EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1017*
SENATE BILL 1017
E5, C8 4lr1914
By: Senator A. Washington
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Maryland Correctional Enterprises – Formerly 2
Incarcerated Individuals 3
FOR the purpose of requiring Maryland Correctional Enterprises to develop employment 4
plans for incarcerated individuals within a certain amount of time of release on 5
parole or mandatory supervision; requiring the Commissioner of Correction and 6
Chief Executive Officer of Maryland Correctional Enterprises to enter into a certain 7
memorandum of understanding; requiring the Maryland Correctional Enterprises 8
Management Council to review certain requirements of Maryland Correctional 9
Enterprises; requiring the Division of Parole and Probation to report certain 10
information to the General Assembly; establishing certain procedures for appointing 11
formerly incarcerated individuals to certain State positions; and generally relating 12
to the Maryland Correctional Enterprises and formerly incarcerated individuals. 13
BY repealing and reenacting, with amendments, 14
Article – Correctional Services 15
Section 3–502, 3–513, and 3–521(c) 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2023 Supplement) 18
(As enacted by Chapter 721 of the Acts of the General Assembly of 2023) 19
BY repealing and reenacting, without amendments, 20
Article – Correctional Services 21
Section 3–517 22
Annotated Code of Maryland 23
(2017 Replacement Volume and 2023 Supplement) 24
BY adding to 25
Article – Correctional Services 26
Section 6–123 27
Annotated Code of Maryland 28 2 SENATE BILL 1017
(2017 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – State Personnel and Pensions 3
Section 7–203(a) 4
Annotated Code of Maryland 5
(2015 Replacement Volume and 2023 Supplement) 6
BY adding to 7
Article – State Personnel and Pensions 8
Section 7–203(c) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2023 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Correctional Services 14
3–502. 15
The purpose of this subtitle is to establish a Maryland Correctional Enterprises 16
organization in the Division that: 17
(1) is financially self–supporting, generates revenue for its operations and 18
capital investments, and reimburses the Division at a reasonable rate for services 19
exchanged between the Division and Maryland Correctional Enterprises; 20
(2) provides meaningful work experiences for incarcerated individuals that 21
are intended to allow incarcerated individuals to improve work habits, attitudes, and skills 22
for the purpose of improving the employability of the incarcerated individuals on release; 23
(3) seeks to develop industries that provide full–time work experience or 24
rehabilitation programs for all eligible incarcerated individuals; 25
(4) operates correctional industries in an environment that resembles as 26
closely as possible the environment of private sector business operations; 27
(5) CONNECTS INCARCERATED INDIVID UALS BEFORE PAROLE OR 28
MANDATORY SUPERVISION WITH JOB OPPORTUNITI ES THROUGH CONSULTATION 29
WITH THE MARYLAND DEPARTMENT OF LABOR, THE DIVISION OF PAROLE AND 30
PROBATION, AND LOCAL WORKFORCE DEVELOPMENT BOARDS ; and 31
[(5)] (6) makes the Division responsible for and accountable to the 32
Secretary and the Governor for the Maryland Correctional Enterprises program. 33
3–513. 34 SENATE BILL 1017 3
(a) In accordance with subsection (b)(1) of this section, the Commissioner and 1
Chief Executive Officer shall develop programs to provide incarcerated individuals with 2
occupational experience to complement personnel development plans of the State 3
Department of Education and other units of State government serving incarcerated 4
individuals in the Division. 5
(b) (1) In establishing programs required under subsection (a) of this section, 6
the Commissioner and Chief Executive Officer shall consult with: 7
(i) the Assistant Secretary for the Division of Employment and 8
Training, Maryland Department of Labor; 9
(ii) the Assistant State Superintendent for the Division of Career 10
Technology and Adult Learning, State Department of Education; 11
(iii) the Commissioner of the Division of Labor and Industry, 12
Maryland Department of Labor; and 13
(iv) the Director of the Correctional Education Program, State 14
Department of Education. 15
(2) The individuals listed in paragraph (1) of this subsection shall provide 16
appropriate assistance to the Commissioner and Chief Executive Officer in carrying out 17
this section. 18
(3) THE PROGRAMS ESTABLISHED UNDER SUBSECTION (A) OF THIS 19
SECTION SHALL INCLUDE A PLAN FOR EACH PARTICIPATING INCARCERATED 20
INDIVIDUAL TO BE EMPLOYED WITHI N 60 DAYS OF THE INDIVIDU AL’S RELEASE ON 21
PAROLE OR MANDATORY SUPERVISION THROUGH CONSULTATION WITH: 22
(I) THE LOCAL WORKFORCE DEVELOPMENT BOARD OF THE 23
COUNTY WHERE THE INC ARCERATED INDIVIDUAL WILL RESIDE WHEN REL EASED 24
FROM THE DIVISION; 25
(II) THE EXECUTIVE DIRECTOR OF THE MARYLAND 26
LONGITUDINAL DATA CENTER; 27
(III) THE SECRETARY OF LABOR; AND 28
(IV) THE DIRECTOR OF THE DIVISION OF PAROLE AND 29
PROBATION. 30
(C) (1) THE COMMISSIONER AND CHIEF EXECUTIVE OFFICER SHALL 31
ENTER INTO A MEMORAN DUM OF UNDERSTANDING WITH THE LOCAL WORKFORCE 32 4 SENATE BILL 1017
DEVELOPMENT BOARD FOR EACH COUNTY AND OTHER APPLICABLE GOVERNMENT 1
AGENCIES. 2
(2) THE MEMORANDUM OF UND ERSTANDING SHALL PRO VIDE FOR: 3
(I) A PROCESS BY WHICH I NCARCERATED INDIVIDU ALS WHO 4
HAVE PARTICIPATED IN MARYLAND CORRECTIONAL ENTERPRISES PROGRAMMI NG 5
ARE CONNECTED WITH E MPLOYMENT OPPORTUNIT IES BEFORE RELEASE; 6
(II) A PLAN FOR SHARING I NFORMATION ABOUT THE 7
AVAILABILITY OF RELE VANT EM PLOYMENT OPPORTUNITI ES FOR FORMERLY 8
INCARCERATED INDIVID UALS WITHIN STATE AGENCIES ; AND 9
(III) A PLAN FOR FOLLOWING UP WITH FORMERLY 10
INCARCERATED INDIVID UALS WHO HAVE PARTIC IPATED IN MARYLAND 11
CORRECTION AL ENTERPRISES AFTER THE INDIVIDUAL IS RELEASED ON PAROLE OR 12
MANDATORY SUPERVISION. 13
3–517. 14
There is a Maryland Correctional Enterprises Management Council in the Division. 15
3–521. 16
(c) The Management Council shall: 17
(1) review the success of Maryland Correctional Enterprises in: 18
(i) meeting the employability development needs of incarcerated 19
individuals; 20
(II) CONNECTING FORMERLY INCARCERATE D INDIVIDUALS 21
WITH FULL–TIME EMPLOYMENT OPPORTUNITIES AFTER RELEASE ; and 22
[(ii)] (III) coordinating work programs with other rehabilitative 23
programs; 24
(2) solicit and review information pertaining to concerns of participating 25
incarcerated individuals; and 26
(3) recommend changes as necessary to meet the goals and objectives of 27
Maryland Correctional Enterprises. 28
6–123. 29
SENATE BILL 1017 5
ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 THEREAFTER , 1
THE DIVISION SHALL REPORT IN ACCORDANCE WITH § 2–1257 OF THE STATE 2
GOVERNMENT ARTICLE TO THE GENERAL ASSEMBLY ON THE NUMBE R OF 3
FORMERLY INCARCERATE D INDIVIDUALS ON PAR OLE OR MANDATORY SUPERVISION 4
DISAGGREGATED BY RAC E, AGE, AND SEX, WHO PARTICIPATED IN MARYLAND 5
CORRECTIONAL ENTERPRISES PROGRAMMI NG BEFORE PAROLE OR MANDATORY 6
SUPERVISION AND INDICATE WHETHER , WITHIN THE PRECEDING YEAR, THE 7
INDIVIDUAL: 8
(1) WAS RELEASED FROM TH E DIVISION OF CORRECTIONS; 9
(2) HAS OBTAINED EMPLOYM ENT WITH THE STATE; 10
(3) HAS OBTAINED ANY OTHER FULL–TIME EMPLOYMENT ; OR 11
(4) HAS BEEN REARRESTED . 12
Article – State Personnel and Pensions 13
7–203. 14
(a) An appointing authority may select candidates for a position: 15
(1) from an existing list of eligible candidates; 16
(2) if the appointing authority decides to recruit for the position, by 17
recruitment; 18
(3) from a special list of eligible candidates whom the Division of 19
Rehabilitation Services of the Department of Education certifies as being physically 20
capable and adequately trained to qualify for the position; 21
(4) from a list of contractual employees performing the same or similar 22
duties of the position; or 23
(5) as provided in subsection (b) OR (C) of this section. 24
(C) (1) AN APPOINTING AUTHORI TY MAY SELECT A FORM ERLY 25
INCARCERATED INDIVID UAL IF: 26
(I) THE FORMERLY INCARCE RATED INDIVIDUAL : 27
1. PROVIDES DOCUMENTATI ON THAT THE INDIVIDUAL 28
WAS PREVIOUSLY EMPLOYED BY MARYLAND CORRECTIONAL ENTERPRISES; AND 29
6 SENATE BILL 1017
2. HAS OBTAINED A DEGREE, A CERTIFICATION , OR 1
TRAINING RELEVANT TO THE POSITION; 2
(II) THE APPOINTING AUTHO RITY DETERMINES THAT THE 3
FORMERLY INCARCERATE D INDIVIDUAL IS QUAL IFIED TO PERFORM THE DUTIES 4
AND RESPONSIBILITIES OF THE POSITION; 5
(III) THE APPOINTING AUTHO RITY NOTIFIES THE SECRETARY IN 6
WRITING THAT THE POS ITION IS TO BE FILLE D BY A FORMERLY INCA RCERATED 7
INDIVIDUAL ON A NONC OMPETITIVE BASIS IN ACCORDANCE WITH THIS SUBSECTION; 8
AND 9
(IV) THE INCARCERATED IND IVIDUAL DOES NOT HOL D A 10
PERMANENT APPOINTMENT OR HAVE MANDATORY REINS TATEMENT RIGHTS TO A 11
PERMANENT APPOINTMEN T. 12
(2) THE REQUIREMENTS OF § 7–209 OF THIS SUBTITLE DO NOT APPLY 13
TO A FORMERLY INCARC ERATED INDIVIDUAL SE LECTED FOR A VACANT POSITION 14
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 15
(3) IF AN APPOINTING AUTH ORITY ELECTS TO SELE CT A FORMERLY 16
INCARCERATED INDIVID UAL FOR A VACANT POSITIO N UNDER PARAGRAPH (1) OF 17
THIS SUBSECTION , THE APPOINTING AUTHO RITY MAY INTERVIEW A NY FORMERLY 18
INCARCERATED INDIVID UAL WHO: 19
(I) HAS EXPRESSED AN INTEREST TO THE APPO INTING 20
AUTHORITY IN APPLYIN G FOR THE POSITION ; AND 21
(II) SATISFIES THE REQUIR EMENTS UNDER PARAGRA PH (1) OF 22
THIS SUBSECTION . 23
(4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , IF 24
AN APPOINTING AUTHOR ITY ELECTS TO SELECT A FORMERLY INCARCERATE D 25
INDIVIDUAL FOR A VAC ANT POSITION UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 26
THE APPOINTING AUTHO RITY IS NOT REQUIRED TO INTERVIEW ANY OTH ER 27
QUALIFIED APPLICANTS FOR APPOINTMENT TO T HE POSITION. 28
(5) THIS SUBSECTION DOES NOT REQUIRE AN APPOINTING 29
AUTHORITY TO SELECT A FORMERLY INCARCERA TED INDIVIDUAL FOR A VACANT 30
POSITION OR PROHIBIT AN APPOINTING AUTHOR ITY FROM FILLING A V ACANT 31
POSITION IN ACCORDAN CE WITH THE REQUIREM ENTS OF THIS SUBTITL E. 32
SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect 33
October 1, 2024. 34