Maryland 2025 Regular Session

Maryland House Bill HB401 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	hb0401
6	6
7	7	HOUSE BILL 401
8	8	E5 5lr1681
9	9	HB 1366/24 – JUD CF SB 56
10	10	By: Delegates Roberson, Amprey, Kaufman, J. Long, Pasteur, Wilkins, and Woods
11	11	Introduced and read first time: January 16, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Correctional Facilities – Incarcerated Individuals – Costs of Telephone 2
19	19	Communications 3
20	20
21	21	FOR the purpose of establishing certain requirements relating to the use of telephone 4
22	22	equipment and telephone services by incarcerated individuals in State correctional 5
23	23	facilities; establishing the Costs of Telephone Communications Advisory Committee; 6
24	24	and generally relating to the payment of costs for telephone equipment and 7
25	25	telephone services used by incarcerated individuals in State correctional facilities. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Correctional Services 10
29	29	Section 10–503(a)(2) 11
30	30	Annotated Code of Maryland 12
31	31	(2017 Replacement Volume and 2024 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Correctional Services 15
35	35	Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10. 16
36	36	No–Charge Telephone Communications for Incarcerated Individuals” 17
37	37	Annotated Code of Maryland 18
38	38	(2017 Replacement Volume and 2024 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Correctional Services 22
44	44
45	45	10–503. 23
46	46
47	47	(a) (2) (i) Each fund consists of: 24
48	48	2 HOUSE BILL 401
49	49
50	50
51	51	1. profits derived from the sale of goods through the 1
52	52	commissary operation [and telephone] and vending machine commissions; and 2
53	53
54	54	2. subject to subparagraph (ii) of this paragraph, money 3
55	55	received from other sources. 4
56	56
57	57	(ii) Money from the General Fund of the State may not be 5
58	58	transferred by budget amendment or otherwise to a fund. 6
59	59
60	60	SUBTITLE 10. NO–CHARGE TELEPHONE COMMUNICATIONS FOR INCARCERATED 7
61	61	INDIVIDUALS. 8
62	62
63	63	10–1001. 9
64	64
65	65	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
66	66	INDICATED. 11
67	67
68	68	(B) (1) “TELEPHONE EQUIPMENT ” MEANS A TELEPHONE OR OTHER 12
69	69	DEVICE OR SYSTEM THA T ENABLES A USER TO MAKE VOICE COMMUNICA TION USING 13
70	70	A TELEPHONE SERVICE . 14
71	71
72	72	(2) “TELEPHONE EQUIPMENT ” DOES NOT INCLUDE EQU IPMENT FOR 15
73	73	VIDEO COMMUNICATION . 16
74	74
75	75	(C) “TELEPHONE SERVICE ” MEANS: 17
76	76
77	77	(1) LANDLINE TELEPHONE S ERVICE; 18
78	78
79	79	(2) WIRELESS OR CELLULAR TELEPHON E SERVICE; 19
80	80
81	81	(3) VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE, AS DEFINED 20
82	82	IN § 8–601 OF THE PUBLIC UTILITIES ARTICLE; OR 21
83	83
84	84	(4) ANY OTHER SIMILAR SE RVICE CAPABLE OF BEI NG USED FOR 22
85	85	VOICE COMMUNICATION , REGARDLESS OF THE TE CHNOLOGY. 23
86	86
87	87	(D) “TELEPHONE SERVICE PRO VIDER” MEANS A PERSON ENGAG ED IN THE 24
88	88	BUSINESS OF PROVIDIN G TELEPHONE EQUIPMEN T OR A TELEPHONE SER VICE FOR 25
89	89	A FEE. 26
90	90
91	91	10–1002. 27
92	92	HOUSE BILL 401 3
93	93
94	94
95	95	THIS SUBTITLE APPLIES ONLY TO TELEPHONE EQ UIPMENT OR A TELEPHO NE 1
96	96	SERVICE THAT A STATE CORRECTIONAL FA CILITY HAS AUTHORIZED AN 2
97	97	INCARCERATED INDIVID UAL TO USE IN THE FA CILITY. 3
98	98
99	99	10–1003. 4
100	100
101	101	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A STATE 5
102	102	CORRECTIONAL FACILIT Y IS RESPONSIBLE FOR THE PAYMENT OF ANY C OST 6
103	103	CHARGED BY A TELEPHO NE SERVICE PROVIDER FOR THE USE OF TELEPHONE 7
104	104	EQUIPMENT AND A TELE PHONE SERVICE BY AN INCARCERATED INDIVID UAL WHO IS 8
105	105	CONFINED IN THE FACI LITY. 9
106	106
107	107	(2) THIS SUBSECTION MAY N OT BE INTERPRETED TO REQUIRE A 10
108	108	STATE CORRECTIONAL FA CILITY TO PAY A COST THAT THE FACILITY DI SPUTES IS 11
109	109	OWED TO A TELE PHONE SERVICE PROVID ER. 12
110	110
111	111	(B) A STATE CORRECTIONAL FA CILITY AND A TELEPHO NE SERVICE 13
112	112	PROVIDER MAY NOT CHA RGE AN INCARCERATED INDIVIDUAL OR A THIR D PARTY, 14
113	113	INCLUDING THE RECIPI ENT OF A TELEPHONE C ALL, FOR AN INCARCERATED 15
114	114	INDIVIDUAL’S USE OF TELEPHONE E QUIPMENT OR TELEPHONE SERVI CES IN A 16
115	115	STATE CORRECTIONAL FA CILITY. 17
116	116
117	117	(C) A STATE CORRECTIONAL FA CILITY SHALL ESTABLI SH A RATIO OF TEN 18
118	118	INDIVIDUALS TO ONE T ELEPHONE. 19
119	119
120	120	(D) AN INCARCERATED INDIV IDUAL’S ACCESS TO OR USE O F TELEPHONE 20
121	121	EQUIPMENT AND TELEPH ONE SERVICES MAY NOT SUPPLANT TIME TH AT THE 21
122	122	INCARCERATED INDIVID UAL IS ENTITLED TO I N–PERSON VISITATION . 22
123	123
124	124	(E) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT A 23
125	125	STATE CORRECTIONAL FA CILITY FROM DISABLIN G TELEPHONE SERVICES FOR 24
126	126	DISCIPLINARY MATTERS . 25
127	127
128	128	SECTION 2. AND BE IT FURTHER ENACTED, That: 26
129	129
130	130	(a) There is a Costs of Telephone Communications Advisory Committee. 27
131	131
132	132	(b) The Advisory Committee consists of the following members: 28
133	133
134	134	(1) two members of the Senate, appointed by the President of the Senate; 29
135	135
136	136	(2) two members of the House of Delegates, appointed by the Speaker of 30
137	137	the House; 31
138	138	4 HOUSE BILL 401
139	139
140	140
141	141	(3) the Secretary of Public Safety and Correctional Services, or the 1
142	142	Secretary’s designee; 2
143	143
144	144	(4) the Public Defender, or the Public Defender’s designee; 3
145	145
146	146	(5) the President of the Maryland State’s Attorneys’ Association, or the 4
147	147	President’s designee; 5
148	148
149	149	(6) the following members designated by the Secretary of Public Safety and 6
150	150	Correctional Services: 7
151	151
152	152	(i) one member who is employed by the Department of Public Safety 8
153	153	and Correctional Services and whose primary responsibility is to implement and maintain 9
154	154	communication services for incarcerated individuals; and 10
155	155
156	156	(ii) one member who is employed as a correctional officer in a State 11
157	157	correctional facility; and 12
158	158
159	159	(7) the following members appointed by the Governor: 13
160	160
161	161	(i) one member who represents a nonprofit organization that 14
162	162	primarily advocates for no–charge prison phone call programs; 15
163	163
164	164	(ii) two members who were formally incarcerated in a State 16
165	165	correctional facility; 17
166	166
167	167	(iii) two members who are currently incarcerated in a State 18
168	168	correctional facility; 19
169	169
170	170	(iv) one member who represents a nonprofit organization that 20
171	171	primarily advocates for job opportunities and low–wage workers; 21
172	172
173	173	(v) one member who represents a nonprofit organiza tion that 22
174	174	primarily advocates for criminal justice reform to improve reentry of incarcerated 23
175	175	individuals; and 24
176	176
177	177	(vi) one member who represents a correctional officers’ union. 25
178	178
179	179	(c) The Governor shall designate the chair of the Advisory Committee. 26
180	180
181	181	(d) The Department of Legislative Services shall provide staff for the Advisory 27
182	182	Committee. 28
183	183
184	184	(e) A member of the Advisory Committee: 29
185	185
186	186	(1) may not receive compensation as a member of the Advisory Committee; 30
187	187	but 31 HOUSE BILL 401 5
188	188
189	189
190	190
191	191	(2) is entitled to reimbursement for expenses under the Standard State 1
192	192	Travel Regulations, as provided in the State budget. 2
193	193
194	194	(f) The Advisory Committee shall: 3
195	195
196	196	(1) review and analyze data related to no–charge prison and jail phone call 4
197	197	programs in other states; 5
198	198
199	199	(2) review and analyze data from the Department of Public Safety and 6
200	200	Correctional Services related to the use of telephone equipment and telephone services, 7
201	201	including monthly volume; 8
202	202
203	203	(3) review and analyze contracts for telephone equipment and telephone 9
204	204	service in State correctional facilities, including the rates and fees paid by the Department 10
205	205	of Public Safety and Correctional Services and fees charged to users for the services 11
206	206	provided; 12
207	207
208	208	(4) make recommendations to lower the projected cost of providing 13
209	209	no–charge prison phone calls in the State; and 14
210	210
211	211	(5) make recommendations to efficiently implement a no–charge prison 15
212	212	phone call program under Title 10, Subtitle 10 of the Correctional Services Article. 16
213	213
214	214	(g) On or before December 31, 2025, the Advisory Committee shall report its 17
215	215	findings and recommendations to the Governor and, in accordance with § 2–1257 of the 18
216	216	State Government Article, the General Assembly. 19
217	217
218	218	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
219	219	effect July 1, 2026. 21
220	220
221	221	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 22
222	222	3 of this Act, this Act shall take effect July 1, 2025. Section 2 of this Act shall remain 23
223	223	effective for a period of 1 year and, at the end of June 30, 2026, Section 2 of this Act, with 24
224	224	no further action required by the General Assembly, shall be abrogated and of no further 25
225	225	force and effect. 26
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227	227
228	228