MD
Maryland Senate Bill SB1017

Maryland 2024 Regular Session

Maryland Senate Bill SB1017 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb1017*
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77 SENATE BILL 1017
88 E5, C8 4lr1914
99
1010 By: Senator A. Washington
1111 Introduced and read first time: February 2, 2024
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Correctional Services – Maryland Correctional Enterprises – Formerly 2
1919 Incarcerated Individuals 3
2020
2121 FOR the purpose of requiring Maryland Correctional Enterprises to develop employment 4
2222 plans for incarcerated individuals within a certain amount of time of release on 5
2323 parole or mandatory supervision; requiring the Commissioner of Correction and 6
2424 Chief Executive Officer of Maryland Correctional Enterprises to enter into a certain 7
2525 memorandum of understanding; requiring the Maryland Correctional Enterprises 8
2626 Management Council to review certain requirements of Maryland Correctional 9
2727 Enterprises; requiring the Division of Parole and Probation to report certain 10
2828 information to the General Assembly; establishing certain procedures for appointing 11
2929 formerly incarcerated individuals to certain State positions; and generally relating 12
3030 to the Maryland Correctional Enterprises and formerly incarcerated individuals. 13
3131
3232 BY repealing and reenacting, with amendments, 14
3333 Article – Correctional Services 15
3434 Section 3–502, 3–513, and 3–521(c) 16
3535 Annotated Code of Maryland 17
3636 (2017 Replacement Volume and 2023 Supplement) 18
3737 (As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 19
3838
3939 BY repealing and reenacting, without amendments, 20
4040 Article – Correctional Services 21
4141 Section 3–517 22
4242 Annotated Code of Maryland 23
4343 (2017 Replacement Volume and 2023 Supplement) 24
4444
4545 BY adding to 25
4646 Article – Correctional Services 26
4747 Section 6–123 27
4848 Annotated Code of Maryland 28 2 SENATE BILL 1017
4949
5050
5151 (2017 Replacement Volume and 2023 Supplement) 1
5252
5353 BY repealing and reenacting, with amendments, 2
5454 Article – State Personnel and Pensions 3
5555 Section 7–203(a) 4
5656 Annotated Code of Maryland 5
5757 (2015 Replacement Volume and 2023 Supplement) 6
5858
5959 BY adding to 7
6060 Article – State Personnel and Pensions 8
6161 Section 7–203(c) 9
6262 Annotated Code of Maryland 10
6363 (2015 Replacement Volume and 2023 Supplement) 11
6464
6565 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
6666 That the Laws of Maryland read as follows: 13
6767
6868 Article – Correctional Services 14
6969
7070 3–502. 15
7171
7272 The purpose of this subtitle is to establish a Maryland Correctional Enterprises 16
7373 organization in the Division that: 17
7474
7575 (1) is financially self–supporting, generates revenue for its operations and 18
7676 capital investments, and reimburses the Division at a reasonable rate for services 19
7777 exchanged between the Division and Maryland Correctional Enterprises; 20
7878
7979 (2) provides meaningful work experiences for incarcerated individuals that 21
8080 are intended to allow incarcerated individuals to improve work habits, attitudes, and skills 22
8181 for the purpose of improving the employability of the incarcerated individuals on release; 23
8282
8383 (3) seeks to develop industries that provide full–time work experience or 24
8484 rehabilitation programs for all eligible incarcerated individuals; 25
8585
8686 (4) operates correctional industries in an environment that resembles as 26
8787 closely as possible the environment of private sector business operations; 27
8888
8989 (5) CONNECTS INCARCERATED INDIVID UALS BEFORE PAROLE OR 28
9090 MANDATORY SUPERVISION WITH JOB OPPORTUNITI ES THROUGH CONSULTATION 29
9191 WITH THE MARYLAND DEPARTMENT OF LABOR, THE DIVISION OF PAROLE AND 30
9292 PROBATION, AND LOCAL WORKFORCE DEVELOPMENT BOARDS ; and 31
9393
9494 [(5)] (6) makes the Division responsible for and accountable to the 32
9595 Secretary and the Governor for the Maryland Correctional Enterprises program. 33
9696
9797 3–513. 34 SENATE BILL 1017 3
9898
9999
100100
101101 (a) In accordance with subsection (b)(1) of this section, the Commissioner and 1
102102 Chief Executive Officer shall develop programs to provide incarcerated individuals with 2
103103 occupational experience to complement personnel development plans of the State 3
104104 Department of Education and other units of State government serving incarcerated 4
105105 individuals in the Division. 5
106106
107107 (b) (1) In establishing programs required under subsection (a) of this section, 6
108108 the Commissioner and Chief Executive Officer shall consult with: 7
109109
110110 (i) the Assistant Secretary for the Division of Employment and 8
111111 Training, Maryland Department of Labor; 9
112112
113113 (ii) the Assistant State Superintendent for the Division of Career 10
114114 Technology and Adult Learning, State Department of Education; 11
115115
116116 (iii) the Commissioner of the Division of Labor and Industry, 12
117117 Maryland Department of Labor; and 13
118118
119119 (iv) the Director of the Correctional Education Program, State 14
120120 Department of Education. 15
121121
122122 (2) The individuals listed in paragraph (1) of this subsection shall provide 16
123123 appropriate assistance to the Commissioner and Chief Executive Officer in carrying out 17
124124 this section. 18
125125
126126 (3) THE PROGRAMS ESTABLISHED UNDER SUBSECTION (A) OF THIS 19
127127 SECTION SHALL INCLUDE A PLAN FOR EACH PARTICIPATING INCARCERATED 20
128128 INDIVIDUAL TO BE EMPLOYED WITHI N 60 DAYS OF THE INDIVIDU AL’S RELEASE ON 21
129129 PAROLE OR MANDATORY SUPERVISION THROUGH CONSULTATION WITH: 22
130130
131131 (I) THE LOCAL WORKFORCE DEVELOPMENT BOARD OF THE 23
132132 COUNTY WHERE THE INC ARCERATED INDIVIDUAL WILL RESIDE WHEN REL EASED 24
133133 FROM THE DIVISION; 25
134134
135135 (II) THE EXECUTIVE DIRECTOR OF THE MARYLAND 26
136136 LONGITUDINAL DATA CENTER; 27
137137
138138 (III) THE SECRETARY OF LABOR; AND 28
139139
140140 (IV) THE DIRECTOR OF THE DIVISION OF PAROLE AND 29
141141 PROBATION. 30
142142
143143 (C) (1) THE COMMISSIONER AND CHIEF EXECUTIVE OFFICER SHALL 31
144144 ENTER INTO A MEMORAN DUM OF UNDERSTANDING WITH THE LOCAL WORKFORCE 32 4 SENATE BILL 1017
145145
146146
147147 DEVELOPMENT BOARD FOR EACH COUNTY AND OTHER APPLICABLE GOVERNMENT 1
148148 AGENCIES. 2
149149
150150 (2) THE MEMORANDUM OF UND ERSTANDING SHALL PRO VIDE FOR: 3
151151
152152 (I) A PROCESS BY WHICH I NCARCERATED INDIVIDU ALS WHO 4
153153 HAVE PARTICIPATED IN MARYLAND CORRECTIONAL ENTERPRISES PROGRAMMI NG 5
154154 ARE CONNECTED WITH E MPLOYMENT OPPORTUNIT IES BEFORE RELEASE; 6
155155
156156 (II) A PLAN FOR SHARING I NFORMATION ABOUT THE 7
157157 AVAILABILITY OF RELE VANT EM PLOYMENT OPPORTUNITI ES FOR FORMERLY 8
158158 INCARCERATED INDIVID UALS WITHIN STATE AGENCIES ; AND 9
159159
160160 (III) A PLAN FOR FOLLOWING UP WITH FORMERLY 10
161161 INCARCERATED INDIVID UALS WHO HAVE PARTIC IPATED IN MARYLAND 11
162162 CORRECTION AL ENTERPRISES AFTER THE INDIVIDUAL IS RELEASED ON PAROLE OR 12
163163 MANDATORY SUPERVISION. 13
164164
165165 3–517. 14
166166
167167 There is a Maryland Correctional Enterprises Management Council in the Division. 15
168168
169169 3–521. 16
170170
171171 (c) The Management Council shall: 17
172172
173173 (1) review the success of Maryland Correctional Enterprises in: 18
174174
175175 (i) meeting the employability development needs of incarcerated 19
176176 individuals; 20
177177
178178 (II) CONNECTING FORMERLY INCARCERATE D INDIVIDUALS 21
179179 WITH FULL–TIME EMPLOYMENT OPPORTUNITIES AFTER RELEASE ; and 22
180180
181181 [(ii)] (III) coordinating work programs with other rehabilitative 23
182182 programs; 24
183183
184184 (2) solicit and review information pertaining to concerns of participating 25
185185 incarcerated individuals; and 26
186186
187187 (3) recommend changes as necessary to meet the goals and objectives of 27
188188 Maryland Correctional Enterprises. 28
189189
190190 6–123. 29
191191 SENATE BILL 1017 5
192192
193193
194194 ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 THEREAFTER , 1
195195 THE DIVISION SHALL REPORT IN ACCORDANCE WITH § 2–1257 OF THE STATE 2
196196 GOVERNMENT ARTICLE TO THE GENERAL ASSEMBLY ON THE NUMBE R OF 3
197197 FORMERLY INCARCERATE D INDIVIDUALS ON PAR OLE OR MANDATORY SUPERVISION 4
198198 DISAGGREGATED BY RAC E, AGE, AND SEX, WHO PARTICIPATED IN MARYLAND 5
199199 CORRECTIONAL ENTERPRISES PROGRAMMI NG BEFORE PAROLE OR MANDATORY 6
200200 SUPERVISION AND INDICATE WHETHER , WITHIN THE PRECEDING YEAR, THE 7
201201 INDIVIDUAL: 8
202202
203203 (1) WAS RELEASED FROM TH E DIVISION OF CORRECTIONS; 9
204204
205205 (2) HAS OBTAINED EMPLOYM ENT WITH THE STATE; 10
206206
207207 (3) HAS OBTAINED ANY OTHER FULL–TIME EMPLOYMENT ; OR 11
208208
209209 (4) HAS BEEN REARRESTED . 12
210210
211211 Article – State Personnel and Pensions 13
212212
213213 7–203. 14
214214
215215 (a) An appointing authority may select candidates for a position: 15
216216
217217 (1) from an existing list of eligible candidates; 16
218218
219219 (2) if the appointing authority decides to recruit for the position, by 17
220220 recruitment; 18
221221
222222 (3) from a special list of eligible candidates whom the Division of 19
223223 Rehabilitation Services of the Department of Education certifies as being physically 20
224224 capable and adequately trained to qualify for the position; 21
225225
226226 (4) from a list of contractual employees performing the same or similar 22
227227 duties of the position; or 23
228228
229229 (5) as provided in subsection (b) OR (C) of this section. 24
230230
231231 (C) (1) AN APPOINTING AUTHORI TY MAY SELECT A FORM ERLY 25
232232 INCARCERATED INDIVID UAL IF: 26
233233
234234 (I) THE FORMERLY INCARCE RATED INDIVIDUAL : 27
235235
236236 1. PROVIDES DOCUMENTATI ON THAT THE INDIVIDUAL 28
237237 WAS PREVIOUSLY EMPLOYED BY MARYLAND CORRECTIONAL ENTERPRISES; AND 29
238238 6 SENATE BILL 1017
239239
240240
241241 2. HAS OBTAINED A DEGREE, A CERTIFICATION , OR 1
242242 TRAINING RELEVANT TO THE POSITION; 2
243243
244244 (II) THE APPOINTING AUTHO RITY DETERMINES THAT THE 3
245245 FORMERLY INCARCERATE D INDIVIDUAL IS QUAL IFIED TO PERFORM THE DUTIES 4
246246 AND RESPONSIBILITIES OF THE POSITION; 5
247247
248248 (III) THE APPOINTING AUTHO RITY NOTIFIES THE SECRETARY IN 6
249249 WRITING THAT THE POS ITION IS TO BE FILLE D BY A FORMERLY INCA RCERATED 7
250250 INDIVIDUAL ON A NONC OMPETITIVE BASIS IN ACCORDANCE WITH THIS SUBSECTION; 8
251251 AND 9
252252
253253 (IV) THE INCARCERATED IND IVIDUAL DOES NOT HOL D A 10
254254 PERMANENT APPOINTMENT OR HAVE MANDATORY REINS TATEMENT RIGHTS TO A 11
255255 PERMANENT APPOINTMEN T. 12
256256
257257 (2) THE REQUIREMENTS OF § 7–209 OF THIS SUBTITLE DO NOT APPLY 13
258258 TO A FORMERLY INCARC ERATED INDIVIDUAL SE LECTED FOR A VACANT POSITION 14
259259 UNDER PARAGRAPH (1) OF THIS SUBSECTION . 15
260260
261261 (3) IF AN APPOINTING AUTH ORITY ELECTS TO SELE CT A FORMERLY 16
262262 INCARCERATED INDIVID UAL FOR A VACANT POSITIO N UNDER PARAGRAPH (1) OF 17
263263 THIS SUBSECTION , THE APPOINTING AUTHO RITY MAY INTERVIEW A NY FORMERLY 18
264264 INCARCERATED INDIVID UAL WHO: 19
265265
266266 (I) HAS EXPRESSED AN INTEREST TO THE APPO INTING 20
267267 AUTHORITY IN APPLYIN G FOR THE POSITION ; AND 21
268268
269269 (II) SATISFIES THE REQUIR EMENTS UNDER PARAGRA PH (1) OF 22
270270 THIS SUBSECTION . 23
271271
272272 (4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , IF 24
273273 AN APPOINTING AUTHOR ITY ELECTS TO SELECT A FORMERLY INCARCERATE D 25
274274 INDIVIDUAL FOR A VAC ANT POSITION UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 26
275275 THE APPOINTING AUTHO RITY IS NOT REQUIRED TO INTERVIEW ANY OTH ER 27
276276 QUALIFIED APPLICANTS FOR APPOINTMENT TO T HE POSITION. 28
277277
278278 (5) THIS SUBSECTION DOES NOT REQUIRE AN APPOINTING 29
279279 AUTHORITY TO SELECT A FORMERLY INCARCERA TED INDIVIDUAL FOR A VACANT 30
280280 POSITION OR PROHIBIT AN APPOINTING AUTHOR ITY FROM FILLING A V ACANT 31
281281 POSITION IN ACCORDAN CE WITH THE REQUIREM ENTS OF THIS SUBTITL E. 32
282282
283283 SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect 33
284284 October 1, 2024. 34