Maryland 2023 Regular Session

Maryland Senate Bill SB459

Introduced
2/3/23  
Refer
2/3/23  

Caption

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

Impact

If enacted, SB459 will significantly affect Maryland's correctional services laws by mandating that correctional staff undergo specialized training on trauma-informed care and the impact of restrictive housing. Facilities will be required to conduct weekly physical and mental health assessments of those in restrictive housing and ensure individuals receive the same services that are available to the general prison population. The bill is designed to enhance monitoring and reporting on the conditions within restrictive housing, aiming to improve the overall welfare of incarcerated individuals.

Summary

Senate Bill 459, also known as the Maryland Mandela Act, aims to reform the use of restrictive housing in correctional facilities. The bill establishes strict limitations on how long individuals can be held in restrictive housing and clarifies the procedures for their placement. Specifically, it prohibits the placement of individuals in restrictive housing for more than 60 days during any 365-day period and sets additional limitations for the most serious infractions, thus reducing the potential for prolonged isolation. The bill requires facilities to provide individuals in restrictive housing with access to vital services, including mental health assessments and educational programming.

Contention

While supporters of SB459 argue that it addresses significant human rights concerns associated with the isolation of incarcerated individuals, critics contend that the measures might limit the ability of correctional facilities to manage dangerous inmates effectively. There is an ongoing debate regarding the balance between maintaining security within correctional facilities and the potential psychological harm caused by restrictive housing. Opponents of the bill fear that it may inadvertently endanger both staff and inmates by restricting necessary disciplinary measures.

Companion Bills

MD HB385

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

Similar Bills

MD HB1144

Corrections - Segregated Housing - Limitations

MD SB1085

Corrections - Segregated Housing - Limitations

MD SB702

Correctional Services - Restrictive Housing

MD SB45

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

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.