Maryland 2024 Regular Session

Maryland House Bill HB1366 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1366
6	6
7	7	HOUSE BILL 1366
8	8	E5 4lr2202
9	9	SB 257/23 – JPR CF SB 948
10	10	By: Delegates Roberson, Acevero, Alston, J. Long, Phillips, Roberts, Simmons,
11	11	Taylor, White Holland, Williams, and Woods
12	12	Introduced and read first time: February 9, 2024
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	State Correctional Facilities – Incarcerated Individuals – Costs of Telephone 2
20	20	Communications 3
21	21
22	22	FOR the purpose of providing that a State correctional facility is responsible for the 4
23	23	payment of costs charged by a telephone service provider under certain 5
24	24	circumstances; providing that a State correctional facility and a telephone service 6
25	25	provider may not charge an incarcerated individual or a third party under certain 7
26	26	circumstances; providing that an incarcerated individual’s access to or use of 8
27	27	telephone equipment and telephone services may not supplant time that the 9
28	28	incarcerated individual is entitled to in–person visitation; and generally relating to 10
29	29	the payment of costs for telephone equipment and telephone services used by 11
30	30	incarcerated individuals in State correctional facilities. 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – Correctional Services 14
34	34	Section 10–503(a)(2) 15
35	35	Annotated Code of Maryland 16
36	36	(2017 Replacement Volume and 2023 Supplement) 17
37	37
38	38	BY adding to 18
39	39	Article – Correctional Services 19
40	40	Section 10–802 20
41	41	Annotated Code of Maryland 21
42	42	(2017 Replacement Volume and 2023 Supplement) 22
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
45	45	That the Laws of Maryland read as follows: 24
46	46
47	47	Article – Correctional Services 25
48	48	2 HOUSE BILL 1366
49	49
50	50
51	51	10–503. 1
52	52
53	53	(a) (2) (i) Each fund consists of: 2
54	54
55	55	1. profits derived from the sale of goods through the 3
56	56	commissary operation [and telephone] and vending machine commissions; and 4
57	57
58	58	2. subject to subparagraph (ii) of this paragraph, money 5
59	59	received from other sources. 6
60	60
61	61	(ii) Money from the General Fund of the State may not be 7
62	62	transferred by budget amendment or otherwise to a fund. 8
63	63
64	64	10–802. 9
65	65
66	66	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
67	67	INDICATED. 11
68	68
69	69	(2) (I) “TELEPHONE EQUIPMENT ” MEANS A TELEPHONE OR 12
70	70	OTHER DEVICE OR SYST EM THAT ENABLES A US ER TO MAKE VOICE COM MUNICATION 13
71	71	USING A TELEPHONE SE RVICE. 14
72	72
73	73	(II) “TELEPHONE EQUIPMENT ” DOES NOT INCLUDE 15
74	74	EQUIPMENT FOR VIDEO COMMUNICATION . 16
75	75
76	76	(3) “TELEPHONE SERVICE ” MEANS: 17
77	77
78	78	(I) LANDLINE TELEPHONE S ERVICE; 18
79	79
80	80	(II) WIRELESS OR CELLULAR TELEPHONE SERVICE ; 19
81	81
82	82	(III) VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE, AS 20
83	83	DEFINED IN § 8–601 OF THE PUBLIC UTILITIES ARTICLE; OR 21
84	84
85	85	(IV) ANY OTHER SIMILAR SE RVICE CAPABLE OF BEI NG USED FOR 22
86	86	VOICE COMMUNICATION , REGARDLESS OF THE TE CHNOLOGY. 23
87	87
88	88	(4) “TELEPHONE SERVICE PRO VIDER” MEANS A PERSON ENGAG ED IN 24
89	89	THE BUSINESS OF PROV IDING TELEPHONE EQUIPMENT OR A TELEPHONE SERVI CE 25
90	90	FOR A FEE. 26
91	91
92	92	(B) THIS SECTION APPLIES ONLY TO TELEPHONE EQ UIPMENT OR A 27
93	93	TELEPHONE SERVICE TH AT A STATE CORRECTIONAL FA CILITY HAS AUTHORIZE D AN 28
94	94	INCARCERATED INDIVID UAL TO USE IN THE FA CILITY. 29 HOUSE BILL 1366 3
95	95
96	96
97	97
98	98	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A STATE 1
99	99	CORRECTIONAL FACILIT Y IS RESPONSIBLE FOR THE PAYMENT OF ANY C OST 2
100	100	CHARGED BY A TELEPHO NE SERVICE PROVIDER FOR THE USE OF TELEP HONE 3
101	101	EQUIPMENT AND A TELE PHONE SERVICE BY AN INCARCERATED INDIVID UAL WHO IS 4
102	102	CONFINED IN T HE FACILITY. 5
103	103
104	104	(2) THIS SUBSECTION MAY N OT BE INTERPRETED TO REQUIRE A 6
105	105	STATE CORRECTIONAL FA CILITY TO PAY A COST THAT THE FACILITY DI SPUTES IS 7
106	106	OWED TO A TELEPHONE SERVICE PROVIDER . 8
107	107
108	108	(D) A STATE CORRECTIONAL FA CILITY AND A TELEPHO NE SERVICE 9
109	109	PROVIDER MAY NOT CHA RGE AN INCARCERATED INDIVIDUAL OR A THIR D PARTY, 10
110	110	INCLUDING THE RECIPI ENT OF A TELEPHONE C ALL, FOR AN INCARCERATED 11
111	111	INDIVIDUAL’S USE OF TELEPHONE E QUIPMENT OR TELEPHON E SERVICES IN A 12
112	112	STATE CORRECTIONAL FA CILITY. 13
113	113
114	114	(E) AN INCARCERATED INDIV IDUAL’S ACCESS TO OR USE O F TELEPHONE 14
115	115	EQUIPMENT AND TELEPH ONE SERVICES MAY NOT SUPPLANT TIME THAT T HE 15
116	116	INCARCERATED INDIVID UAL IS ENTITLED TO I N–PERSON VISITATION . 16
117	117
118	118	SECTION 2. AND BE IT FURTHER ENACT ED, That this Act shall take effect July 17
119	119	1, 2025. 18
120	120
121	121