Maryland 2025 Regular Session

Maryland House Bill HB1198 Latest Draft

Bill / Engrossed Version Filed 03/13/2025

                             
 
EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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. 
          *hb1198*  
  
HOUSE BILL 1198 
E5   	5lr1416 
    	CF SB 632 
By: Delegates Crutchfield, Acevero, Addison, Alston, Atterbeary, Bagnall, 
Bartlett, Boyce, Charkoudian, Clippinger, Cullison, Davis, Fair, Feldmark, 
Fennell, Foley, Forbes, Guzzone, Harrison, Healey, Hill, D. Jones, Kaiser, 
Kaufman, Kerr, Lehman, R. Lewis, Lopez, Martinez, McCaskill, 
Mireku–North, Palakovich Carr, Pasteur, Patterson, Pena–Melnyk, Queen, 
Roberts, Ruff, Ruth, Sample –Hughes, Shetty, Simpson, Smith, Spiegel, 
Taveras, Taylor, Terrasa, Toles, Turner, Valderrama, Watson, Wells, 
White Holland, Wilkins, Williams, Wims, Wolek, Woods, Woorman, Young, 
and Ziegler 
Introduced and read first time: February 6, 2025 
Assigned to: Judiciary 
Committee Report: Favorable 
House action: Adopted 
Read second time: March 2, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Correctional Services – Comprehensive Rehabilitative Prerelease Services – 2 
Female Incarcerated Individuals 3 
(The Monica Cooper Prerelease Act) 4 
 
FOR the purpose of altering the required location and timeline for a certain prerelease 5 
facility for female incarcerated individuals; requiring the Commissioner of 6 
Correction to make certain services available to certain female incarcerated 7 
individuals; requiring the Department of Public Safety and Correctional Services to 8 
implement certain comprehensive rehabilitative prerelease services by a certain 9 
date; requiring the Social Work Unit within the Department to report certain 10 
information to the Governor and the General Assembly on or before a certain date; 11 
authorizing the use of certain funds for the cost of implementing comprehensive 12 
rehabilitative prerelease services up to a certain amount; requiring the Department 13 
to report certain information to certain legislative committees; and generally 14 
relating to comprehensive rehabilitative prerelease services for female incarcerated 15 
individuals.  16 
  2 	HOUSE BILL 1198  
 
 
BY repealing and reenacting, with amendments, 1 
 Article – Correctional Services 2 
Section 3–301 and 3–303 3 
 Annotated Code of Maryland 4 
 (2017 Replacement Volume and 2024 Supplement) 5 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND, 6 
That the Laws of Maryland read as follows: 7 
 
Article – Correctional Services 8 
 
3–301. 9 
 
 (a) Subject to subsection (d) of this section, the Commissioner shall operate a 10 
comprehensive rehabilitative prerelease unit for women that: 11 
 
 (1) is a separate structure in which the services specified in § 3–303(b) of 12 
this subtitle are provided; 13 
 
 (2) has security features for female incarcerated individuals who: 14 
 
 (i) present the least risk of violence; 15 
 
 (ii) present the least risk of escape; and 16 
 
 (iii) have a record of satisfactory institutional behavior; and 17 
 
 (3) matches security level on a validated gender–responsive risk measure. 18 
 
 (b) [(1) In determining where to place a prerelease unit for women, the 19 
Commissioner shall determine into which area, defined by zip codes, the largest percentage 20 
of incarcerated individuals will likely be released. 21 
 
 (2)] A prerelease unit for women shall be: 22 
 
 (1) located in [or adjacent to the zip codes identified in paragraph (1) of this 23 
subsection] BALTIMORE CITY ON A SITE THAT I S NOT LESS THAN 3 ACRES IN LAND 24 
AREA; AND 25 
 
 (2) ABLE TO ACCOMMODATE NOT FEWER THAN THE L ARGEST 26 
NUMBER OF WOMEN WHO WERE ELIGIBLE FOR PR ERELEASE STATUS IN C ALENDAR 27 
YEAR 2023 AS REPORTED BY THE DEPARTMENT IN ITS OCTOBER 2024 REPORT TO 28 
THE SENATE BUDGET AND TAXATION COMMITTEE AND THE HOUSE 29 
APPROPRIATIONS COMMITTEE. 30 
   	HOUSE BILL 1198 	3 
 
 
 (c) An incarcerated individual assigned to a prerelease unit for women may have 1 
access to the community for any purpose described in § 3–305(a) of this subtitle. 2 
 
 (d) The Department shall: 3 
 
 (1) identify a location, acquire property, and design a site plan for the 4 
prerelease unit for women on or before [June 1, 2021] DECEMBER 31, 2025; 5 
 
 (2) begin construction or renovation of the facility on or before [September 6 
1, 2021] JULY 1, 2026; and 7 
 
 (3) begin operating and providing services in the facility on or before June 8 
1, [2023] 2027. 9 
 
3–303. 10 
 
 (a) (1) In this section the following words have the meanings indicated. 11 
 
 (2) “Evidence–based programs and practices” has the meaning stated in § 12 
6–119 of this article. 13 
 
 (3) “GENDER–RESPONSIVE SERVICES ” MEANS PROGRAMS THAT 14 
RECOGNIZE AND ACCOUN T FOR THE DIFFERENCE S BETWEEN MEN AND WO MEN IN 15 
PSYCHOLOGICAL DEVELO PMENT, SOCIALIZATION, CULTURE, EXPOSURE TO 16 
TRAUMA, LIFE EXPERIEN CES, AND CRIMINOGENIC RIS KS TO SUPPORT SUCCES SFUL 17 
REENTRY, RECOVERY, AND RECIDIVISM REDUC TION. 18 
 
 (4) “Innovative programs and practices” has the meaning stated in § 6–119 19 
of this article. 20 
 
 (b) The Commissioner shall make evidence –based and gender–responsive 21 
services available to ALL female incarcerated individuals WITH PRERELEASE STAT US 22 
AND ALL FEMALE INCAR CERATED INDIVIDUALS at the prerelease unit for women 23 
required under § 3–301 of this subtitle. 24 
 
 (c) The comprehensive rehabilitative prerelease service s shall utilize  25 
evidence–based programs and practices and innovative programs and practices to: 26 
 
 (1) assist female incarcerated individuals in improving their education, 27 
upgrading vocational skills, and obtaining suitable employment through classes to earn 28 
industry certification or community college credits, workforce training, and job placement; 29 
 
 (2) provide female incarcerated individuals with the opportunity to 30 
strengthen family and community relationships through extended family leave, parenting 31 
workshops, and family reunification assistance; 32 
  4 	HOUSE BILL 1198  
 
 
 (3) provide integrative and gender–responsive services, including medical 1 
treatment, trauma–informed counseling, mental health treatment, and substance use 2 
disorder treatment to address overall health and trauma needs and help female 3 
incarcerated individuals achieve stable and productive roles in society; [and] 4 
 
 (4) develop individualized and comprehensive reentry plans involving 5 
community provider partnerships for female incarcerated individuals to reduce barriers to 6 
obtaining housing, jobs, education, health care, childcare and child welfare, transportation, 7 
legal advocacy, case management, and other needs; 8 
 
 (5) ENSURE FEMALE INCARC ERATED INDIVIDUALS A T THE 9 
PRERELEASE UNIT FOR WOMEN ARE SCREENED F OR PUBLIC HEALTH BEN EFITS 10 
ELIGIBILITY AND ASSI ST WITH PUBLIC HEALTH BENEFITS APPL ICATIONS; 11 
 
 (6) ENSURE THAT EACH FEM ALE INCARCERATED IND IVIDUAL AT THE 12 
PRERELEASE UNIT FOR WOMEN HAS SECURED ST ABLE HOUSING THAT IS 13 
REASONABLY EXPECTED TO REMAIN AVAILABLE TO THE INDIVIDUAL AN D HER 14 
DEPENDENTS FOR AT LE AST 1 YEAR AFTER RELEASE; 15 
 
 (7) ENGAGE FEMALE INCARC ERATED INDIVIDUALS I N EDUCATION , 16 
TRAINING, OR EMPLOYMENT ACTIVI TIES TO PREPARE THE INDIVIDUAL TO HAVE 17 
APPROPRIATE AND SUFF ICIENT INCOME TO LIV E INDEPENDENTLY AFTE R RELEASE; 18 
AND 19 
 
 (8) ENSURE THE INDIVIDUA L HAS PERTINENT DOCUMENTS , 20 
INCLUDING A BIRTH CE RTIFICATE, A SOCIAL SECURITY CARD , HEALTH INSURANCE 21 
INFORMATION , MEDICAL RECORDS , AND A DRIVER ’S LICENSE OR STATE 22 
IDENTIFICATION CARD AT RELEASE. 23 
 
 (D) THE COMPREHENSIVE REH ABILITATIVE SERVICES REQUIRED UNDER 24 
THIS SECTION SH ALL BE PROVIDED AT T HE PRERELEASE UNIT F OR WOMEN AND MAY 25 
NOT REQUIRE THAT A F EMALE INCARCERATED I NDIVIDUAL OBTAIN SER VICES AT: 26 
 
 (1) A DIFFERENT FACILITY FOR WOMEN ; 27 
 
 (2) A FACILITY THAT TREA TS OR HOUSES BOTH MA LE AND FEMALE 28 
INCARCERATED INDIVID UALS; OR 29 
 
 (3) A FACILITY THAT HOUS ES INCARCERATED INDI VIDUALS THAT ARE 30 
NOT ELIGIBLE FOR PRE RELEASE STATUS . 31 
 
(E) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL 32 
IMPLEMENT COMPREHENS IVE REHABILITATIVE P RERELEASE SERVICES I N 33 
ACCORDANCE WITH THIS SECTION. 34   	HOUSE BILL 1198 	5 
 
 
 
 (2) ON OR BEFORE JANUARY 1 EACH YEAR, THE SOCIAL WORK UNIT 1 
WITHIN THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN 2 
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 3 
ASSEMBLY A DETAILED O VERVIEW OF THE COMPR EHENSIVE REHABILITAT IVE 4 
PRERELEASE SERVICES PROVIDE D IN ACCORDANCE WITH THIS SECTION , 5 
INCLUDING: 6 
 
 (I) GOALS AND OUTCOMES O F THE PROGRAMS ; 7 
 
 (II) THE NUMBER OF PROGRA M PARTICIPANTS ; AND 8 
 
 (III) ANY OTHER INFORMATIO N THE DEPARTMENT BELIEVES I S 9 
RELEVANT TO EVALUATI NG THE BENEFITS AND EFFECTIVENESS OF 10 
COMPREHENSIVE REHABI LITATIVE PRERELEASE SERVICES OFFERED BY THE 11 
DEPARTMENT . 12 
 
 (F) OF THE FUNDS RECEIVED FROM THE PERFORMANCE INCENTIVE 13 
GRANT FUND ESTABLISHED IN § 9–3209 OF THE STATE GOVERNMENT ARTICLE, UP 14 
TO $500,000 MAY BE USED FOR C OSTS TO IMPLEMENT CO MPREHENSIVE 15 
REHABILITATIVE PRERE LEASE SERVICES IN AC CORDANCE WITH THIS S ECTION.  16 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That on or before June 1, 2026, the 17 
Department of Public Safety and Correctional Services shall provide an update on the 18 
progress of construction of the Prerelease Unit for Women to the Senate Judicial 19 
Proceedings Committee and the House Judiciary Committee, in accordance with § 2–1257 20 
of the State Government Article. 21 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this A ct shall take effect July 22 
1, 2025. 23 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.