Maryland 2025 Regular Session

Maryland House Bill HB1157 Latest Draft

Bill / Introduced Version Filed 02/06/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1157*  
  
HOUSE BILL 1157 
E5   	5lr3278 
    	CF SB 694 
By: Delegate Phillips 
Introduced and read first time: February 6, 2025 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Correctional Services – Assessment of State Correctional System 2 
 
FOR the purpose of requiring the Office of the Correctional Ombudsman to engage an 3 
independent consultant to perform a certain assessment of the State’s correctional 4 
system at a certain time; altering the items required to be included in a certain 5 
annual report of the Office; and generally relating to the State Correctional System. 6 
 
BY repealing and reenacting, without amendments, 7 
 Article – State Government 8 
Section 9–4001(a) and (e) 9 
 Annotated Code of Maryland 10 
 (2021 Replacement Volume and 2024 Supplement) 11 
 
BY repealing and reenacting, with amendments, 12 
 Article – State Government 13 
Section 9–4006 14 
 Annotated Code of Maryland 15 
 (2021 Replacement Volume and 2024 Supplement) 16 
 
BY adding to 17 
 Article – State Government 18 
Section 9–4009 19 
 Annotated Code of Maryland 20 
 (2021 Replacement Volume and 2024 Supplement) 21 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 
That the Laws of Maryland read as follows: 23 
 
Article – State Government 24 
 
9–4001. 25  2 	HOUSE BILL 1157  
 
 
 
 (a) In this subtitle the following words have the meanings indicated. 1 
 
 (e) “Office” means the Office of the Correctional Ombudsman. 2 
 
9–4006. 3 
 
 (a) On or before December 31 each year, the Office shall report to the Governor 4 
and, in accordance with § 2–1257 of this article, the General Assembly on: 5 
 
 (1) investigations conducted by the Office; 6 
 
 (2) any actions taken by an agency as a result of the conclusions or 7 
recommendations of the Office; 8 
 
 (3) any instance where an agency rejects a recommendation or conclusion 9 
of the Office; [and] 10 
 
 (4) information on any death of an individual confined by or under the care 11 
of an agency; AND 12 
 
 (5) THE STATUS OF COMPLE TION, RESULTS, AND STATUS OF 13 
IMPLEMENTATION OF RE COMMENDATIONS OF THE ASSESSMENT REQUIRED UNDER 14 
§ 9–4009 OF THIS SUBTITLE . 15 
 
 (b) In addition to the report required by subsection (a) of this section, the Office 16 
shall provide to the Governor and, in accordance with § 2–1257 of this article, the General 17 
Assembly any other reports that the Governor or the General Assembly may require. 18 
 
 (c) A report prepared under this section shall be published on the Office’s website. 19 
 
9–4009. 20 
 
 (A) ON OR BEFORE OCTOBER 1, 2026, THE OFFICE SHALL ENGAGE A N 21 
INDEPENDENT CONSULTA NT TO PERFORM A COMP REHENSIVE ASSESSMENT OF THE 22 
STATE’S CORRECTIONAL SYSTE M. 23 
 
 (B) THE ASSESSMENT REQUIR ED UNDER SUBSECTION (A) OF THIS SECTION 24 
SHALL:  25 
 
 (1) ADDRESS THE FOLLOWIN G ISSUES: 26 
 
 (I) INFRASTRUCTURE , INCLUDING: 27 
 
 1. FACILITY LAYOUT ; 28   	HOUSE BILL 1157 	3 
 
 
 
 2. CELL DESIGN; 1 
 
 3. RECREATION AND ACTIV ITY AREAS; AND 2 
 
 4. TECHNOLOGY AND SECUR ITY SYSTEMS; 3 
 
 (II) STAFFING, INCLUDING: 4 
 
 1. STAFF–TO–INCARCERATED –INDIVIDUAL RATIOS ; 5 
 
 2. TRAINING PROGRAMS ; AND 6 
 
 3. STAFFING CHALLENGES ; 7 
 
 (III) PROGRAMMING , INCLUDING: 8 
 
 1. THE EFFECTIVENESS OF CURRENT OFFERINGS ; 9 
 
 2. PROGRAM ACCESSIBILIT Y; AND 10 
 
 3. PROGRAMMING GAPS ; 11 
 
 (IV) MENTAL AND PHYSICAL HEALTH SERVICES , INCLUDING: 12 
 
 1. ACCESS TO CARE BY GE NERAL AND SPECIAL 13 
POPULATIONS ; AND 14 
 
 2. HOW MARYLAND’S CARE PRACTICES COMPARE TO 15 
NATIONAL STANDARDS ; AND 16 
 
 (V) RESTRICTIVE HOUSING , INCLUDING: 17 
 
 1. CONDITIONS; 18 
 
 2. CURRENT POLICIES REG ARDING DURATION LIMI TS, 19 
OUT–OF–CELL TIME, AND CRITERIA FOR PLA CEMENT; 20 
 
 3. COMPLIANCE WITH BEST PRACTICES; AND 21 
 
 4. ALTERNATIVES TO RESTR ICTIVE HOUSING; 22 
  4 	HOUSE BILL 1157  
 
 
 (2) REFLECT THE INPUT OF STAKEHOLDERS AND INC ARCERATED 1 
INDIVIDUALS BY MEANS OF: 2 
 
 (I) INTERVIEWS; 3 
 
 (II) SURVEYS; AND 4 
 
 (III) PUBLIC HEARINGS ; AND 5 
 
 (3) INCLUDE: 6 
 
 (I) A COST–BENEFIT ANALYSIS THA T ADDRESSES: 7 
 
 1. THE FINANCIAL IMPACT OF IMPLEMENTING 8 
REFORMS; AND 9 
 
 2. POTENTIAL COST SAVIN GS FROM REDUCED 10 
RECIDIVISM AND IMPRO VED INCARCERATED IND IVIDUAL OUTCOMES ; 11 
 
 (II) A COMPARATIVE ANALYS IS THAT: 12 
 
 1. BENCHMARKS MARYLAND’S PRACTICES WITH THO SE 13 
OF NEW YORK, NEW JERSEY, AND OTHER LEADING ST ATES TO IDENTIFY GAP S AND 14 
AREAS FOR IMPROVEMEN T; AND 15 
 
 2. IDENTIFIES BEST PRAC TICES THAT HAVE PROV EN 16 
EFFECTIVE ELSEWHERE ; AND 17 
 
 (III) RECOMMENDATIONS AND AN IMPLEMENTATION PL AN, 18 
INCLUDING: 19 
 
 1. ACTIONABLE STEPS FOR THE SHORT –, MID–, AND 20 
LONG–TERM; 21 
 
 2. A REALISTIC TIMELINE FOR IMPLEMENTATION , 22 
CONSIDERING FUNDING AND OPERATIONAL CONS TRAINTS; AND 23 
 
 3. MONITORING AND ONGOI NG EVALUATION . 24 
 
 (C) ON OR BEFORE OCTOBER 1, 2028, THE INDEPENDENT CONS ULTANT 25 
ENGAGED BY THE OFFICE UNDER SUBSECTI ON (A) OF THIS SECTION SHAL L 26 
COMPLETE THE ASSESSM ENT AND PROVIDE THE OFFICE WITH A WRITTEN REPORT 27 
OF ITS FINDINGS AND RECOMMENDATIONS . 28   	HOUSE BILL 1157 	5 
 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 
October 1, 2025. 2