Maryland 2023 Regular Session

Maryland Senate Bill SB45

Introduced
1/11/23  

Caption

Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

Impact

This bill directly impacts state laws regarding the treatment and rights of incarcerated individuals. It introduces mandatory training for staff that ensures they are well-informed about the psychological impacts of restrictive housing and the procedural rights of those incarcerated. Additionally, it defines restrictive housing broadly to encompass various forms of confinement and outlines strict regulations governing the placement of vulnerable individuals, who cannot be placed in such conditions. This is an important step toward reforming the state’s correctional policies to promote rehabilitation over punishment.

Summary

Senate Bill 45, known as the Maryland Mandela Act, addresses the treatment and conditions of individuals placed in restrictive housing within correctional facilities. The bill mandates specific training for personnel involved in the supervision and care of incarcerated individuals in restrictive housing, emphasizing trauma-informed care and the psychological effects of such confinement. A significant aspect of the legislation includes limiting the duration for which an individual can be confined in restrictive housing, with a maximum of 60 days within a 365-day period, and implementing requirements for out-of-cell programming to promote mental well-being.

Conclusion

Senate Bill 45 is a significant legislative measure aimed at reforming restrictive housing practices within Maryland's correctional system. By enforcing stricter guidelines and providing necessary training to staff, the bill seeks to prioritize the mental health and rights of incarcerated individuals. However, its passage and implementation will need continuous monitoring to ensure that it effectively achieves the intent of reducing harmful practices in correctional facilities.

Contention

Critics of the bill may argue that while it aims to improve conditions for individuals in restrictive housing, there are concerns regarding the enforceability of the proposed changes. Opponents suggest that the practical implication of these regulations might not adequately address the root issues within correctional facilities. Additionally, there is a debate on the balance between maintaining security and ensuring humane treatment for incarcerated individuals, particularly regarding the definitions of serious infractions that can lead to disciplinary segregation. The bill's framework, while aimed at reducing unnecessary confinement, could encounter challenges in implementation and adherence.

Companion Bills

No companion bills found.

Similar Bills

MD HB1144

Corrections - Segregated Housing - Limitations

MD SB1085

Corrections - Segregated Housing - Limitations

MD SB459

Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

MD SB702

Correctional Services - Restrictive Housing

MD HB647

Correctional Services - Restrictive Housing

MD HB385

Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

CA SB733

Solitary confinement.

VA HB2647

Restorative housing and isolated confinement; restrictions on use, effective date.