EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0289*
HOUSE BILL 289
E5 5lr1174
HB 1405/24 – JUD (PRE–FILED)
By: Delegate Metzgar
Requested: October 10, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Department of Public Safety and Correctional Services – Incarcerated 2
Individual Apprenticeship Program 3
FOR the purpose of requiring the Department of Public Safety and Correctional Services 4
to develop and offer an apprenticeship program in skilled trades for incarcerated 5
individuals; and generally relating to an incarcerated individual apprenticeship 6
program and the employment of incarcerated individuals. 7
BY adding to 8
Article – Correctional Services 9
Section 3–901 through 3–908 to be under the new subtitle “Subtitle 9. Incarcerated 10
Individual Apprenticeship Program” 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Correctional Services 16
SUBTITLE 9. INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM. 17
3–901. 18
IN THIS SUBTITLE , “APPRENTICESHIP PROGRAM” MEANS THE 19
INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM. 20
3–902. 21
2 HOUSE BILL 289
(A) THERE IS AN INCARCERATED INDIVIDUAL APPRENTICESHIP PROGRAM 1
IN THE DEPARTMENT . 2
(B) THE APPRENTICESHIP PROGRAM IS AN INDEPEN DENT PROGRAM THAT 3
IS SEPARATE FROM MARYLAND CORRECTIONAL ENTERPRISES UNDER SUBTITLE 5 4
OF THIS TITLE. 5
3–903. 6
(A) THE DEPARTMENT SHALL DEVE LOP AN APPRENTICESHIP PROGRAM TO 7
PROVIDE INCARCERATED INDIVIDUALS THE OPPO RTUNITY TO SERVE AS A PAID 8
APPRENTICE IN AN AGE NCY OR A UNIT OF STATE OR LOCAL GOVERN MENT OR WITH 9
A PRIVATE ENTITY . 10
(B) THE APPRENTICESHIP PROGRAM SHALL PRIORITIZE EMP LOYMENT IN 11
SKILLED TRADES WITH THE PURPOSE OF ASSIS TING INCARCERATED IN DIVIDUALS 12
TO DEVELOP MARKETABL E JOB SKILLS AND TO PROVIDE INCARCERATED 13
INDIVIDUALS WITH THE OPPORTUNITY TO EARN MONEY THAT CAN BE US ED ONCE 14
THE INCARCERATED IND IVIDUAL IS RELEASED FROM INCARCERATION . 15
(C) EMPLOYERS PARTICIPATI NG IN THE APPRENTICESHIP PROGRAM MAY 16
INCLUDE AN AGENCY OR A UNIT OF STATE OR LOCAL GOVERN MENT AND PRIVATE 17
ENTITIES. 18
(D) (1) THE DEPARTMENT SHALL MAKE ASSIGNMENTS FOR 19
APPRENTICESHIP PROGRAM PAR TICIPANTS TO ELIGIBL E EMPLOYERS WHO ARE 20
PARTICIPATING IN THE APPRENTICESHIP PROGRAM. 21
(2) AN EMPLOYER MAY REJEC T THE DEPARTMENT ’S PROPOSED 22
ASSIGNMENT OR CEASE PARTICIPATION IN THE APPRENTICESHIP PROGRAM AT ANY 23
TIME. 24
3–904. 25
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AN EMPLOYER WHO IS 26
A PARTICIPANT IN THE APPRENTICESHIP PROGRAM SHALL DETERMI NE THE WAGE 27
PAID TO AN INCARCERA TED INDIVIDUAL . 28
(B) A PERSON THAT EMPLOYS AN INCARCERATED INDI VIDUAL UNDER THIS 29
SECTION SHALL PAY A COMPENSATION RATE OF NOT LESS THAN THE STATE 30
MINIMUM WAGE UNDER § 3–413(C) OF THE LABOR AND EMPLOYMENT ARTICLE. 31
(C) AN EMPLOYER WHO IS AN APPRENTICESHIP PROGRAM PARTICIPANT 32 HOUSE BILL 289 3
SHALL PAY TO THE DEPARTMENT THE AMOUNT AGREED ON WITH THE 1
DEPARTMENT , AS PART OF THE AGREE MENT FOR THE APPRENTICESHIP PROGRAM, 2
FOR EACH DAY THAT AN INCARCERATED INDIVID UAL IS EMPLOYED AS P ART OF THE 3
APPRENTICESHIP PROGRAM. 4
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5
FROM THE PAYMENTS MA DE UNDER SUBSECTION (C) OF THIS SECTION , THE 6
DEPARTMENT SHALL CREDIT THE AMO UNT HELD TO THE ACCO UNT OF THE 7
INCARCERATED INDIVID UAL UNDER § 3–609 OF THIS TITLE, AS DETERMINED BY THE 8
DEPARTMENT . 9
(2) IF THE DEPARTMENT FINDS THAT THE SPOUSE, CHILD, OR OTHER 10
DEPENDENT OF AN INCA RCERATED INDIVIDUAL NEEDS FINANCIA L SUPPORT, THE 11
DEPARTMENT MAY PAY AL L OR PART OF THE PAY MENTS MADE UNDER SUB SECTION 12
(C) OF THIS SECTION, AS THE DEPARTMENT CONSIDERS PROPER, TO THE SPOUSE , 13
CHILD, OR DEPENDENT . 14
3–905. 15
(A) THE DIVISION OF CORRECTION SHALL PROV IDE, OR MAKE 16
ARRANGEMENTS TH AT IT CONSIDERS TO B E ADEQUATE AND PROPE R TO PROVIDE, 17
FOR THE GUARDING , TRANSPORTING , LODGING, FEEDING, CLOTHING, AND MEDICAL 18
AND OTHER CARE OF AN INCARCERATED INDIVID UAL WHILE THE INCARC ERATED 19
INDIVIDUAL IS PARTIC IPATING IN THE APPRENTICESHIP PROGRAM. 20
(B) (1) FOR AN INCARCERATED I NDIVIDUAL ASSIGNED T O AN AGENCY OR 21
A UNIT OF STATE GOVERNMENT AS A PARTICIPANT IN THE APPRENTICESHIP 22
PROGRAM, THE STATE SHALL PAY THE E XPENSES INCURRED UND ER SUBSECTION 23
(A) OF THIS SECTION. 24
(2) FOR AN INCARCERATED I NDIVIDUAL ASSIGNED TO A MUNICI PAL 25
CORPORATION , COUNTY, OR PRIVATE ENTITY AS A PARTICIPANT IN THE 26
APPRENTICESHIP PROGRAM, THE MUNICIPAL CORPOR ATION, COUNTY, OR PRIVATE 27
ENTITY SHALL PAY THE EXPENSES INCURRED UN DER SUBSECTION (A) OF THIS 28
SECTION UNDER ARRANG EMENTS MADE WITH OR SATISFACTORY TO THE 29
DEPARTMENT . 30
3–906. 31
AN INCARCERATED INDIV IDUAL PARTICIPATING IN THE APPRENTICESHIP 32
PROGRAM IS ENTITLED T O THE SAME DEDUCTION S OR ALLOWANCES FOR GOOD 33
BEHAVIOR, OBSERVANCE OF DISCIP LINE AND RULES , AND DILIGENT AND FAI THFUL 34
LABOR AND IS SUBJECT TO THE SAME FORFEITURES OR PUNISHMENTS FOR B AD 35 4 HOUSE BILL 289
BEHAVIOR AND OTHER V IOLATIONS THAT OTHER WISE APPLY TO INCARC ERATED 1
INDIVIDUALS UNDER TH E LAWS OF THE STATE. 2
3–907. 3
IF AN INCARCERATED IN DIVIDUAL SUCCESSFULL Y COMPLETES THE 4
APPRENTICESHIP PROGRAM, WITHIN 30 DAYS AFTER THE SCHEDULED RELEAS E OF 5
THE INCARCERATED IND IVIDUAL, THE DEPARTMENT SHALL PROV IDE THE 6
INCARCERATED INDIVID UAL WITH A CERTIFICA TE DEMONSTRATING THE 7
INCARCERATED INDIVID UAL’S SUCCESSFUL COMPLET ION OF THE APPRENTICESHIP 8
PROGRAM. 9
3–908. 10
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THE 11
PROVISIONS OF THIS S UBTITLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14