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.
*hb0297*
HOUSE BILL 297
P1, E5 4lr1316
HB 64/23 – JUD & HGO CF SB 134
By: Delegates Davis, Bartlett, Crutchfield, and J. Long
Introduced and read first time: January 15, 2024
Assigned to: Judiciary and Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 20, 2024
CHAPTER ______
AN ACT concerning 1
Office of the Attorney General – Correctional Ombudsman Unit – Establishment 2
and Funding 3
FOR the purpose of establishing the Office of the Correctional Ombudsman Unit in the 4
Office of the Attorney General; authorizing the Justice Reinvestment Oversight 5
Board to make a recommendation for the distribution of money from the Performance 6
Incentive Grant Fund to the Office for a certain fiscal year; requiring the Unit Office 7
to conduct investigations, reviews, and assessments of administrative acts taken by 8
the Department of Public Safety and Correctional Services, the Department of 9
Juvenile Services, or in relation to individuals confined by the Department either 10
department; requiring the Unit Office to refer certain matters for criminal charges 11
or disciplinary proceedings; providing for the confidentiality of certain 12
communications with the Ombudsman; establishing the Correctional Ombudsman 13
Advisory Board; transferring the Juvenile Justice Monitoring Unit of the Office of 14
the Attorney General into the Office of the Correctional Ombudsman; authorizing 15
the Unit to subpoena an individual to give sworn testimony or produce documentary 16
evidence; prohibiting certain reprisals against employees of the Department of 17
Public Safety and Correctional Services or the Department of Juvenile Services who 18
provide certain information to the Unit Office; requiring the Unit Office to conduct 19
certain activities; and generally relating to the Office of the Correctional 20
Ombudsman Unit. 21
BY renumbering 22
Article – State Government 23 2 HOUSE BILL 297
Section 6–401 through 6–406 and the subtitle “Subtitle 4. Juvenile Justice 1
Monitoring Unit” 2
to be Section 9–3811 through 9–3816, respectively, and the part “Part II. Juvenile 3
Justice Monitoring Unit” 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – State Government 8
Section 9–3201 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – State Government 13
Section 9–3207(b) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – State Government 18
Section 6–901 through 6–907 9–3801 through 9–3808 to be under the new subtitle 19
“Subtitle 9. 38. Office of the Correctional Ombudsman Unit” and the part “Part 20
I. Established” 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – State Government 25
Section 9–3811 through 9–3813 and 9–3815 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2023 Supplement) 28
(As enacted by Section 1 of this Act) 29
BY repealing and reenacting, without amendments, 30
Article – State Government 31
Section 9–3814 and 9–3816(a) 32
Annotated Code of Maryland 33
(2021 Replacement Volume and 2023 Supplement) 34
(As enacted by Section 1 of this Act) 35
BY repealing and reenacting, with amendments, 36
Article – State Personnel and Pensions 37
Section 5–305 38
Annotated Code of Maryland 39
(2015 Replacement Volume and 2023 Supplement) 40
HOUSE BILL 297 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 6–401 through 6–406 and the subtitle “Subtitle 4. Juvenile Justice 2
Monitoring Unit” of Article – State Government of the Annotated Code of Maryland be 3
renumbered to be Section(s) 9–3811 through 9–3816, respectively, and the part “Part II. 4
Juvenile Justice Monitoring Unit”. 5
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
as follows: 7
Article – State Government 8
9–3201. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) “Board” means the Justice Reinvestment Oversight Board. 11
(c) “Executive Director” means the Executive Director of the Governor’s Office of 12
Crime Prevention, Youth, and Victim Services. 13
(d) “Fund” means the Performance Incentive Grant Fund established in § 9–3209 14
of this subtitle. 15
9–3207. 16
(b) (1) In collaboration with the Department of Public Safety and Correctional 17
Services, the Board shall determine the annual savings from the implementation of the 18
recommendations of the Justice Reinvestment Coordinating Council based on the 19
difference between the prison population as measured on October 1, 2017, the baseline day, 20
and the prison population as measured on October 1, 2018, the comparison day, and the 21
variable cost of incarceration. 22
(2) If the prison population on the comparison day is less than the prison 23
population on the baseline day, the Board shall determine a savings based on the difference 24
in the prison population multiplied by the variable cost. 25
(3) The Board annually shall determine the difference between the prison 26
population on October 1, 2017, and the prison population on October 1 of the current year 27
and calculate any savings in accordance with paragraph (2) of this subsection. 28
(4) If a prison population decline causes a correctional unit, wing, or facility 29
to close, the Board shall conduct an assessment to determine the savings from the closure 30
and distribute the savings, realized annually, according to the schedule in paragraph (5) of 31
this subsection. 32
(5) The Board annually shall recommend that the savings identified in 33
paragraphs (2) through (4) of this subsection be distributed as follows: 34 4 HOUSE BILL 297
(i) up to 50% of the savings shall be placed in the Performance 1
Incentive Grant Fund for purposes established under § 9–3209(b)(1) of this subtitle; and 2
(ii) subject to paragraph (6) of this subsection, the remaining savings 3
shall be used for additional services identified as reinvestment priorities in the Justice 4
Reinvestment Coordinating Council’s Final Report. 5
(6) The Board may recommend that a portion of the remaining savings 6
identified under paragraph (5)(ii) of this subsection be: 7
(I) used for the development and implementation of a 8
post–secondary education and workforce training program for each correctional institution 9
in the Division of Correction that provides inmates with the requisite training, 10
certifications, and experience to obtain careers in in–demand job sectors; OR 11
(II) FOR FISCAL YEAR 2025 ONLY, DISTRIBUTED TO THE OFFICE 12
OF THE CORRECTIONAL OMBUDSMAN . 13
SUBTITLE 9. 38. OFFICE OF THE CORRECTIONAL OMBUDSMAN UNIT. 14
PART I. ESTABLISHED. 15
6–901. 9–3801. 16
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(B) “ADMINISTRATIVE ACT ” MEANS ANY ACTION , DECISION, 19
ADJUDICATION , FAILURE TO ACT , OMISSION, RULE OR REGULATION , 20
INTERPRETATION , RECOMMENDATION , POLICY, PRACTICE, OR PROCEDURE OF AN 21
AGENCY. 22
(C) (1) “AGENCY” MEANS: 23
(I) THE DEPARTMENT OF PUBLIC SAFETY AND 24
CORRECTIONAL SERVICES; 25
(II) ANY OFFICER OR EMPLO YEE OF THE DEPARTMENT OF 26
PUBLIC SAFETY AND CORRECTIONAL SERVICES; 27
(III) ANY PERSON PROVIDING SERVICES UNDER A CON TRACT 28
WITH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES TO 29
INDIVIDUALS WHO ARE CONFINED BY OR UNDER THE SUPERVISION OF THE 30 HOUSE BILL 297 5
DEPARTMENT THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1
SERVICES; OR 2
(IV) ANY OFFICER, EMPLOYEE, OR ADMINISTRATIVE HE ARING 3
EXAMINER OF THE STATE OR A UNIT OF LOCAL G OVERNMENT WHO IS ACT ING OR 4
PURPORTING TO ACT IN RELATION TO INDIVIDU ALS CONFINED BY OR U NDER THE 5
SUPERVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 6
SERVICES. 7
(2) “AGENCY” DOES NOT INCLUDE : 8
(I) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS ARTICLE, 9
OR ANY OTHER EMPLOYE E OF THE JUDICIARY ; 10
(II) THE GENERAL ASSEMBLY OR ANY MEMBE R, EMPLOYEE, OR 11
COMMITTEE OF THE GENERAL ASSEMBLY; OR 12
(III) THE GOVERNOR OR THE GOVERNOR’S PERSONAL STAFF . 13
(D) (1) “COMPLAINT” MEANS ANY COMMUNICATION : 14
(I) FROM OR ON BEHALF OF AN INDIVIDUAL CONFIN ED BY OR 15
UNDER THE SUPERVISIO N OF AN AGENCY ; AND 16
(II) ALLEGING A VIOLATION OF THE INDIVIDUAL ’S RIGHTS OR 17
ANY APPLICABLE LAW , REGULATION , OR STANDARD : 18
1. BY THE AGENCY ; AND 19
2. THAT IMPACTED THE IN DIVIDUAL. 20
(2) “COMPLAINT” DOES NOT INCLUDE A D ISCIPLINARY PROCEEDI NG 21
OF AN INCARCERATED I NDIVIDUAL. 22
(E) “OFFICE” MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSMAN . 23
(F) “RECORDS” MEANS ALL MATERIALS , REGARDLESS OF PHYSIC AL FORM 24
OR CHARACTERISTICS , CREATED, GENERATED , RECORDED, RECEIVED, POSSESSED, 25
OR CONTROLLED BY OR ON BEHALF OF ANY AGE NCY. 26
(F) “UNIT” MEANS THE CORRECTIONAL OMBUDSMAN UNIT IN THE OFFICE 27
OF THE ATTORNEY GENERAL. 28
6–902. 9–3802. 29
6 HOUSE BILL 297
THERE IS A AN OFFICE OF THE CORRECTIONAL OMBUDSMAN UNIT IN THE 1
OFFICE OF THE ATTORNEY GENERAL ESTABLISHED AS AN IN DEPENDENT UNIT OF 2
STATE GOVERNMENT . 3
6–903. 9–3803. 4
(A) THE UNIT OFFICE SHALL INCLUDE : 5
(1) A FULL–TIME CORRECTIONAL OMBUDSMAN ; AND 6
(2) STAFF AS PROVIDED IN THE STATE BUDGET ; AND 7
(3) THE JUVENILE JUSTICE MONITORING UNIT ESTABLISHED IN § 8
9–3812 OF THIS SUBTITLE . 9
(B) (1) THE ATTORNEY GENERAL GOVERNOR SHALL APPOINT THE 10
CORRECTIONAL OMBUDSMAN WITH THE AD VICE AND CONSENT OF THE SENATE. 11
(2) THE CORRECTIONAL OMBUDSMAN SHALL SERVE FOR A TERM OF 12
5 YEARS. 13
(3) AT THE END OF A TERM , THE CORRECTIONAL OMBUDSMAN 14
CONTINUES TO SERVE U NTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 15
(C) SALARIES OF THE OMBUDSMAN AND STAFF A ND EXPENSES FOR RENT , 16
EQUIPMENT, SUPPLIES, AND GENERAL OPERATIN G EXPENSES NECESSARY FOR THE 17
WORK OF THE UNIT OFFICE SHALL BE AS PROVIDED IN THE STATE BUDGET . 18
(D) IN COOPERATION WITH T HE SECRETARY OF BUDGET AND 19
MANAGEMENT, THE ATTORNEY GENERAL SHALL SET MIN IMUM SALARIES , 20
QUALIFICATIONS , AND STANDARDS OF TRA INING AND EXPERIENCE FOR POSITIONS 21
WITH THE UNIT. 22
6–904. 9–3804. 23
(A) THE UNIT OFFICE, IN RESPONSE TO A COM PLAINT OR ON THE 24
OMBUDSMAN ’S INITIATIVE, SHALL: 25
(1) INVESTIGATE ANY ADMI NISTRATIVE ACT THAT THE OMBUDSMAN 26
DETERMINES MAY BE : 27
(I) CONTRARY TO LAW OR R EGULATION; 28
(II) BASED ON A MISTAKE O F FACT; 29
HOUSE BILL 297 7
(III) UNSUPPORTED BY SUFFI CIENT EVIDENCE ; 1
(IV) PERFORMED IN AN INEF FICIENT MANNER ; 2
(V) UNREASON ABLE UNDER THE TOTAL ITY OF THE 3
CIRCUMSTANCES ; OR 4
(VI) OTHERWISE ERRONEOUS ; 5
(2) CONDUCT INDEPENDENT REVIEWS AND ASSESSME NTS OF: 6
(I) HEALTH SERVICES , INCLUDING SUBSTANCE ABUSE USE 7
DISORDER ASSESSMENTS AND TREA TMENT, PROVIDED TO INDIVIDU ALS CONFINED 8
BY 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 PREVENT ABU SES BY AGENCIES; 19
(4) INSPECT ANY FACILITI ES OWNED OR CONTROLLED 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 T HAT: 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 UNIT OFFICE; 28
AND 29
8 HOUSE BILL 297
(7) ADOPT REGULATIONS NE CESSARY TO CARRY OUT THE 1
REQUIREMENTS OF THIS SUBTITLE. 2
(B) (1) THE UNIT OFFICE SHALL INVESTIGATE EA CH COMPLAINT ABOUT 3
AN ADMINISTRATIVE AC T, UNLESS THE UNIT OFFICE DETERMINES THAT : 4
(I) THE COMPLAINT COULD BE ADDRESSED THROUGH 5
ANOTHER PROCESS ; 6
(II) THE COMPLAINT IS TRI VIAL, FRIVOLOUS, VEXATIOUS, OR 7
NOT MADE IN GOOD FAI TH; 8
(III) THE COMPLAINANT UNRE ASONABLY DELAYED IN BRINGING 9
THE COMPLAINT ; OR 10
(IV) THE COMPLAINANT IS N OT PERSONALLY AFFECT ED BY THE 11
ADMINISTRATIVE ACT ; OR 12
(V) THE UNIT OFFICE LACKS SUFFICIENT RES OURCES TO 13
INVESTIGATE THE COMP LAINT. 14
(2) THE UNIT OFFICE SHALL PROMPTLY INFORM A COMPLAINANT OF 15
A DECISION NOT TO IN VESTIGATE A COMPLAIN T. 16
(3) ON REQUEST, THE UNIT OFFICE SHALL PROMPTLY INFORM A 17
COMPLAINANT OF THE S TATUS OF AN INVESTIG ATION. 18
(4) ON THE COMPLETION OF AN INVESTIGATION BAS ED ON A 19
COMPLAINT, THE UNIT OFFICE SHALL PROMPTLY INFORM THE COMPLAINA NT OF 20
ANY CONCLUSIONS , RECOMMENDATIONS , AND ACTIONS TAKEN IN RESPONSE TO THE 21
COMPLAINT. 22
(C) (1) IF THE UNIT OFFICE DETERMINES THAT AN E MPLOYEE OR AGENT 23
OF AN AGENCY ACTED I N A MANNER WARRANTIN G CRIMINAL CHARGES O R 24
DISCIPLINARY PROCEED INGS, THE UNIT OFFICE SHALL PROMPTLY REFER THE 25
MATTER TO APPROPRIAT E AUTHORITIES. 26
(2) IF THE UNIT REFERS THE MATTE R TO THE OFFICE OF THE 27
ATTORNEY GENERAL, A SPECIAL ASSISTANT SH ALL BE APPOINTED TO REVIEW THE 28
MATTER. 29
(D) THE UNIT OFFICE MAY: 30
HOUSE BILL 297 9
(1) INTERVIEW AGENCY PER SONNEL OR ANY INDIVI DUAL CONFINED 1
BY AN AGENCY; 2
(2) ACCESS ANY RECORDS M AINTAINED BY AN AGEN CY; 3
(3) PERFORM UNANNOUNCED SITE VISITS AND ON–SITE INSPECTIONS 4
OF FACILITIES MAINTA INED BY AN AGENCY ; 5
(4) RECEIVE AND RESPOND TO COMPLAINTS WITHOU T 6
INTERCEPTION , REVIEW, OR INTERFERENCE BY A N AGENCY; 7
(5) SUBPOENA ANY INDIVID UAL TO APPEAR TO GIV E SWORN 8
TESTIMONY OR PRODUCE DOCUMENTARY EVIDENCE THAT IS REASONABLY 9
NECESSARY TO CARRY O UT THE UNIT’S DUTIES; 10
(6) REVIEW ALL REPORTS O F DISCIPLINARY ACTIO NS, GRIEVANCES, 11
AND GRIEVANCE DISPOS ITIONS BY THE AGENCY ; AND 12
(7) (6) COLLABORATE WITH ANY AGENCY OR ANY UNIT O F STATE 13
GOVERNMENT TO INVEST IGATE COMPLAINTS OR ANY AL LEGED INJURY , NEGLECT, 14
OR DEATH OF AN INDIV IDUAL CONFINED BY OR UNDER THE SUPERVISIO N OF AN 15
AGENCY. 16
(E) (1) THE OFFICE MAY SUBPOENA A NY INDIVIDUAL TO APP EAR TO GIVE 17
SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 18
NECESSARY TO CARRY OU T THE OFFICE’S DUTIES. 19
(2) IF AN INDIVIDUAL FAIL S OR REFUSES TO COMP LY WITH A 20
SUBPOENA ISSUED BY T HE OFFICE, A COURT OF COMPETENT JURISDICTION, ON THE 21
APPLICATION OF THE OFFICE, MAY ISSUE AN ATTACHM ENT FOR THE INDIVIDU AL 22
AND COMPEL T HE INDIVIDUAL TO COM PLY WITH THE SUBPOEN A, APPEAR BEFORE 23
THE OFFICE, AND PRODUCE DOCUMENT ARY EVIDENCE FOR EXA MINATION AND GIVE 24
TESTIMONY. 25
(3) IF AN INDIVIDUAL DISO BEYS A SUBPOENA OR R EFUSES TO 26
TESTIFY, THE COURT MAY PUNISH THE INDIVIDUAL FOR C ONTEMPT. 27
(E) (F) IN PERFORMING THE DUT IES ASSIGNED UNDER T HIS SUBTITLE, 28
THE UNIT OFFICE AND THE OFFICE OF THE ATTORNEY GENERAL SHALL TREAT ALL 29
COMPLAINTS AS CONFID ENTIAL AND MAY REVEA L THE DETAILS OF ANY 30
COMPLAINTS ONLY IF I T IS: 31
(1) NECESSARY TO CARRY O UT THE UNIT’S OFFICE’S DUTIES; AND 32
10 HOUSE BILL 297
(2) DONE IN ACCORDANCE W ITH APPLICABLE STATE AND FEDERAL 1
LAW. 2
6–905. 9–3805. 3
(A) WITHIN 30 DAYS AFTER COMPLETIN G AN INVESTIGATION , THE UNIT 4
OFFICE SHALL SUBMIT TO AN A GENCY A REPORT CONTA INING ANY CONCLUSIONS , 5
RECOMMENDATIONS , AND REQUESTS FOR A R ESPONSE FROM THE AGE NCY. 6
(B) IF THE REPORT SUBMITT ED TO AN AGENCY UNDE R THIS SECTION 7
CONTAINS A REQUEST F OR A RESPONSE FROM T HE AGENCY, THE AGENCY SHALL 8
PROVIDE A WRITTEN RE SPONSE WITHIN 30 45 DAYS AFTER RECEIPT OF THE 9
REPORT. 10
(C) THE UNIT OFFICE MAY PROVIDE THE REPO RT REQUIRED BY THIS 11
SECTION, AS WELL AS ANY RESPO NSES BY THE AGENCY , TO THE GOVERNOR OR , IN 12
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 13
6–906. 9–3806. 14
(A) ON OR BEFORE DECEMBER 31 EACH YEAR, THE UNIT OFFICE SHALL 15
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, 16
THE GENERAL ASSEMBLY ON: 17
(1) INVESTIGATIONS CONDU CTED BY THE UNIT OFFICE; 18
(2) ANY ACTIONS TAKEN BY AN AGENCY AS A RESUL T OF THE 19
CONCLUSIONS OR RECOM MENDATIONS OF THE UNIT OFFICE; 20
(3) ANY INSTANCE WHERE A N AGENCY REJECTS A R ECOMMENDATION 21
OR CONCLUSION OF THE UNIT OFFICE; AND 22
(4) INFORMATION ON ANY D EATH OF AN INDIVIDUA L CONFINED BY OR 23
UNDER THE CARE OF AN AGENCY. 24
(B) IN ADDITION TO THE RE PORT REQUIRED BY SUB SECTION (A) OF THIS 25
SECTION, THE UNIT OFFICE SHALL PROVIDE TO THE GOVERNOR AND , IN 26
ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE GENERAL ASSEMBLY ANY 27
OTHER REPORTS THAT T HE GOVERNOR OR THE GENERAL ASSEMBLY MAY REQUIRE . 28
(C) A REPORT PREPARED UNDE R THIS SECTION SHALL BE PUBLISHED ON 29
THE UNIT’S OFFICE’S WEBSITE. 30
6–907. 9–3807. 31 HOUSE BILL 297 11
(A) IN THIS SECTION, “BOARD” MEANS THE CORRECTIONAL OMBUDSMAN 1
ADVISORY BOARD. 2
(B) THERE IS A CORRECTIONAL OMBUDSMAN ADVISORY BOARD. 3
(C) THE PURPOSE OF THE BOARD IS TO PROVIDE I NFORMATION TO THE 4
UNIT AND ASSIST THE UNIT IN IDENTIFYING A PPROPRIATE MATTERS T O 5
INVESTIGATE. 6
(C) THE PURPOSES OF THE BOARD ARE TO: 7
(1) PROVIDE INFORMATION TO THE OFFICE; AND 8
(2) ASSIST THE OFFICE IN: 9
(I) IDENTIFYING APPROPRI ATE MATTERS TO INVES TIGATE; 10
AND 11
(II) DEVELOPING PROCESSES BY WHICH COMPLAINTS ARE 12
SUBMITTED, REVIEWED, INVESTIGATED , AND RESOLVED . 13
(D) THE BOARD SHALL CONSIST O F 10 12 MEMBERS APPO INTED BY THE 14
ATTORNEY GENERAL GOVERNOR. 15
(E) TO THE EXTENT PRACTIC ABLE, THE ATTORNEY GENERAL GOVERNOR 16
SHALL ENSURE THAT TH E MEMBERSHIP OF THE BOARD INCLUDES 17
REPRESENTATIVES OF : 18
(1) FAMILY MEMBERS OF CO NFINED INDIVIDUALS ; 19
(2) RETURNING CITIZENS ; 20
(3) NONSUPERVISORY CORRE CTIONAL OFFICERS ; 21
(4) MEMBERS OF THE PUBLI C WITH A DEMONSTRATE D INTEREST IN 22
CORRECTIONS ; AND 23
(5) INDIVIDUALS WITH BAC KGROUNDS IN HEALTH C ARE AND SOCIAL 24
WORK.; 25
(6) INDIVIDUALS WITH BAC KGROUNDS IN MENTAL H EALTH CARE AND 26
SUBSTANCE USE DISORD ER TREATMENT ; AND 27
12 HOUSE BILL 297
(7) AT LEAST TWO INDIVID UALS WITH EXPERIENCE MANAGING A 1
LARGE GOVERNMENT AGE NCY. 2
(F) (1) THE BOARD MAY NOT INCLUDE MORE THAN THREE MEMB ERS 3
WHO ARE CURRENT OR F ORMER EMPLOYEES OF T HE DEPARTMENT OF PUBLIC 4
SAFETY AND CORRECTIONAL SERVICES. 5
(2) NO MEMBER OF THE BOARD MAY BE CURRENTL Y EMPLOYED BY 6
THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES IN A 7
SUPERVISORY CAPACITY . 8
(G) A MEMBER OF THE BOARD SERVES AT THE P LEASURE OF THE 9
GOVERNOR. 10
(F) (H) THE UNIT OFFICE SHALL PROVIDE STAFF FOR THE BOARD. 11
9–3808. 12
(A) THE OFFICE SHALL REVIEW P OTENTIAL FEDERAL FUN DING SOURCES , 13
INCLUDING GRANTS OFF ERED UNDER THE JUSTICE REINVESTMENT INITIATIVE 14
AND THE SECOND CHANCE ACT. 15
(B) THE OFFICE MAY APPLY FOR RELEVANT FUNDING SOURCES . 16
9–3809. RESERVED. 17
9–3810. RESERVED. 18
Part II. Juvenile Justice Monitoring Unit. 19
9–3811. 20
(a) In this [subtitle] PART the following words have the meanings indicated. 21
(b) “Department” means the Department of Juvenile Services. 22
(c) “Disciplinary action” means any punitive action against a child that results in 23
more security, additional obligations, or less personal freedom. 24
(d) “Deputy Director” means the Deputy Director of the Division of Children and 25
Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services. 26
(e) “Facility” means: 27
(1) a residential facility operated by the Department; 28 HOUSE BILL 297 13
(2) a residential facility owned by the Department but privately operated; 1
and 2
(3) a residential facility licensed by the Department. 3
(f) (1) “Grievance” means a complaint made by a child or on behalf of a child 4
due to a circumstance or an action considered to be unjust. 5
(2) “Grievance” does not include an employee grievance, disciplinary 6
appeal, or complaint. 7
(g) “Juvenile justice monitor” means an individual employed by the Office of the 8
[Attorney General] CORRECTIONAL OMBUDSMAN to determine whether the needs of 9
children under the jurisdiction of the Department are being met in compliance with State 10
law, that their rights are being upheld, and that they are not being abused. 11
(h) “Secretary” means the Secretary of Juvenile Services. 12
(i) “Unit” means the Juvenile Justice Monitoring Unit of the Office [of the 13
Attorney General]. 14
9–3812. 15
(a) There is a Juvenile Justice Monitoring Unit of the Office of the [Attorney 16
General] CORRECTIONAL OMBUDSMAN . 17
(b) The function of the Unit is to investigate and determine whether the needs of 18
children under the jurisdiction of the Department of Juvenile Services are being met in 19
compliance with State law, that their rights are being upheld, and that they are not being 20
abused. 21
9–3813. 22
(a) The Unit shall include: 23
(1) a full–time Director of Juvenile Justice Monitoring; and 24
(2) staff, including juvenile justice monitors, as provided in the State 25
budget. 26
(b) Salaries of the Director and juvenile justice monitors and expenses for rent, 27
equipment, supplies, and general operating expenses necessary for the work of the Unit 28
shall be as provided in the State budget. 29
14 HOUSE BILL 297
(c) In cooperation with the Secretary of Budget and Management, the [Attorney 1
General] CORRECTIONAL OMBUDSMAN shall set minimum salaries, qualifications, and 2
standards of training and experience for positions with the Unit. 3
9–3814. 4
The Unit shall: 5
(1) evaluate at each facility: 6
(i) the child advocacy grievance process; 7
(ii) the Department’s monitoring process; 8
(iii) the treatment of and services to youth; 9
(iv) the physical conditions of the facility; and 10
(v) the adequacy of staffing; 11
(2) review all reports of disciplinary actions, grievances, and grievance 12
dispositions received from each facility and alterations in the status or placement of a child 13
that result in more security, additional obligations, or less personal freedom; 14
(3) receive copies of the grievances submitted to the Department; 15
(4) perform unannounced site visits and on–site inspections of facilities; 16
(5) receive and review all incident reports submitted to the Department 17
from facilities; 18
(6) receive reports of the findings of child protective services investigations 19
of allegations of abuse or neglect of a child in a facility; 20
(7) ensure that each facility is in compliance with the regulations 21
applicable to residential facilities; 22
(8) monitor the implementation of educational programs at each 23
residential facility; 24
(9) collaborate with the Department, the Department of Human Services, 25
the Maryland Department of Health, and the Division of Children and Youth of the 26
Governor’s Office of Crime Prevention, Youth, and Victim Services in all matters related to 27
the licensing and monitoring of children’s residential facilities; and 28
(10) have a representative available to attend meetings of the advisory 29
boards established under § 9–230 of the Human Services Article and meetings of the 30 HOUSE BILL 297 15
Juvenile Services Education Board established under § 9–502 of the Human Services 1
Article. 2
9–3815. 3
(A) The Unit may: 4
(1) review relevant laws, policies, procedures, and juvenile justice records, 5
including records relating to individual youth; 6
(2) on request, conduct interviews with staff, youth, and others; 7
(3) review investigative reports produced by the Department relating to 8
youth in facilities; and 9
(4) participate, within the context of the local department of social services’ 10
multidisciplinary team process, in a child protective services investigation conducted under 11
Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect 12
within any assigned facility. 13
(B) (1) THE UNIT MAY SUBPOENA ANY INDIVIDUAL TO APPEAR TO GIVE 14
SWORN TESTIMONY OR P RODUCE DOCUMENTARY E VIDENCE THAT IS REAS ONABLY 15
NECESSARY TO CARRY O UT THE UNIT’S DUTIES. 16
(2) IF AN INDIVIDUAL FAIL S OR REFUSES TO COMP LY WITH A 17
SUBPOENA ISSUED BY T HE UNIT, A COURT OF COMPETENT JURISDICTION, ON THE 18
APPLICATION OF THE UNIT, MAY ISSUE AN ATTACHM ENT FOR THE INDIVIDU AL AND 19
COMPEL THE INDIVIDUA L TO COMPLY WITH THE SUBPOENA , AND APPEAR BEFORE 20
THE UNIT AND PRODUCE DOCU MENTARY EVIDENCE FOR EXAMINATION AND GIVE 21
TESTIMONY. 22
(3) IF AN INDIVIDUAL DISO BEYS A SUBPOENA OR R EFUSES TO 23
TESTIFY, THE COURT MAY PUNISH THE INDIVIDUAL FOR C ONTEMPT. 24
9–3816. 25
(a) The Unit shall report in a timely manner to the Deputy Director, the 26
Secretary, and, in accordance with § 2–1257 of this article, the Speaker of the House of 27
Delegates and the President of the Senate: 28
(1) knowledge of any problem regarding the care, supervision, and 29
treatment of children in facilities; 30
(2) findings, actions, and recommendations, related to the investigations of 31
disciplinary actions, grievances, incident reports, and alleged cases of child abuse and 32
neglect; and 33 16 HOUSE BILL 297
(3) all other findings and actions related to the monitoring required under 1
this subtitle. 2
Article – State Personnel and Pensions 3
5–305. 4
Subject to the limitations of § 5–306 of this subtitle, a supervisor, appointing 5
authority, or the head of a principal unit may not take or refuse to take any personnel 6
action as a reprisal against: 7
(1) an employee who discloses information that the employee reasonably 8
believes evidences: 9
(i) an abuse of authority, gross mismanagement, or gross waste of 10
money; 11
(ii) a substantial and specific danger to public health or safety; or 12
(iii) a violation of law; 13
(2) an employee of the Department of Juvenile Services who discloses 14
information to the Director of Juvenile Justice Monitoring or staff of the OFFICE OF THE 15
CORRECTIONAL OMBUDSMAN, INCLUDING THE Juvenile Justice Monitoring Unit 16
relating to the Unit’s duties under § 6–404(1) § 9–3814 of the State Government Article; 17
[or] 18
(3) AN EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY AND 19
CORRECTIONAL SERVICES WHO DISCLOSE S INFORMATION TO THE CORRECTIONAL 20
OMBUDSMAN OR STAFF OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN UNIT 21
RELATING TO THE UNIT’S OFFICE’S DUTIES UNDER § 6–904 § 9–3804 OF THE STATE 22
GOVERNMENT ARTICLE; OR 23
[(3)] (4) an employee who, following a disclosure under item [(1) or] (1), 24
(2), OR (3) of this section, seeks a remedy provided under this subtitle or any other law or 25
policy governing the employee’s unit. 26
SECTION 3. AND BE IT FURTHER ENACTED, That the Governor shall transfer 27
four positions and $603,067 in general funds for the Juvenile Justice Monitoring Unit as of 28
July 1, 2024, from C81C00.12 Office of the Attorney General – Juvenile Justice Monitoring 29
Unit to the Office of the Correctional Ombudsman established under Section 2 of this Act. 30
SECTION 2. 4. AND BE IT FURTHER ENACTED, That it is the intent of the 31
General Assembly that the Governor shall include in the State budget for fiscal year 2025 32
and each subsequent fiscal year an appropriation in an amount sufficient to fund the 33 HOUSE BILL 297 17
provisions of this Act and to provide for at least two staff members of the Office of the 1
Correctional Ombudsman Unit in 2025 and at least seven staff members of the Unit Office 2
in 2026 and each subsequent fiscal year. 3
SECTION 3. 5. AND BE IT FURTHER ENACTED, That on or before December 31, 4
2024, the Office of the Correctional Ombudsman Unit and the Commission on Correctional 5
Standards shall submit a joint report to the Governor and, in accordance with § 2–1257 of 6
the State Government Article, the General Assembly detailing how the Office Correctional 7
Ombudsman Unit and the Commission will coordinate in order to avoid overlap in their 8
duties. 9
SECTION 4. 6. AND BE IT FURTHER ENACTED, That on or before December 31, 10
2024, the Mediation and Conflict Resolution Office shall report to the Office of the 11
Correctional Ombudsman Unit, the Governor, and, in accordance with § 2–1257 of the State 12
Government Article, the General Assembly on best practices for mediating grievances in 13
the corrections system. 14
SECTION 5. 7. AND BE IT FURTHER ENACTED, That it is the intent of the 15
General Assembly that, in its first year of operation, the Office of the Correctional 16
Ombudsman Unit focus its activities primarily on those State correctional facilities located 17
in the area of Jessup, Maryland. 18
SECTION 6. 8. AND BE IT FURTHER ENACTED, That it is the intent of the 19
General Assembly that, in its first year of operation, the Office of the Correctional 20
Ombudsman Unit conduct an audit of programming and services provided by the Division 21
of Corrections since fiscal year 2019. This audit shall include, among other things, an 22
examination of: 23
(1) rates of participation by incarcerated individuals in: 24
(i) educational and vocational training; 25
(ii) evidence–based behavioral health and substance abuse use 26
disorder counseling; and 27
(iii) mentoring and reentry programs; and 28
(2) any obstacles to participation by incarcerated individuals in programs 29
provided by the Division. 30
SECTION 7. 9. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
July 1, 2024. 32