Maryland 2025 Regular Session

Maryland House Bill HB647 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	hb0647
6	6
7	7	HOUSE BILL 647
8	8	E5 5lr1929
9	9	CF 5lr1927
10	10	By: Delegates Phillips, Acevero, Patterson, Ruff, Ruth, and Woods
11	11	Introduced and read first time: January 23, 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	Correctional Services – Restrictive Housing 2
19	19
20	20	FOR the purpose of altering a certain definition of restrictive housing; limiting the amount 3
21	21	of time that an individual may be placed in restrictive housing; requiring all 4
22	22	restrictive housing units to create the least restrictive environment necessary for 5
23	23	certain purposes; prohibiting the placement of a certain member of a vulnerable 6
24	24	population in restrictive housing for any period of time; requiring the Correctional 7
25	25	Ombudsman to review the status of the implementation of this Act at certain times 8
26	26	and to include a summary of the results of those reviews in certain annual reports; 9
27	27	and generally relating to restrictive housing. 10
28	28
29	29	BY repealing and reenacting, without amendments, 11
30	30	Article – Correctional Services 12
31	31	Section 9–601.1 and 9–614.1 13
32	32	Annotated Code of Maryland 14
33	33	(2017 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, with amendments, 16
36	36	Article – Correctional Services 17
37	37	Section 9–614(a) 18
38	38	Annotated Code of Maryland 19
39	39	(2017 Replacement Volume and 2024 Supplement) 20
40	40
41	41	BY adding to 21
42	42	Article – Correctional Services 22
43	43	Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10. 23
44	44	Restrictive Housing” 24
45	45	Annotated Code of Maryland 25
46	46	(2017 Replacement Volume and 2024 Supplement) 26
47	47	2 HOUSE BILL 647
48	48
49	49
50	50	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51	51	That the Laws of Maryland read as follows: 2
52	52
53	53	Article – Correctional Services 3
54	54
55	55	9–601.1. 4
56	56
57	57	(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 5
58	58	subtitle. 6
59	59
60	60	(b) Except as provided in this section, a pregnant incarcerated individual may not 7
61	61	be involuntarily placed in restrictive housing, including involuntary medical isolation or 8
62	62	infirmary. 9
63	63
64	64	(c) (1) A pregnant incarcerated individual may be involuntarily placed in 10
65	65	restrictive housing if the managing official of the correctional facility, in consultation with 11
66	66	the person overseeing women’s health and services in the facility, makes an individualized 12
67	67	and written determination that restrictive housing is required as a temporary response to: 13
68	68
69	69	(i) behavior that poses: 14
70	70
71	71	1. a serious and immediate risk of physical harm to the 15
72	72	incarcerated individual or another; or 16
73	73
74	74	2. an immediate and credible flight risk that cannot be 17
75	75	reasonably prevented by other means; or 18
76	76
77	77	(ii) a situation that poses a risk of spreading a communicable disease 19
78	78	that cannot be reasonably mitigated by other means. 20
79	79
80	80	(2) A managing official who makes a determination described in paragraph 21
81	81	(1) of this subsection shall document the reason why other less restrictive housing is not 22
82	82	possible. 23
83	83
84	84	(3) The determination described in paragraph (1) of this subsection shall 24
85	85	be reviewed and affirmed at least every 24 hours in writing with a copy provided to the 25
86	86	incarcerated individual. 26
87	87
88	88	(d) An individual placed in restrictive housing under this section shall be: 27
89	89
90	90	(1) medically assessed every 8 hours; 28
91	91
92	92	(2) housed only in the least restrictive setting consistent with the health 29
93	93	and safety of the individual; and 30
94	94
95	95	(3) given an intensive treatment plan developed and approved by the 31
96	96	person overseeing women’s health and services in the facility. 32 HOUSE BILL 647 3
97	97
98	98
99	99
100	100	(e) (1) A pregnant incarcerated individual who is deemed to need infirmary 1
101	101	care shall be admitted to the infirmary on order of a primary care nurse practitioner or 2
102	102	obstetrician. 3
103	103
104	104	(2) If the incarcerated individual is overdue in the pregnancy, the 4
105	105	incarcerated individual shall be housed in the infirmary as an admitted patient until labor 5
106	106	begins or until the obstetrical consultant has made other housing and care 6
107	107	recommendations. 7
108	108
109	109	(3) A pregnant incarcerated individual who has been placed in the 8
110	110	infirmary shall be provided: 9
111	111
112	112	(i) access to regular outside recreation consistent with the general 10
113	113	population; 11
114	114
115	115	(ii) access to visits, mail, and telephone consistent with general 12
116	116	population privileges; and 13
117	117
118	118	(iii) the ability to continue to participate in work detail, 14
119	119	programming, and classes. 15
120	120
121	121	(f) (1) Within 48 hours after confirmation by a health care professional that 16
122	122	an incarcerated individual is pregnant, the incarcerated individual shall be notified in 17
123	123	writing of the restrictions on a pregnant incarcerated individual being placed in restrictive 18
124	124	housing provided in this section. 19
125	125
126	126	(2) The Secretary shall establish a process through which an incarcerated 20
127	127	individual may report a violation of this section. 21
128	128
129	129	(g) The managing official of a correctional facility who authorized the placement 22
130	130	of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of 23
131	131	the placement a report in writing to the Commissioner of Correction, the Commissioner of 24
132	132	Pretrial Detention and Services, and the person overseeing women’s health and services in 25
133	133	the facility that describes the facts and circumstances surrounding the placement, 26
134	134	including: 27
135	135
136	136	(1) the reasoning for the determination to place the incarcerated individual 28
137	137	in restrictive housing; 29
138	138
139	139	(2) details of the placement, including the names of those who conducted 30
140	140	medical assessments of the incarcerated individual, dates and times of placement, and the 31
141	141	date, if applicable, the incarcerated individual was released from restrictive housing; and 32
142	142
143	143	(3) any physical or mental effects on the incarcerated individual or fetus 33
144	144	resulting from the placement observed or reported by the person overseeing women’s health 34
145	145	and services in the facility. 35 4 HOUSE BILL 647
146	146
147	147
148	148
149	149	9–614. 1
150	150
151	151	(a) (1) In this section the following words have the meanings indicated. 2
152	152
153	153	(2) “Correctional unit” has the meaning stated in § 2–401 of this article. 3
154	154
155	155	(3) (i) “Restrictive housing” means a form of physical separation that 4
156	156	has not been requested by the incarcerated individual in which the incarcerated individual 5
157	157	is placed in a locked room or cell for [approximately 22] 17 hours or more out of a 24–hour 6
158	158	period OTHER THAN: 7
159	159
160	160	1. DURING A FACILITY –WIDE EMERGENCY ; OR 8
161	161
162	162	2. FOR THE PURPOSE OF P ROVIDING MEDICAL OR 9
163	163	MENTAL HEALTH TREATM ENT WITHIN A CLINICA L AREA OF THE FACILI TY. 10
164	164
165	165	(ii) “Restrictive housing” includes administrative segregation and 11
166	166	disciplinary segregation. 12
167	167
168	168	9–614.1. 13
169	169
170	170	(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 14
171	171	subtitle. 15
172	172
173	173	(b) This section applies to a facility operated by a correctional unit, as defined in 16
174	174	§ 2–401 of this article. 17
175	175
176	176	(c) A minor may not be placed in restrictive housing unless the managing official 18
177	177	of the facility finds by clear and convincing evidence that there is an immediate and 19
178	178	substantial risk: 20
179	179
180	180	(1) of physical harm to the minor, other incarcerated individuals, or staff; 21
181	181	or 22
182	182
183	183	(2) to the security of the facility. 23
184	184
185	185	(d) A minor placed in restrictive housing shall be provided: 24
186	186
187	187	(1) daily physical and mental health assessments to determine whether the 25
188	188	minor may be released from restrictive housing; 26
189	189
190	190	(2) the same standard of access that is provided to incarcerated individuals 27
191	191	not in restrictive housing to: 28
192	192
193	193	(i) phone calls; 29 HOUSE BILL 647 5
194	194
195	195
196	196
197	197	(ii) visits; 1
198	198
199	199	(iii) mail; 2
200	200
201	201	(iv) food; 3
202	202
203	203	(v) water; 4
204	204
205	205	(vi) showers; 5
206	206
207	207	(vii) sanitary supplies; 6
208	208
209	209	(viii) property, including clothing and bedding; and 7
210	210
211	211	(ix) medical, mental, and dental health care; and 8
212	212
213	213	(3) unless it would pose a risk of physical harm to the minor or another, 9
214	214	maximized access to recreation, education, and programming. 10
215	215
216	216	(e) If a privilege or condition described in subsection (d) of this section is not 11
217	217	provided to the minor, the managing official or the managing official’s designee shall record 12
218	218	the reason in the minor’s file. 13
219	219
220	220	SUBTITLE 10. RESTRICTIVE HOUSING. 14
221	221
222	222	10–1001. 15
223	223
224	224	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
225	225	INDICATED. 17
226	226
227	227	(B) “MEMBER OF A VULNERABL E POPULATION ” MEANS AN INCARCERATE D 18
228	228	INDIVIDUAL WHO : 19
229	229
230	230	(1) IS 21 YEARS OLD OR YOUNGER ; 20
231	231
232	232	(2) IS AT LEAST 55 YEARS OLD; 21
233	233
234	234	(3) HAS A DISABILITY BAS ED ON A MENTAL ILLNE SS, HAS A HISTORY 22
235	235	OF PSYCHIATRIC HOSPI TALIZATION, OR HAS RECENTLY EXHI BITED CONDUCT , 23
236	236	INCLUDING SERIOUS SE LF–MUTILATION, INDICATING THE NEED FOR FURTHER 24
237	237	OBSERVATION OR EVALU ATION TO DETERMINE T HE PRESENCE OF SERIO US MENTAL 25
238	238	ILLNESS; 26
239	239
240	240	(4) HAS A DEVELOPMENTAL DISABILITY; 27 6 HOUSE BILL 647
241	241
242	242
243	243
244	244	(5) HAS A SERIOUS MEDICA L CONDITION THAT CAN NOT EFFECTIVELY 1
245	245	BE TREATED IN RESTRI CTIVE HOUSING ; 2
246	246
247	247	(6) IS PREGNANT, IS FEWER THAN 45 DAYS POSTPARTUM , IS CARING 3
248	248	FOR A CHILD IN THE F ACILITY UNDER § 9–601(I) OF THIS ARTICLE , OR HAS 4
249	249	RECENTLY SUFFERED A MISCARRIAGE OR TERMI NATED A PREG NANCY; 5
250	250
251	251	(7) HAS A SIGNIFICANT AU DITORY OR VISUAL IMP AIRMENT; OR 6
252	252
253	253	(8) IS PERCEIVED TO BE L ESBIAN, GAY, BISEXUAL, TRANSGENDER , OR 7
254	254	INTERSEX. 8
255	255
256	256	(C) “PROHIBITED ACT ” INCLUDES: 9
257	257
258	258	(1) CAUSING OR ATTEMPTIN G TO CAUSE SERIOUS P HYSICAL INJURY 10
259	259	TO OR THE DEATH OF ANOTHER PERSON ; 11
260	260
261	261	(2) MAKING AN IMMINENT T HREAT OF SERIOUS PHY SICAL INJURY OR 12
262	262	DEATH TO ANOTHER PER SON WHEN: 13
263	263
264	264	(I) THE INDIVIDUAL MAKIN G THE THREAT HAS A H ISTORY OF 14
265	265	CAUSING PHYSICAL INJ URY OR DEATH ; AND 15
266	266
267	267	(II) THE COMMISSIONER OF CORRECTION REASONABLY 16
268	268	DETERMINES THAT THER E IS A STRONG LIKELI HOOD THAT THE PERSON WILL CARRY 17
269	269	OUT A THREAT OF SERI OUS PHYSICAL INJURY OR DEATH; 18
270	270
271	271	(3) COMPELLING OR ATTEMP TING TO COMPEL ANOTH ER PERSON, BY 19
272	272	FORCE OR THREAT OF F ORCE, TO ENGAGE IN A SEXUA L ACT; 20
273	273
274	274	(4) EXTORTING AN OTHER, BY FORCE OR THREAT O F FORCE, FOR 21
275	275	PROPERTY OR MONEY ; 22
276	276
277	277	(5) COERCING ANOTHER , BY FORCE OR THREAT O F FORCE, TO 23
278	278	VIOLATE A RULE; 24
279	279
280	280	(6) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO CAU SE A 25
281	281	RIOT, AN INSURRECTION , OR ANY OTHER SIMILAR LY SERIOUS DISTURB ANCE THAT 26
282	282	RESULTS IN THE TAKIN G OF A HOSTAGE , MAJOR PROPERTY DAMAG E, OR PHYSICAL 27
283	283	HARM TO ANOTHER PERS ON; 28
284	284	HOUSE BILL 647 7
285	285
286	286
287	287	(7) PROCURING DEADLY WEA PONS OR OTHER DANGER OUS 1
288	288	CONTRABAND THAT POSE A SERIOUS THREAT TO THE SECURITY OF THE 2
289	289	INSTITUTION; AND 3
290	290
291	291	(8) ESCAPING, ATTEMPTING TO ESCAPE , OR FACILITATING AN 4
292	292	ESCAPE FROM A CORREC TIONAL FACILITY OR E SCAPING OR ATTEMPTIN G TO 5
293	293	ESCAPE WHILE UNDER S UPERVISION OUTSIDE A CORRECTIONAL FACILIT Y. 6
294	294
295	295	(D) “RESTRICTIVE HOUSING ” HAS THE MEANING STAT ED IN § 9–614 OF THIS 7
296	296	ARTICLE. 8
297	297
298	298	10–1002. 9
299	299
300	300	(A) (1) AN INDIVIDUAL MAY NOT BE KEPT IN RESTRICTI VE HOUSING FOR : 10
301	301
302	302	(I) LONGER THAN IS NECES SARY; 11
303	303
304	304	(II) LONGER THAN 15 CONSECUTIVE DAYS ; AND 12
305	305
306	306	(III) MORE THAN 20 TOTAL DAYS IN ANY 60–DAY PERIOD. 13
307	307
308	308	(2) IF PLACEMENT OF AN IN DIVIDUAL IN RESTRICT IVE HOUSING 14
309	309	WOULD VIOLATE PARAGR APH (1)(III) OF THIS SUBSECTION , BUT THE DEPARTMENT 15
310	310	HAS FOUND THAT THE I NDIVIDUAL HAS COMMIT TED A PROHIBITED ACT , THE 16
311	311	DEPARTMENT MAY PLACE THE INDIVIDUAL IN RE STRICTIVE HOUSING UN TIL THE 17
312	312	INDIVIDUAL CAN BE PL ACED IN A RESIDENTIA L MENTAL HEALTH UNIT OR FOR 48 18
313	313	HOURS, WHICHEVER IS OF SHOR TER DURATION . 19
314	314
315	315	(B) ALL RESTRICTIVE HOUSI NG UNITS SHALL CREAT E THE LEAST 20
316	316	RESTRICTIVE ENVIRONM ENT NECESSARY FOR TH E SAFETY OF ALL INCA RCERATED 21
317	317	INDIVIDUALS AND STAFF AND FOR TH E SECURITY OF THE FA CILITY. 22
318	318
319	319	10–1003. 23
320	320
321	321	NOTWITHSTANDING THE P ROVISIONS OF §§ 9–601.1 AND 9–614.1 OF THIS 24
322	322	ARTICLE, A MEMBER OF A VULNER ABLE POPULATION MAY NOT BE PLACED IN 25
323	323	RESTRICTIVE HOUSING FOR ANY PERIOD OF TI ME. 26
324	324
325	325	SECTION 2. AND BE IT FURTHER ENACTED, That: 27
326	326
327	327	(a) On or before October 1, 2027, and October 1, 2029, the Correctional 28
328	328	Ombudsman shall review the status of the implementation of this Act. 29
329	329	8 HOUSE BILL 647
330	330
331	331
332	332	(b) In conducting the reviews required under subsection (a) of this section, the 1
333	333	Correctional Ombudsman may: 2
334	334
335	335	(1) make unannounced visits to correctional facilities; 3
336	336
337	337	(2) review daily logs; and 4
338	338
339	339	(3) administer anonymous surveys. 5
340	340
341	341	(c) The Correctional Ombudsman shall include a summary of the results of the 6
342	342	reviews required under subsection (a) of this section in the annual reports required under 7
343	343	§ 9–4006 of the State Government Article to be submitted on or before December 31, 2027, 8
344	344	and December 31, 2029, respectively. 9
345	345
346	346	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
347	347	October 1, 2025. 11
348	348