BASED O N THE INMATE ’S PREVIOUS 12
BEHAVIOR. 13
(2) IF THE DEPARTMENT DENIES AN INMATE’S SEARCH OR HOUSING 14
PLACEMENT REQUEST , THE SECRETARY, OR THE SECRETARY’S DESIGNEE, SHALL 15
CERTIFY IN WRITING A SPECIFIC AND ARTICUL ABLE BASIS FOR THE DEPARTMENT ’S 16
INABILITY TO ACCOMMO DATE THE INMATE ’S PREFERENCE . 17
(3) THE DEPARTMENT MAY NOT DE NY AN INMATE ’S SEARCH OR 18
HOUSING PLACEMENT PR EFERENCE BASED ON A DISCRIMINATORY REASO N, 19
INCLUDING THE INMATE ’S ANATOMY , PAST OR CURRENT PHYS ICAL 20
CHARACTERISTICS , HISTORY OR LACK OF G ENDER–AFFIRMING MEDICAL 21
TREATMENT , OR SEXUAL ORIENTATIO N. 22
(4) (I) AN INMATE DENIED A SE ARCH OR HOUSING PLAC EMENT 23
PREFERENCE REQUEST S HALL RECEIVE A COPY OF THE WRITTEN BASIS FOR THE 24
DENIAL AND SHALL BE GIVEN A REASONABLE TIME FRAME AF TER THE RECEIPT OF 25
THE DENIAL TO VERBAL LY RAISE OR SUBMIT A COMPLAINT WITH ANY O BJECTIONS 26
TO THE DENIAL. 27
(II) ANY VERBAL OBJECTIONS RAISED BY THE INMATE TO THE 28
DENIAL SHALL BE DOCU MENTED. 29
(III) THE DEPARTMENT SHALL REAS SESS ANY DENIED SEARCH 30
OR HOUSING PLACEMENT REQUESTS AT LEAST TW ICE A YEAR. 31
Article – State Government 32
20–101. 33
HOUSE BILL 426 7
(a) In Subtitles 1 through 11 of this title the following words have the meanings 1
indicated. 2
(e) “Gender identity” means the gender–related identity, appearance, expression, 3
or behavior of a person, regardless of the person’s assigned sex at birth, which may be 4
demonstrated by: 5
(1) consistent and uniform assertion of the person’s gender identity; or 6
(2) any other evidence that the gender identity is sincerely held as part of 7
the person’s core identity. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2023. 10