Maryland 2025 Regular Session

Maryland House Bill HB289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0289
6	6
7	7	HOUSE BILL 289
8	8	E5 5lr1174
9	9	HB 1405/24 – JUD (PRE–FILED)
10	10	By: Delegate Metzgar
11	11	Requested: October 10, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Department of Public Safety and Correctional Services – Incarcerated 2
20	20	Individual Apprenticeship Program 3
21	21
22	22	FOR the purpose of requiring the Department of Public Safety and Correctional Services 4
23	23	to develop and offer an apprenticeship program in skilled trades for incarcerated 5
24	24	individuals; and generally relating to an incarcerated individual apprenticeship 6
25	25	program and the employment of incarcerated individuals. 7
26	26
27	27	BY adding to 8
28	28	Article – Correctional Services 9
29	29	Section 3–901 through 3–908 to be under the new subtitle “Subtitle 9. Incarcerated 10
30	30	Individual Apprenticeship Program” 11
31	31	Annotated Code of Maryland 12
32	32	(2017 Replacement Volume and 2024 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Correctional Services 16
38	38
39	39	SUBTITLE 9. INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM. 17
40	40
41	41	3–901. 18
42	42
43	43	IN THIS SUBTITLE , “APPRENTICESHIP PROGRAM” MEANS THE 19
44	44	INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM. 20
45	45
46	46	3–902. 21
47	47	2 HOUSE BILL 289
48	48
49	49
50	50	(A) THERE IS AN INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM 1
51	51	IN THE DEPARTMENT . 2
52	52
53	53	(B) THE APPRENTICESHIP PROGRAM IS AN INDEPEN DENT PROGRAM THAT 3
54	54	IS SEPARATE FROM MARYLAND CORRECTIONAL ENTERPRISES UNDER SUBTITLE 5 4
55	55	OF THIS TITLE. 5
56	56
57	57	3–903. 6
58	58
59	59	(A) THE DEPARTMENT SHALL DEVE LOP AN APPRENTICESHIP PROGRAM TO 7
60	60	PROVIDE INCARCERATED INDIVIDUALS THE OPPO RTUNITY TO SERVE AS A PAID 8
61	61	APPRENTICE IN AN AGE NCY OR A UNIT OF STATE OR LOCAL GOVERN MENT OR WITH 9
62	62	A PRIVATE ENTITY . 10
63	63
64	64	(B) THE APPRENTICESHIP PROGRAM SHALL PRIORITIZE EMP LOYMENT IN 11
65	65	SKILLED TRADES WITH THE PURPOSE OF ASSIS TING INCARCERATED IN DIVIDUALS 12
66	66	TO DEVELOP MARKETABL E JOB SKILLS AND TO PROVIDE INCARCERATED 13
67	67	INDIVIDUALS WITH THE OPPORTUNITY TO EARN MONEY THAT CAN BE US ED ONCE 14
68	68	THE INCARCERATED IND IVIDUAL IS RELEASED FROM INCARCERATION . 15
69	69
70	70	(C) EMPLOYERS PARTICIPATI NG IN THE APPRENTICESHIP PROGRAM MAY 16
71	71	INCLUDE AN AGENCY OR A UNIT OF STATE OR LOCAL GOVERN MENT AND PRIVATE 17
72	72	ENTITIES. 18
73	73
74	74	(D) (1) THE DEPARTMENT SHALL MAKE ASSIGNMENTS FOR 19
75	75	APPRENTICESHIP PROGRAM PAR TICIPANTS TO ELIGIBL E EMPLOYERS WHO ARE 20
76	76	PARTICIPATING IN THE APPRENTICESHIP PROGRAM. 21
77	77
78	78	(2) AN EMPLOYER MAY REJEC T THE DEPARTMENT ’S PROPOSED 22
79	79	ASSIGNMENT OR CEASE PARTICIPATION IN THE APPRENTICESHIP PROGRAM AT ANY 23
80	80	TIME. 24
81	81
82	82	3–904. 25
83	83
84	84	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AN EMPLOYER WHO IS 26
85	85	A PARTICIPANT IN THE APPRENTICESHIP PROGRAM SHALL DETERMI NE THE WAGE 27
86	86	PAID TO AN INCARCERA TED INDIVIDUAL . 28
87	87
88	88	(B) A PERSON THAT EMPLOYS AN INCARCERATED INDI VIDUAL UNDER THIS 29
89	89	SECTION SHALL PAY A COMPENSATION RATE OF NOT LESS THAN THE STATE 30
90	90	MINIMUM WAGE UNDER § 3–413(C) OF THE LABOR AND EMPLOYMENT ARTICLE. 31
91	91
92	92	(C) AN EMPLOYER WHO IS AN APPRENTICESHIP PROGRAM PARTICIPANT 32 HOUSE BILL 289 3
93	93
94	94
95	95	SHALL PAY TO THE DEPARTMENT THE AMOUNT AGREED ON WITH THE 1
96	96	DEPARTMENT , AS PART OF THE AGREE MENT FOR THE APPRENTICESHIP PROGRAM, 2
97	97	FOR EACH DAY THAT AN INCARCERATED INDIVID UAL IS EMPLOYED AS P ART OF THE 3
98	98	APPRENTICESHIP PROGRAM. 4
99	99
100	100	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5
101	101	FROM THE PAYMENTS MA DE UNDER SUBSECTION (C) OF THIS SECTION , THE 6
102	102	DEPARTMENT SHALL CREDIT THE AMO UNT HELD TO THE ACCO UNT OF THE 7
103	103	INCARCERATED INDIVID UAL UNDER § 3–609 OF THIS TITLE, AS DETERMINED BY THE 8
104	104	DEPARTMENT . 9
105	105
106	106	(2) IF THE DEPARTMENT FINDS THAT THE SPOUSE, CHILD, OR OTHER 10
107	107	DEPENDENT OF AN INCA RCERATED INDIVIDUAL NEEDS FINANCIA L SUPPORT, THE 11
108	108	DEPARTMENT MAY PAY AL L OR PART OF THE PAY MENTS MADE UNDER SUB SECTION 12
109	109	(C) OF THIS SECTION, AS THE DEPARTMENT CONSIDERS PROPER, TO THE SPOUSE , 13
110	110	CHILD, OR DEPENDENT . 14
111	111
112	112	3–905. 15
113	113
114	114	(A) THE DIVISION OF CORRECTION SHALL PROV IDE, OR MAKE 16
115	115	ARRANGEMENTS TH AT IT CONSIDERS TO B E ADEQUATE AND PROPE R TO PROVIDE, 17
116	116	FOR THE GUARDING , TRANSPORTING , LODGING, FEEDING, CLOTHING, AND MEDICAL 18
117	117	AND OTHER CARE OF AN INCARCERATED INDIVID UAL WHILE THE INCARC ERATED 19
118	118	INDIVIDUAL IS PARTIC IPATING IN THE APPRENTICESHIP PROGRAM. 20
119	119
120	120	(B) (1) FOR AN INCARCERATED I NDIVIDUAL ASSIGNED T O AN AGENCY OR 21
121	121	A UNIT OF STATE GOVERNMENT AS A PARTICIPANT IN THE APPRENTICESHIP 22
122	122	PROGRAM, THE STATE SHALL PAY THE E XPENSES INCURRED UND ER SUBSECTION 23
123	123	(A) OF THIS SECTION. 24
124	124
125	125	(2) FOR AN INCARCERATED I NDIVIDUAL ASSIGNED TO A MUNICI PAL 25
126	126	CORPORATION , COUNTY, OR PRIVATE ENTITY AS A PARTICIPANT IN THE 26
127	127	APPRENTICESHIP PROGRAM, THE MUNICIPAL CORPOR ATION, COUNTY, OR PRIVATE 27
128	128	ENTITY SHALL PAY THE EXPENSES INCURRED UN DER SUBSECTION (A) OF THIS 28
129	129	SECTION UNDER ARRANG EMENTS MADE WITH OR SATISFACTORY TO THE 29
130	130	DEPARTMENT . 30
131	131
132	132	3–906. 31
133	133
134	134	AN INCARCERATED INDIV IDUAL PARTICIPATING IN THE APPRENTICESHIP 32
135	135	PROGRAM IS ENTITLED T O THE SAME DEDUCTION S OR ALLOWANCES FOR GOOD 33
136	136	BEHAVIOR, OBSERVANCE OF DISCIP LINE AND RULES , AND DILIGENT AND FAI THFUL 34
137	137	LABOR AND IS SUBJECT TO THE SAME FORFEITURES OR PUNISHMENTS FOR B AD 35 4 HOUSE BILL 289
138	138
139	139
140	140	BEHAVIOR AND OTHER V IOLATIONS THAT OTHER WISE APPLY TO INCARC ERATED 1
141	141	INDIVIDUALS UNDER TH E LAWS OF THE STATE. 2
142	142
143	143	3–907. 3
144	144
145	145	IF AN INCARCERATED IN DIVIDUAL SUCCESSFULL Y COMPLETES THE 4
146	146	APPRENTICESHIP PROGRAM, WITHIN 30 DAYS AFTER THE SCHEDULED RELEAS E OF 5
147	147	THE INCARCERATED IND IVIDUAL, THE DEPARTMENT SHALL PROV IDE THE 6
148	148	INCARCERATED INDIVID UAL WITH A CERTIFICA TE DEMONSTRATING THE 7
149	149	INCARCERATED INDIVID UAL’S SUCCESSFUL COMPLET ION OF THE APPRENTICESHIP 8
150	150	PROGRAM. 9
151	151
152	152	3–908. 10
153	153
154	154	THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THE 11
155	155	PROVISIONS OF THIS S UBTITLE. 12
156	156
157	157	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
158	158	October 1, 2025. 14
159	159