EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0401*
HOUSE BILL 401
E5 5lr1681
HB 1366/24 – JUD CF SB 56
By: Delegates Roberson, Amprey, Kaufman, J. Long, Pasteur, Wilkins, and Woods
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
State Correctional Facilities – Incarcerated Individuals – Costs of Telephone 2
Communications 3
FOR the purpose of establishing certain requirements relating to the use of telephone 4
equipment and telephone services by incarcerated individuals in State correctional 5
facilities; establishing the Costs of Telephone Communications Advisory Committee; 6
and generally relating to the payment of costs for telephone equipment and 7
telephone services used by incarcerated individuals in State correctional facilities. 8
BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 10–503(a)(2) 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2024 Supplement) 13
BY adding to 14
Article – Correctional Services 15
Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10. 16
No–Charge Telephone Communications for Incarcerated Individuals” 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Correctional Services 22
10–503. 23
(a) (2) (i) Each fund consists of: 24
2 HOUSE BILL 401
1. profits derived from the sale of goods through the 1
commissary operation [and telephone] and vending machine commissions; and 2
2. subject to subparagraph (ii) of this paragraph, money 3
received from other sources. 4
(ii) Money from the General Fund of the State may not be 5
transferred by budget amendment or otherwise to a fund. 6
SUBTITLE 10. NO–CHARGE TELEPHONE COMMUNICATIONS FOR INCARCERATED 7
INDIVIDUALS. 8
10–1001. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) (1) “TELEPHONE EQUIPMENT ” MEANS A TELEPHONE OR OTHER 12
DEVICE OR SYSTEM THA T ENABLES A USER TO MAKE VOICE COMMUNICA TION USING 13
A TELEPHONE SERVICE . 14
(2) “TELEPHONE EQUIPMENT ” DOES NOT INCLUDE EQU IPMENT FOR 15
VIDEO COMMUNICATION . 16
(C) “TELEPHONE SERVICE ” MEANS: 17
(1) LANDLINE TELEPHONE S ERVICE; 18
(2) WIRELESS OR CELLULAR TELEPHON E SERVICE; 19
(3) VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE, AS DEFINED 20
IN § 8–601 OF THE PUBLIC UTILITIES ARTICLE; OR 21
(4) ANY OTHER SIMILAR SE RVICE CAPABLE OF BEI NG USED FOR 22
VOICE COMMUNICATION , REGARDLESS OF THE TE CHNOLOGY. 23
(D) “TELEPHONE SERVICE PRO VIDER” MEANS A PERSON ENGAG ED IN THE 24
BUSINESS OF PROVIDIN G TELEPHONE EQUIPMEN T OR A TELEPHONE SER VICE FOR 25
A FEE. 26
10–1002. 27
HOUSE BILL 401 3
THIS SUBTITLE APPLIES ONLY TO TELEPHONE EQ UIPMENT OR A TELEPHO NE 1
SERVICE THAT A STATE CORRECTIONAL FA CILITY HAS AUTHORIZED AN 2
INCARCERATED INDIVID UAL TO USE IN THE FA CILITY. 3
10–1003. 4
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A STATE 5
CORRECTIONAL FACILIT Y IS RESPONSIBLE FOR THE PAYMENT OF ANY C OST 6
CHARGED BY A TELEPHO NE SERVICE PROVIDER FOR THE USE OF TELEPHONE 7
EQUIPMENT AND A TELE PHONE SERVICE BY AN INCARCERATED INDIVID UAL WHO IS 8
CONFINED IN THE FACI LITY. 9
(2) THIS SUBSECTION MAY N OT BE INTERPRETED TO REQUIRE A 10
STATE CORRECTIONAL FA CILITY TO PAY A COST THAT THE FACILITY DI SPUTES IS 11
OWED TO A TELE PHONE SERVICE PROVID ER. 12
(B) A STATE CORRECTIONAL FA CILITY AND A TELEPHO NE SERVICE 13
PROVIDER MAY NOT CHA RGE AN INCARCERATED INDIVIDUAL OR A THIR D PARTY, 14
INCLUDING THE RECIPI ENT OF A TELEPHONE C ALL, FOR AN INCARCERATED 15
INDIVIDUAL’S USE OF TELEPHONE E QUIPMENT OR TELEPHONE SERVI CES IN A 16
STATE CORRECTIONAL FA CILITY. 17
(C) A STATE CORRECTIONAL FA CILITY SHALL ESTABLI SH A RATIO OF TEN 18
INDIVIDUALS TO ONE T ELEPHONE. 19
(D) AN INCARCERATED INDIV IDUAL’S ACCESS TO OR USE O F TELEPHONE 20
EQUIPMENT AND TELEPH ONE SERVICES MAY NOT SUPPLANT TIME TH AT THE 21
INCARCERATED INDIVID UAL IS ENTITLED TO I N–PERSON VISITATION . 22
(E) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT A 23
STATE CORRECTIONAL FA CILITY FROM DISABLIN G TELEPHONE SERVICES FOR 24
DISCIPLINARY MATTERS . 25
SECTION 2. AND BE IT FURTHER ENACTED, That: 26
(a) There is a Costs of Telephone Communications Advisory Committee. 27
(b) The Advisory Committee consists of the following members: 28
(1) two members of the Senate, appointed by the President of the Senate; 29
(2) two members of the House of Delegates, appointed by the Speaker of 30
the House; 31
4 HOUSE BILL 401
(3) the Secretary of Public Safety and Correctional Services, or the 1
Secretary’s designee; 2
(4) the Public Defender, or the Public Defender’s designee; 3
(5) the President of the Maryland State’s Attorneys’ Association, or the 4
President’s designee; 5
(6) the following members designated by the Secretary of Public Safety and 6
Correctional Services: 7
(i) one member who is employed by the Department of Public Safety 8
and Correctional Services and whose primary responsibility is to implement and maintain 9
communication services for incarcerated individuals; and 10
(ii) one member who is employed as a correctional officer in a State 11
correctional facility; and 12
(7) the following members appointed by the Governor: 13
(i) one member who represents a nonprofit organization that 14
primarily advocates for no–charge prison phone call programs; 15
(ii) two members who were formally incarcerated in a State 16
correctional facility; 17
(iii) two members who are currently incarcerated in a State 18
correctional facility; 19
(iv) one member who represents a nonprofit organization that 20
primarily advocates for job opportunities and low–wage workers; 21
(v) one member who represents a nonprofit organiza tion that 22
primarily advocates for criminal justice reform to improve reentry of incarcerated 23
individuals; and 24
(vi) one member who represents a correctional officers’ union. 25
(c) The Governor shall designate the chair of the Advisory Committee. 26
(d) The Department of Legislative Services shall provide staff for the Advisory 27
Committee. 28
(e) A member of the Advisory Committee: 29
(1) may not receive compensation as a member of the Advisory Committee; 30
but 31 HOUSE BILL 401 5
(2) is entitled to reimbursement for expenses under the Standard State 1
Travel Regulations, as provided in the State budget. 2
(f) The Advisory Committee shall: 3
(1) review and analyze data related to no–charge prison and jail phone call 4
programs in other states; 5
(2) review and analyze data from the Department of Public Safety and 6
Correctional Services related to the use of telephone equipment and telephone services, 7
including monthly volume; 8
(3) review and analyze contracts for telephone equipment and telephone 9
service in State correctional facilities, including the rates and fees paid by the Department 10
of Public Safety and Correctional Services and fees charged to users for the services 11
provided; 12
(4) make recommendations to lower the projected cost of providing 13
no–charge prison phone calls in the State; and 14
(5) make recommendations to efficiently implement a no–charge prison 15
phone call program under Title 10, Subtitle 10 of the Correctional Services Article. 16
(g) On or before December 31, 2025, the Advisory Committee shall report its 17
findings and recommendations to the Governor and, in accordance with § 2–1257 of the 18
State Government Article, the General Assembly. 19
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
effect July 1, 2026. 21
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 22
3 of this Act, this Act shall take effect July 1, 2025. Section 2 of this Act shall remain 23
effective for a period of 1 year and, at the end of June 30, 2026, Section 2 of this Act, with 24
no further action required by the General Assembly, shall be abrogated and of no further 25
force and effect. 26