EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0087*
SENATE BILL 87
P1, E5 3lr0893
SB 512/22 – JPR (PRE–FILED) CF HB 64
By: Senators Hettleman and West
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 18, 2023
CHAPTER ______
AN ACT concerning 1
Office of the Attorney General – Correctional Ombudsman Unit 2
FOR the purpose of establishing the Correctional Ombudsman Unit in the Office of the 3
Attorney General; requiring the Ombudsman Unit to conduct investigations, 4
reviews, and assessments of administrative acts taken by the Department of Public 5
Safety and Correctional Services or in relation to individuals confined by the 6
Department; requiring the Ombudsman Unit to refer certain matters for criminal 7
charges or disciplinary proceedings; providing for the confidentiality of certain 8
communications with the Ombudsman; establishing the Correctional Ombudsman 9
Advisory Board; prohibiting a person from obstructing the lawful exercise of the 10
Ombudsman’s powers; requiring the Ombudsman Unit to conduct certain activities; 11
and generally relating to the Correctional Ombudsman Unit. 12
BY repealing and reenacting, with amendments, 13
Article – Correctional Services 14
Section 8–114 and 8–117 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – State Government 19
Section 6–701 through 6–708 6–707 to be under the new subtitle “Subtitle 7. 20
Correctional Ombudsman Unit” 21
Annotated Code of Maryland 22 2 SENATE BILL 87
(2021 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Correctional Services 4
8–114. 5
(a) (1) If the Commission determines that a correctional facility is in violation 6
of the minimum mandatory standards, the Commission shall send a compliance plan to the 7
correctional facility. 8
(2) The compliance plan shall state: 9
(i) which minimum mandatory standards the correctional facility 10
has violated; 11
(ii) the time, to be determined by the Commission, that the 12
correctional facility has to address the violations; and 13
(iii) the date that the Commission shall reinspect the correctional 14
facility to determine if the correctional facility has complied with the minimum mandatory 15
standards. 16
(3) The Commission shall send a copy of the compliance plan to: 17
(I) the executive and legislative body responsible for the correctional 18
facility; AND 19
(II) THE CORRECTIONAL OMBUDSMAN UNIT. 20
(b) (1) If, after sending a compliance plan and reinspecting a correctional 21
facility under subsection (a) of this section, the Commission determines that the 22
correctional facility is in violation of the minimum mandatory standards, the Commission 23
shall send a letter of reprimand to the correctional facility. 24
(2) The letter of reprimand shall state: 25
(i) which minimum standards the correctional facility has violated; 26
(ii) the time, to be determined by the Commission but not to exceed 27
60 days, that the correctional facility has to address the violations; and 28
(iii) the date that the Commission will reinspect the correctional 29
facility to determine if the correctional facility has complied with the minimum mandatory 30
standards. 31 SENATE BILL 87 3
(3) The Commission shall send a copy of the letter of reprimand to: 1
(I) the executive and legislative body responsible for the correctional 2
facility; AND 3
(II) THE CORRECTIONAL OMBUDSMAN UNIT. 4
(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 5
facility under subsection (b) of this section and reinspected the facility, the Commission 6
determines that the correctional facility is in violation of the minimum mandatory 7
standards, the Commission shall: 8
(i) conduct a full standards and pe rformance audit of the 9
correctional facility; or 10
(ii) periodically inspect the correctional facility until compliance is 11
attained and send a report of each inspection to the executive and legislative bodies 12
responsible for the correctional facility. 13
(2) When conducting a full standards and performance audit of a 14
correctional facility, the Commission shall examine: 15
(i) the physical condition of the correctional facility; 16
(ii) the safety and treatment of inmates at the correctional facility; 17
(iii) whether the correctional facility has policies and procedures in 18
place as required by the minimum mandatory standards; and 19
(iv) whether the correctional facility is following the required policies 20
and procedures. 21
(3) When conducting a full standards and performance audit, the 22
Commission shall have unrestricted access to the personnel and records of the correctional 23
facility. 24
(4) (i) If the Commission lacks the expertise necessary to perform a part 25
of the full standards and performance audit, the Commission may obtain assistance from 26
sources with expertise in the specific standard. 27
(ii) If the Commission needs to obtain assistance, the correctional 28
facility that is being audited shall reimburse the Commission for any cost incurred. 29
(5) (i) After completing a full standards and performance audit, the 30
Commission shall send a letter to the correctional facility. 31
4 SENATE BILL 87
(ii) The letter shall contain: 1
1. a copy of the audit findings, including details on all areas 2
where the correctional facility fails to comply with the minimum mandatory standards; 3
2. a statement of what actions the correctional facility must 4
take in order to comply with the audit findings; 5
3. a date when the correctional facility must comply with the 6
audit findings; and 7
4. a statement that the Commission will conduct an 8
unannounced inspection of the correctional facility within a reasonable amount of time 9
after the date specified for compliance and that if the correctional facility fails to comply, 10
the Commission may seek a court order requiring compliance or order all or part of the 11
correctional facility to cease operations. 12
(iii) The Commission shall send a copy of the letter to: 13
1. the executive and legislative bodies responsible for the 14
correctional facility; AND 15
2. THE CORRECTIONAL OMBUDSMAN UNIT. 16
(6) (I) Within a reasonable time after the date specified for compliance, 17
the Commission shall conduct an unannounced inspection to verify that the correctional 18
facility has complied with the audit findings. 19
(II) ON REQUEST BY THE COMMISSION, THE CORRECTIONAL 20
OMBUDSMAN UNIT SHALL CONDUCT AN UNA NNOUNCED INSPECTION TO VERIFY 21
THAT THE CORRECTIONA L FACILITY HAS COMPL IED WITH THE AUDIT F INDINGS. 22
(d) (1) If, after performing an audit and unannounced inspection under 23
subsection (c) of this section and holding a hearing on the issue, the Commission determines 24
that a correctional facility has not complied with the audit findings, the Commission shall: 25
(i) petition a circuit court with venue over the proceeding for a court 26
order requiring the correctional facility to comply with the audit findings; or 27
(ii) issue an order to cease operation of the correctional facility or 28
any of its correctional elements, procedures, or functions. 29
(2) The Commission shall provide to a correctional facility reasonable 30
notice of a hearing under paragraph (1) of this subsection. 31
SENATE BILL 87 5
(3) The Commission may subpoena witnesses and hold public hearings in 1
accordance with Title 10, Subtitle 2 of the State Government Article before making a final 2
decision on whether to seek a court order or close a correctional facility or any of its 3
correctional elements, procedures, or functions. 4
8–117. 5
(A) The Commission may perform any acts necessary and appropriate to carry out 6
the powers and duties set forth in this subtitle. 7
(B) THE COMMISSION SHALL RECE IVE FROM AND SHARE W ITH THE 8
CORRECTIONAL OMBUDSMAN UNIT INFORMATION RELATED TO ANY CONDITION 9
THAT MAY ENDANGER TH E LIFE OR HEALTH OF ANY PERSON IN A CORR ECTIONAL 10
FACILITY. 11
Article – State Government 12
SUBTITLE 7. CORRECTIONAL OMBUDSMAN UNIT. 13
6–701. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “ADMINISTRATIVE ACT ” MEANS ANY ACTION , DECISION, 17
ADJUDICATION , FAILURE TO ACT , OMISSION, RULE OR REGULATION , 18
INTERPRETATION , RECOMMENDATION , POLICY, PRACTICE, OR PROCEDURE OF AN 19
AGENCY. 20
(C) (1) “AGENCY” MEANS: 21
(I) THE DEPARTMENT OF PUBLIC SAFETY AND 22
CORRECTIONAL SERVICES; 23
(II) ANY OFFICER OR EMPLO YEE OF THE DEPARTMENT OF 24
PUBLIC SAFETY AND CORRECTIONAL SERVICES; 25
(III) ANY PERSON PROVIDING SERVICES UNDER A CON TRACT 26
WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES TO 27
INDIVIDUALS WHO ARE CONFINED BY OR UNDER THE SUPERVISION OF T HE 28
DEPARTMENT ; OR 29
(IV) ANY OFFICER, EMPLOYEE, OR ADMINISTRATIVE HE ARING 30
EXAMINER OF THE STATE OR A UNIT OF LO CAL GOVERNMENT WHO I S ACTING OR 31
PURPORTING TO ACT IN RELATION TO INDIVIDU ALS CONFINED BY OR U NDER THE 32 6 SENATE BILL 87
SUPERVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1
SERVICES. 2
(2) “AGENCY” DOES NOT INCLUDE : 3
(I) A JUDGE, AS DEFINED BY § 1–101 OF THE COURTS ARTICLE; 4
ARTICLE, OR ANY OTHER EMPLOYE E OF THE JUDICIARY ; 5
(II) THE GENERAL ASSEMBLY OR ANY MEMBE R, EMPLOYEE, OR 6
COMMITTEE OF THE GENERAL ASSEMBLY; OR 7
(III) THE GOVERNOR OR THE GOVERNOR’S PERSONAL STAFF . 8
(D) “OMBUDSMAN ” MEANS THE CORRECTIONAL OMBUDSMAN . 9
(E) (D) “RECORDS” MEANS ALL MATERIALS , REGARDLESS OF PHYSIC AL 10
FORM OR CHARACTERIST ICS, CREATED, GENERATED , RECORDED, RECEIVED, 11
POSSESSED, OR CONTROLLED BY OR ON BEHALF OF ANY AGENCY. 12
(E) “UNIT” MEANS THE CORRECTIONAL OMBUDSMAN UNIT IN THE OFFICE 13
OF THE ATTORNEY GENERAL. 14
6–702. 15
THERE IS A CORRECTIONAL OMBUDSMAN UNIT IN THE OFFICE OF THE 16
ATTORNEY GENERAL. 17
6–703. 18
(A) (1) THE ATTORNEY GENERAL SHALL APPOINT THE OMBUDSMAN 19
WITH THE ADVICE AND CONSENT OF THE SENATE. 20
(2) THE OMBUDSMAN SHALL SERVE FOR A TERM OF 5 YEARS. 21
(3) AT THE END OF A TERM , THE OMBUDSMAN CONTINUES T O SERVE 22
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 23
(4) THE ATTORNEY GENERAL OR THE GENERAL ASSEMBLY, WITH 24
THE VOTE OF A TWO –THIRDS MAJORITY OF E ACH CHAMBER , MAY REMOVE THE 25
OMBUDSMAN ONLY FOR : 26
(I) MISCONDUCT IN OFFICE ; 27
(II) A FELONY CONVICTION ; OR 28
SENATE BILL 87 7
(III) A PERSISTENT FAILURE BY THE OMBUDSMAN TO PERFORM 1
THE DUTIES OF THE OF FICE. 2
(B) THE OMBUDSMAN SHALL BE AN I NDIVIDUAL: 3
(1) WITH RECOGNIZED JUDG MENT AND OBJECTIVITY ; 4
(2) WHO HAS DEMONSTRATED INTEREST AND EXPERIE NCE IN ISSUES 5
RELATED TO CORRECTIO NS; 6
(3) WHO POSSESSES SKILL IN ANALYZING LAW , ADMINISTRATION , 7
AND PUBLIC POLICY ; AND 8
(4) WITH EXPERIENCE IN A T LEAST ONE OF THE F OLLOWING AREAS : 9
(I) LAW; 10
(II) AUDITING; 11
(III) GOVERNMENT OPERATION S; 12
(IV) INVESTIGATIONS ; 13
(V) SOCIAL WORK; OR 14
(VI) CONFLICT RESOLUTION . 15
(C) WHILE SERVING AS OMBUDSMAN , AN INDIVIDUAL MAY NOT: 16
(1) BE ACTIVELY INVOLVED WITH ANY POLITICAL A CTIVITIES; 17
(2) PUBLICLY ENDORSE , SOLICIT FUNDS FOR , OR MAKE 18
CONTRIBUTIONS TO A P OLITICAL PARTY OR CA NDIDATE FOR ELECTIVE OFFICE; 19
(3) BE A CANDIDATE FOR O R HOLD ANY ELECTIVE OR APPOINTED 20
OFFICE; OR 21
(4) ENGAGE IN ANY OTHER OCCUPATION , BUSINESS, OR PROFESSION 22
LIKELY TO: 23
(I) DETRACT FROM THE FUL L–TIME PERFORMANCE OF THE 24
OMBUDSMAN ’S DUTIES; 25
(II) RESULT IN A CONFLICT OF INTEREST; OR 26
8 SENATE BILL 87
(III) RESULT IN THE APPEAR ANCE OF IMPROPRIETY . 1
(D) (1) THE SALARY OF THE OMBUDSMAN IS EQUAL TO THE SALARY OF A 2
DISTRICT COURT JUDGE. 3
(2) THE SALARY OF THE OMBUDSMAN MAY NOT BE DIMINISHED 4
DURING THE OMBUDSMAN ’S TERM OF OFFICE . 5
(A) THE UNIT SHALL INCLUDE : 6
(1) A FULL–TIME CORRECTIONAL OMBUDSMAN ; AND 7
(2) STAFF AS PROVIDED IN THE STATE BUDGET . 8
(B) (1) THE ATTORNEY GENERAL SHALL APPOINT THE CORRECTIONAL 9
OMBUDSMAN WITH THE AD VICE AND CONSENT OF THE SENATE. 10
(2) THE CORRECTIONAL OMBUDSMAN SHALL SERVE FOR A TERM OF 11
5 YEARS. 12
(3) AT THE END OF A TERM , THE CORRECTIONAL OMBUDSMAN 13
CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 14
(B) (C) SALARIES OF THE OMBUDSMAN AND STAFF A ND EXPENSES FOR 15
RENT, EQUIPMENT, SUPPLIES, AND GENERAL OPERATIN G EXPENSES NECESSARY 16
FOR THE WORK OF THE UNIT SHALL BE AS PROVIDED IN TH E STATE BUDGET . 17
(C) (D) IN COOPERATION WITH T HE SECRETARY OF BUDGET AND 18
MANAGEMENT , THE ATTORNEY GENERAL SHALL SET MIN IMUM SALARIES , 19
QUALIFICATIONS , AND STANDARDS OF TRA INING AND EXPERIENCE FOR POSITIONS 20
WITH THE UNIT. 21
6–704. 22
(A) THE OMBUDSMAN UNIT, IN RESPONSE TO A COM PLAINT OR ON THE 23
OMBUDSMAN ’S INITIATIVE, SHALL: 24
(1) INVESTIGATE ANY ADMI NISTRATIVE ACT THAT THE OMBUDSMAN 25
DETERMINES MAY BE : 26
(I) CONTRARY TO LAW OR R EGULATION; 27
(II) BASED ON A MISTAKE O F FACT; 28
SENATE BILL 87 9
(III) UNSUPPORTED BY SUFFI CIENT EVIDENCE ; 1
(IV) PERFORMED IN AN INEF FICIENT MANNER ; 2
(V) UNREASONABLE UNDER T HE TOTALITY OF THE 3
CIRCUMSTANCES ; OR 4
(VI) OTHERWISE ERRONEOUS ; 5
(2) CONDUCT INDEPENDENT REVIEWS AND ASSESSME NTS OF: 6
(I) HEALTH SERVICES SERVICES, INCLUDING SUBSTANCE 7
ABUSE ASSESSMENTS AN D TREATMENT PROVIDED TO INDIVIDU ALS CONFINED BY 8
ANY AGENCY; 9
(II) MENTAL HEALTH SERVIC ES PROVIDED TO INDIV IDUALS 10
CONFINED BY ANY AGEN CY; 11
(III) PLANS BY AGENCIES TO EXPAND, RENOVATE, OR CLOSE 12
FACILITIES; 13
(IV) EDUCATIONAL AND VOCA TIONAL PROGRAMS FOR 14
INDIVIDUALS CONFINED BY ANY AGENCY ; AND 15
(V) AGENCY POLICIES ON R ESTRICTIVE OR PROTEC TIVE 16
HOUSING; 17
(3) COOPERATE WITH ANY A GENCY IN EFFORTS TO IMPROVE THE 18
FUNCTIONING OF ANY A GENCY OR PREVE NT ABUSES BY AGENCIE S; 19
(4) INSPECT ANY FACILITI ES OWNED OR CONTROLL ED BY ANY 20
AGENCY TO MONITOR CO NDITIONS IN THE FACI LITIES; 21
(5) SEEK TO RESOLVE COMP LAINTS AGAINST AN AG ENCY THROUGH 22
MEDIATION OR OTHER C ONFLICT RESOLUTION M ETHODS; 23
(6) MAINTAIN A WEBSITE THAT: 24
(I) SUBJECT TO THE REQUI REMENTS OF SUBSECTIO N (E) OF 25
THIS SECTION, MAKES CURRENT AND PA ST REPORTS AVAILABLE TO THE PUBLIC ; 26
AND 27
(II) PROVIDES CONTACT INF ORMATION FOR THE OFFICE OF 28
THE CORRECTIONAL OMBUDSMAN UNIT; AND 29
10 SENATE BILL 87
(7) ADOPT REGUL ATIONS NECESSARY TO CARRY OUT THE 1
REQUIREMENTS OF THIS SUBTITLE. 2
(B) (1) THE OMBUDSMAN UNIT SHALL INVESTIGATE EA CH COMPLAINT 3
ABOUT AN ADMINISTRAT IVE ACT, UNLESS THE OMBUDSMAN UNIT DETERMINES 4
THAT: 5
(I) THE COMPLAINT COULD BE ADDRESSED THROUGH 6
ANOTHER PROCESS; 7
(II) THE COMPLAINT IS TRI VIAL, FRIVOLOUS, VEXATIOUS, OR 8
NOT MADE IN GOOD FAI TH; 9
(III) THE COMPLAINANT UNRE ASONABLY DELAYED IN BRINGING 10
THE COMPLAINT ; 11
(IV) THE COMPLAINANT IS N OT PERSONALLY AFFECT ED BY THE 12
ADMINISTRATIVE ACT ; OR 13
(V) THE OMBUDSMAN UNIT LACKS SUFFICIENT RES OURCES TO 14
INVESTIGATE THE COMP LAINT. 15
(2) THE OMBUDSMAN UNIT SHALL INFORM A COMPL AINANT OF A 16
DECISION NOT TO INVE STIGATE A COMPLAINT . 17
(3) ON REQUEST , THE OMBUDSMAN UNIT SHALL INFORM A 18
COMPLAINANT OF THE S TATUS OF AN INVESTIGATION . 19
(4) ON THE COMPLETION OF AN INVESTIGATION BAS ED ON A 20
COMPLAINT, THE OMBUDSMAN UNIT SHALL INFORM THE COMP LAINANT OF ANY 21
CONCLUSIONS , RECOMMENDATIONS , AND ACTIONS TAKEN IN RESPONSE TO THE 22
COMPLAINT. 23
(C) IF THE OMBUDSMAN UNIT DETERMINES THAT AN E MPLOYEE OR AGENT 24
OF AN AGENCY ACTED I N A MANNER WARRANTIN G CRIMINAL CHARGES O R 25
DISCIPLINARY PROCEED INGS, THE OMBUDSMAN UNIT SHALL REFER THE MATT ER 26
TO APPROPRIATE AUTHO RITIES. 27
(D) AN AGENCY MAY NOT THE UNIT MAY: 28
(1) RESTRICT THE OMBUDSMAN ’S ABILITY TO: 29
(I) INTERVIEW AGENCY PER SONNEL OR ANY INDIVI DUAL 30
CONFINED BY AN AGENC Y; 31 SENATE BILL 87 11
(II) (2) ACCESS ANY RECORDS M AINTAINED BY THE AGE NCY; 1
OR 2
(III) (3) ACCESS ANY FACILITIE S OWNED OR CONTROLLE D BY 3
THE AGENCY; 4
(2) (4) OPEN ANY CORRESPONDE NCE SENT: 5
(I) TO THE OMBUDSMAN UNIT BY A PERSON BEING CO NFINED 6
BY THE AGENCY ; OR 7
(II) BY THE OMBUDSMAN UNIT TO A PERSON BEING CO NFINED 8
BY THE AGENCY ; OR AND 9
(3) (5) INTERFERE WITH , DELAY, OR MONITOR ANY 10
COMMUNICATION BETWEE N THE OMBUDSMAN AND A PERSON BEING C ONFINED BY 11
THE AGENCY REVIEW ALL REPORTS O F DISCIPLINARY ACTIO NS, GRIEVANCES, AND 12
GRIEVANCE DISPOSITIO NS BY THE AGENCY . 13
(E) IN PERFORMING THE DUT IES ASSIGNED UN DER THIS SUBTITLE , THE 14
OMBUDSMAN UNIT SHALL TREAT ALL COMM UNICATIONS AS CONFID ENTIAL AND 15
MAY REVEAL THE DETAI LS OF ANY COMMUNICAT ION ONLY IF IT IS: 16
(1) NECESSARY TO CARRY O UT THE OMBUDSMAN ’S UNIT’S DUTIES; 17
AND 18
(2) DONE IN ACCORDANCE W ITH APPLICABLE STATE AND FEDERAL 19
LAW. 20
(F) THE OMBUDSMAN MAY SUBPOEN A ANY INDIVIDUAL TO APPEAR TO GIVE 21
SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 22
NECESSARY TO CARRY O UT THE OMBUDSMAN ’S DUTIES. 23
(G) THE OMBUDSMAN MAY BRING A N ACTION IN THE CIRCUIT COURT TO 24
ENFORCE THE PROVISIO NS OF THIS SUBTITLE . 25
6–705. 26
(A) WITHIN 30 DAYS AFTER COMPLETIN G AN INVESTIGATION , THE 27
OMBUDSMAN UNIT SHALL SUBMIT TO AN A GENCY A REPORT CONTA INING ANY 28
CONCLUSIONS , RECOMMENDATIONS , AND REQUESTS FOR A R ESPONSE FROM T HE 29
AGENCY. 30
12 SENATE BILL 87
(B) IF THE REPORT SUBMITT ED TO AN AGENCY UNDE R THIS SECTION 1
CONTAINS A REQUEST F OR A RESPONSE FROM T HE AGENCY, THE AGENCY SHALL 2
PROVIDE A WRITTEN RE SPONSE WITHIN 30 DAYS AFTER RECEIPT O F THE REPORT. 3
(C) THE OMBUDSMAN UNIT MAY PROVIDE THE REP ORT REQUIRED BY THIS 4
SECTION, AS WELL AS ANY RESPO NSES BY THE AGENCY , TO THE GOVERNOR OR , IN 5
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 6
6–706. 7
(A) ON OR BEFORE DECEMBER 31 EACH YEAR, THE OMBUDSMAN UNIT 8
SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THIS 9
ARTICLE, THE GENERAL ASSEMBLY ON: 10
(1) INVESTIGATIONS CONDU CTED BY THE OMBUDSMAN UNIT; 11
(2) ANY ACTIONS TAKEN BY AN AGENCY AS A RESUL T OF THE 12
CONCLUSIONS OR RECOM MENDATIONS OF THE OMBUDSMAN UNIT; AND 13
(3) ANY INSTANCE WHERE AN AG ENCY REJECTS A RECOM MENDATION 14
OR CONCLUSION OF THE OMBUDSMAN UNIT. 15
(B) IN ADDITION TO THE RE PORT REQUIRED BY SUB SECTION (A) OF THIS 16
SECTION, THE OMBUDSMAN UNIT SHALL PROVIDE TO THE GOVERNOR AND , IN 17
ACCORDANCE WITH § 2–1257 OF THIS ART ICLE, THE GENERAL ASSEMBLY ANY 18
OTHER REPORTS THAT T HE GOVERNOR OR THE GENERAL ASSEMBLY MAY REQUIRE . 19
(C) A REPORT PREPARED UNDE R THIS SECTION SHALL BE PUBLISHED ON 20
THE OMBUDSMAN ’S UNIT’S WEBSITE. 21
6–707. 22
(A) IN THIS SECTION, “BOARD” MEANS THE CORRECTIONAL OMBUDSMAN 23
ADVISORY BOARD. 24
(B) THERE IS A CORRECTIONAL OMBUDSMAN ADVISORY BOARD. 25
(C) THE PURPOSE OF THE BOARD IS TO PROVIDE I NFORMATION TO THE 26
OMBUDSMAN UNIT AND ASSIST THE OMBUDSMAN UNIT IN IDENTIFYING 27
APPROPRIATE MATTERS TO INVESTIGATE . 28
(D) THE BOARD SHALL CONSIST O F 10 MEMBERS APPOINTED BY THE 29
ATTORNEY GENERAL. 30
SENATE BILL 87 13
(E) TO THE EXTENT PRACTIC ABLE, THE ATTORNEY GENERAL SHALL 1
ENSURE THAT THE MEMB ERSHIP OF THE BOARD INCLUDES REPRES ENTATIVES OF: 2
(1) FAMILY MEMBERS OF CO NFINED INDIVIDUALS ; 3
(2) RETURNING CITIZENS ; 4
(3) NONSUPERVISORY CORRE CTIONAL OFFICERS ; 5
(4) MEMBERS OF THE PUBLI C WITH A DEMONSTRATE D INTEREST IN 6
CORRECTIONS ; AND 7
(5) INDIVIDUALS WITH BAC KGROUNDS IN HEALTH C ARE AND SOCIAL 8
WORK. 9
(F) THE OFFICE OF THE CORRECTIONAL OMBUDSMAN UNIT SHALL 10
PROVIDE STAFF FOR TH E BOARD. 11
6–708. 12
(A) A PERSON MAY NOT , BY THREAT , FORCE, OR CORRUPT MEANS , 13
OBSTRUCT, IMPEDE, OR TRY TO OBSTRUCT T HE LAWFUL EXERCISE O F THE 14
OMBUDSMAN ’S POWERS. 15
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 16
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 17
FINE NOT EXCEEDING $10,000 OR BOTH. 18
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 19
Assembly that the Governor shall include in the State budget for fiscal year 2024 and each 20
subsequent fiscal year an appropriation in an amount sufficient to fund the provisions of 21
this Act and to provide for at least two staff members of the Office of the Correctional 22
Ombudsman Unit in 2024 and at least seven staff members of the Office Unit in 2025 and 23
each subsequent fiscal year. 24
SECTION 3. AND BE IT FURTHER ENACTED, That on or before December 31, 25
2023, the Correctional Ombudsman Unit and the Commission on Correctional Standards 26
shall submit a joint report to the Governor and, in accordance with § 2–1257 of the State 27
Government Article, the General Assembly detailing how the Office of the Correctional 28
Ombudsman Unit and the Commission will coordinate in order to avoid overlap in their 29
duties. 30
SECTION 4. AND BE IT FURTHER ENACTED, That on or before December 31, 31
2023, the Mediation and Conflict Resolution Office shall report to the Correctional 32
Ombudsman Unit, the Governor, and, in accordance with § 2–1257 of the State Government 33 14 SENATE BILL 87
Article, the General Assembly on best practices for mediating grievances in the corrections 1
system. 2
SECTION 5. AND BE IT FURTHER ENACTED, That it is the intent of the General 3
Assembly that, in its first year of operation, the Office of the Correctional Ombudsman Unit 4
focus its activities primarily on those State correctional facilities located in the area of 5
Jessup, Maryland. 6
SECTION 6. AND BE IT FURTHER ENACTED, That it is the intent of the General 7
Assembly that, in its first year of operation, the Office of the Correctional Ombudsman Unit 8
conduct an audit of programming and services provided by the Division of Corrections since 9
fiscal year 2019. This audit shall include, among other things, an examination of: 10
(1) inmates’ rates of participation in: 11
(i) educational and vocational training; 12
(ii) evidence–based behavioral health and substance abuse 13
counseling; and 14
(iii) mentoring and reentry programs; and 15
(2) any obstacles to inmates’ participation in programs provided by the 16
Division. 17
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2023. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.