EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 282
E5, J1 4lr0223
(PRE–FILED) CF HB 203
By: Chair, Judicial Proceedings Committee (By Request – Departmental – Office
of Crime Prevention, Youth, and Victim Services)
Requested: September 15, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Local Detention Centers – Reporting on Opioid Use 2
Disorder 3
FOR the purpose of altering a certain requirement that the Governor’s Office of Crime 4
Prevention, Youth, and Victim Services annually report to the General Assembly 5
about opioid use disorder among incarcerated individuals in local correctional 6
facilities by repealing certain reporting requirements; and generally relating to 7
opioid use disorder among incarcerated individuals in local detention centers. 8
BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 9–603 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2023 Supplement) 13
(As enacted by Section 3 of Chapter 721 of the Acts of the General Assembly of 2023) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Correctional Services 17
9–603. 18
(a) (1) Subject to paragraph (2) of this subsection, the requirements under this 19
section shall apply to: 20
(i) local detention centers in the following counties by January 1, 21
2020: 22
2 SENATE BILL 282
1. Howard County; 1
2. Montgomery County; 2
3. Prince George’s County; and 3
4. St. Mary’s County; and 4
(ii) local detention centers in six additional counties by October 1, 5
2021. 6
(2) (i) The Governor’s Office of Crime Prevention, Youth, and Victim 7
Services, the Maryland Department of Health, and the Maryland Correctional 8
Administrators Association shall evaluate the implementation of the requirements of this 9
section and determine a schedule to add additional counties, provided that the provisions 10
of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex 11
by January 2023. 12
(ii) If the Baltimore Pre–trial Complex has not fully implemented 13
the provisions of this section by January 2023, the Department of Public Safety and 14
Correctional Services shall report to the Senate Finance Committee and the House 15
Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on the 16
status and timeline of implementation. 17
(iii) Funding for the program at the Baltimore Pre–trial Complex 18
shall be as provided in the State budget. 19
(b) (1) In this section the following words have the meanings indicated. 20
(2) “Health care practitioner” means an individual who is licensed, 21
certified, or otherwise authorized to practice under the Health Occupations Article. 22
(3) “Incarcerated individual” means an individual confined within a local 23
correctional facility. 24
(4) “Medication” means a medication approved by the federal Food and 25
Drug Administration for the treatment of opioid use disorder. 26
(5) “Medication–assisted treatment” means the use of medication, in 27
combination with counseling and behavioral health therapies, to provide a holistic 28
approach to the treatment of opioid use disorder. 29
(6) “Opioid use disorder” means a medically diagnosed problematic pattern 30
of opioid use that causes significant impairment or distress. 31
(7) “Peer recovery specialist” means an individual who has been certified 32
by an entity approved by the Maryland Department of Health for the purpose of providing 33 SENATE BILL 282 3
peer support services, as defined under § 7.5–101(n) of the Health – General Article. 1
(c) An incarcerated individual in a State or local correctional facility shall be 2
placed on a properly supervised program of methadone detoxification if: 3
(1) a physician determines that the incarcerated individual is a person 4
with an opioid use disorder; 5
(2) the treatment is prescribed by a physician; and 6
(3) the incarcerated individual consents in writing to the treatment. 7
(d) (1) Each local correctional facility shall conduct an assessment of the 8
mental health and substance use status of each incarcerated individual using 9
evidence–based screenings and assessments, to determine: 10
(i) if the medical diagnosis of an opioid use disorder is appropriate; 11
and 12
(ii) if medication–assisted treatment is appropriate. 13
(2) If an assessment conducted under paragraph (1) of this subsection 14
indicates opioid use disorder, an evaluation of the incarcerated individual shall be 15
conducted by a health care practitioner with prescriptive authority authorized under Title 16
8, Title 14, or Title 15 of the Health Occupations Article. 17
(3) Information shall be provided to the incarcerated individual describing 18
medication options used in medication–assisted treatment. 19
(4) Medication–assisted treatment shall be available to an incarcerated 20
individual for whom such treatment is determined to be appropriate under this subsection. 21
(5) Each local correctional facility shall make available at least one 22
formulation of each FDA–approved full opioid agonist, partial opioid agonist, and 23
long–acting opioid antagonist used for the treatment of opioid use disorders. 24
(6) Each pregnant woman identified with an opioid use disorder shall 25
receive evaluation and be offered medication–assisted treatment as soon as practicable. 26
(e) Each local correctional facility shall: 27
(1) following an assessment using clinical guidelines for 28
medication–assisted treatment: 29
(i) make medication available by a qualified provider to the 30
incarcerated individual; or 31
4 SENATE BILL 282
(ii) begin withdrawal management services prior to administration 1
of medication; 2
(2) make available and administer medications for the treatment of opioid 3
use disorder; 4
(3) provide behavioral health counseling for incarcerated individuals 5
diagnosed with opioid use disorder consistent with therapeutic standards for such therapies 6
in a community setting; 7
(4) provide access to a health care practitioner who can provide access to 8
all FDA–approved medications for the treatment of opioid use disorders; and 9
(5) provide on–premises access to peer recovery specialists. 10
(f) If an incarcerated individual received medication or medication–assisted 11
treatment for opioid use disorder immediately preceding or during the incarcerated 12
individual’s incarceration, a local correctional facility shall continue the treatment after 13
incarceration or transfer unless: 14
(1) the incarcerated individual voluntarily discontinues the treatment, 15
verified through a written agreement that includes a signature; or 16
(2) a health care practitioner determines that the treatment is no longer 17
medically appropriate. 18
(g) Before the release of an incarcerated individual diagnosed with opioid use 19
disorder under subsection (d) of this section, a local correctional facility shall develop a plan 20
of reentry that: 21
(1) includes information regarding post incarceration access to medication 22
continuity, peer recovery specialists, other supportive therapy, and enrollment in health 23
insurance plans; 24
(2) includes any recommended referrals by a health care practitioner to 25
medication continuity, peer recovery specialists, and other supportive therapy; and 26
(3) is reviewed and, if needed, revised by a health care practitioner or peer 27
recovery specialist. 28
(h) The procedures and standards used to determine substance use disorder 29
diagnosis and treatment of incarcerated individuals are subject to the guidelines and 30
regulations adopted by the Maryland Department of Health. 31
(i) As provided in the State budget, the State shall fund the program of opioid 32
use disorder screening, evaluation, and treatment of incarcerated individuals as provided 33
under this section. 34 SENATE BILL 282 5
(j) On or before November 1, 2020, and annually thereafter, the Governor’s Office 1
of Crime Prevention, Youth, and Victim Services shall report data from individual local 2
correctional facilities to the General Assembly, in accordance with § 2–1257 of the State 3
Government Article, on: 4
(1) the number of incarcerated individuals diagnosed with: 5
(i) a mental health disorder; 6
(ii) an opioid use disorder; 7
(iii) a non–opioid substance use disorder; and 8
(iv) a dual diagnosis of mental health and substance use disorder; 9
(2) the number and cost of assessments for incarcerated individuals in local 10
correctional facilities, including the number of unique incarcerated individuals examined; 11
(3) the number of incarcerated individuals who were receiving medication 12
or medication–assisted treatment for opioid use disorder immediately prior to 13
incarceration; 14
(4) the type and prevalence of medication or medication –assisted 15
treatments for opioid use disorder provided; 16
(5) [the number of incarcerated individuals diagnosed with opioid use 17
disorder; 18
(6)] the number of incarcerated individuals for whom medication and 19
medication–assisted treatment for opioid use disorder was prescribed; 20
[(7)] (6) the number of incarcerated individuals for whom medication and 21
medication–assisted treatment was prescribed and initiated for opioid use disorder; 22
[(8) the number of medications and medication–assisted treatments for 23
opioid use disorder provided according to each type of medication and medication–assisted 24
treatment options;] 25
[(9)] (7) the number of incarcerated individuals who continued to receive 26
the same medication or medication–assisted treatment for opioid use disorder as the 27
incarcerated individual received prior to incarceration; 28
[(10)] (8) the number of incarcerated individuals who received a different 29
medication or medication–assisted treatment for opioid use disorder compared to what the 30
incarcerated individual received prior to incarceration; 31 6 SENATE BILL 282
[(11) the number of incarcerated individuals who initiated treatment with 1
medication or medication–assisted treatment for opioid use disorder who were not being 2
treated for opioid use disorder prior to incarceration;] 3
[(12)] (9) the number of incarcerated individuals who discontinued 4
medication or medication–assisted treatment for opioid use disorder during incarceration; 5
[(13)] (10) a review and summary of the percent of days, including the 6
average percent, median percent, mode percent, and interquartile range of percent, for 7
incarcerated individuals with opioid use d isorder receiving medication or 8
medication–assisted treatment for opioid use disorder as calculated overall and stratified 9
by other factors, such as type of treatment received; 10
[(14) the number of incarcerated individuals receiving medication or 11
medication–assisted treatment for opioid use disorder prior to release;] 12
[(15)] (11) the number of incarcerated individuals receiving medication or 13
medication–assisted treatment prior to release for whom the facility had made a prerelease 14
reentry plan; 15
[(16)] (12) a review and summary of practices related to medication and 16
medication–assisted treatment for opioid use disorder for incarcerated individuals with 17
opioid use disorder before October 1, 2019; 18
[(17)] (13) a review and summary of prerelease planning practices relative 19
to incarcerated individuals diagnosed with opioid use disorder prior to, and following, 20
October 1, 2019; and 21
[(18)] (14) any other information requested by the Maryland Department of 22
Health related to the administration of the provisions under this section. 23
(k) Any behavioral health assessment, evaluation, treatment recommendation, or 24
course of treatment shall be reported to the Governor’s Office of Crime Prevention, Youth, 25
and Victim Services and also include any other data necessary to meet reporting 26
requirements under this section. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2024. 29