Maryland 2025 Regular Session

Maryland Senate Bill SB56 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 MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0056
6	6
7	7	SENATE BILL 56
8	8	E5 5lr1679
9	9	(PRE–FILED) CF 5lr1681
10	10	By: Senator Waldstreicher
11	11	Requested: November 1, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	State Correctional Facilities – Incarcerated Individuals – Costs of Telephone 2
20	20	Communications 3
21	21
22	22	FOR the purpose of establishing certain requirements relating to the use of telephone 4
23	23	equipment and telephone services by incarcerated individuals in State correctional 5
24	24	facilities; establishing the Costs of Telephone Communications Advisory Committee; 6
25	25	and generally relating to the payment of costs for telephone equipment and 7
26	26	telephone services used by incarcerated individuals in State correctional facilities. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Correctional Services 10
30	30	Section 10–503(a)(2) 11
31	31	Annotated Code of Maryland 12
32	32	(2017 Replacement Volume and 2024 Supplement) 13
33	33
34	34	BY adding to 14
35	35	Article – Correctional Services 15
36	36	Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10. 16
37	37	No–Charge Telephone Communications for Incarcerated Individuals” 17
38	38	Annotated Code of Maryland 18
39	39	(2017 Replacement Volume and 2024 Supplement) 19
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
42	42	That the Laws of Maryland read as follows: 21
43	43
44	44	Article – Correctional Services 22
45	45
46	46	10–503. 23
47	47
48	48	(a) (2) (i) Each fund consists of: 24 2 SENATE BILL 56
49	49
50	50
51	51
52	52	1. profits derived from the sale of goods through the 1
53	53	commissary operation [and telephone] and vending machine commissions; and 2
54	54
55	55	2. subject to subparagraph (ii) of this paragraph, money 3
56	56	received from other sources. 4
57	57
58	58	(ii) Money from the General Fund of the State may not be 5
59	59	transferred by budget amendment or otherwise to a fund. 6
60	60
61	61	SUBTITLE 10. NO–CHARGE TELEPHONE COMMUNICATIONS FOR INCARCERATED 7
62	62	INDIVIDUALS. 8
63	63
64	64	10–1001. 9
65	65
66	66	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
67	67	INDICATED. 11
68	68
69	69	(B) (1) “TELEPHONE EQUIPMENT ” MEANS A TELEPHONE OR OTHER 12
70	70	DEVICE OR SYSTEM THAT ENABLES A USER TO MAKE VOICE COMMUN ICATION USING 13
71	71	A TELEPHONE SERVICE . 14
72	72
73	73	(2) “TELEPHONE EQUIPMENT ” DOES NOT INCLUDE EQU IPMENT FOR 15
74	74	VIDEO COMMUNICATION . 16
75	75
76	76	(C) “TELEPHONE SERVICE ” MEANS: 17
77	77
78	78	(1) LANDLINE TELEPHONE S ERVICE; 18
79	79
80	80	(2) WIRELESS OR CELLULAR TELEPHONE SERVICE ; 19
81	81
82	82	(3) VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE, AS DEFINED 20
83	83	IN § 8–601 OF THE PUBLIC UTILITIES ARTICLE; OR 21
84	84
85	85	(4) ANY OTHER SIMILAR SE RVICE CAPABLE OF BEI NG USED F OR 22
86	86	VOICE COMMUNICATION , REGARDLESS OF THE TE CHNOLOGY. 23
87	87
88	88	(D) “TELEPHONE SERVICE PRO VIDER” MEANS A PERSON ENGAG ED IN THE 24
89	89	BUSINESS OF PROVIDIN G TELEPHONE EQUIPMEN T OR A TELEPHONE SER VICE FOR 25
90	90	A FEE. 26
91	91
92	92	10–1002. 27
93	93	SENATE BILL 56 3
94	94
95	95
96	96	THIS SUBTITLE APPLIES ONLY TO TELEPHONE EQ UIPMENT OR A TELEPHONE 1
97	97	SERVICE THAT A STATE CORRECTIONAL FA CILITY HAS AUTHORIZE D AN 2
98	98	INCARCERATED INDIVID UAL TO USE IN TH E FACILITY. 3
99	99
100	100	10–1003. 4
101	101
102	102	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A STATE 5
103	103	CORRECTIONAL FACILIT Y IS RESPONSIBLE FOR THE PAYMENT OF ANY C OST 6
104	104	CHARGED BY A TELEPHO NE SERVICE PROVIDER FOR THE USE OF TELEPHONE 7
105	105	EQUIPMENT AND A TELE PHONE SERVICE BY AN INCARCERATED INDIVID UAL WHO IS 8
106	106	CONFINED IN THE FACILI TY. 9
107	107
108	108	(2) THIS SUBSECTION MAY N OT BE INTERPRETED TO REQUIRE A 10
109	109	STATE CORRECTIONAL FA CILITY TO PAY A COST THAT THE FACILITY DI SPUTES IS 11
110	110	OWED TO A TELEPHONE SERVICE PROVIDER . 12
111	111
112	112	(B) A STATE CORRECTIONAL FA CILITY AND A TELEPHO NE SERVICE 13
113	113	PROVIDER MAY NOT CHARGE AN IN CARCERATED INDIVIDUAL OR A THIR D PARTY, 14
114	114	INCLUDING THE RECIPI ENT OF A TELEPHONE C ALL, FOR AN INCARCERATED 15
115	115	INDIVIDUAL’S USE OF TELEPHONE E QUIPMENT OR TELEPHON E SERVICES IN A 16
116	116	STATE CORRECTIONAL FA CILITY. 17
117	117
118	118	(C) A STATE CORRECTIONAL FACILITY SHALL ESTABLISH A RATIO OF TEN 18
119	119	INDIVIDUALS TO ONE T ELEPHONE. 19
120	120
121	121	(D) AN INCARCERATED INDIV IDUAL’S ACCESS TO OR USE O F TELEPHONE 20
122	122	EQUIPMENT AND TELEPH ONE SERVICES MAY NOT SUPPLANT TIME THAT T HE 21
123	123	INCARCERATED INDIVID UAL IS ENTITLED TO I N–PERSON VISITATI ON. 22
124	124
125	125	(E) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT A 23
126	126	STATE CORRECTIONAL FA CILITY FROM DISABLIN G TELEPHONE SERVICES FOR 24
127	127	DISCIPLINARY MATTERS . 25
128	128
129	129	SECTION 2. AND BE IT FURTHER ENACTED, That: 26
130	130
131	131	(a) There is a Costs of Telephone Communications Advisory Committee. 27
132	132
133	133	(b) The Advisory Committee consists of the following members: 28
134	134
135	135	(1) two members of the Senate, appointed by the President of the Senate; 29
136	136
137	137	(2) two members of the House of Delegates, appointed by the Speaker of 30
138	138	the House; 31
139	139	4 SENATE BILL 56
140	140
141	141
142	142	(3) the Secretary of Public Safety and Correctional Services, or the 1
143	143	Secretary’s designee; 2
144	144
145	145	(4) the Public Defender, or the Public Defender’s designee; 3
146	146
147	147	(5) the President of the Maryland State’s Attorneys’ Association, or the 4
148	148	President’s designee; 5
149	149
150	150	(6) the following members designated by the Secretary of Public Safety and 6
151	151	Correctional Services: 7
152	152
153	153	(i) one member who is employed by the Department of Public Safety 8
154	154	and Correctional Services and whose primary responsibility is to implement and maintain 9
155	155	communication services for incarcerated individuals; and 10
156	156
157	157	(ii) one member who is employed as a correctional officer in a State 11
158	158	correctional facility; and 12
159	159
160	160	(7) the following members appointed by the Governor: 13
161	161
162	162	(i) one member who represents a nonprofit organization that 14
163	163	primarily advocates for no–charge prison phone call programs; 15
164	164
165	165	(ii) two members who were for mally incarcerated in a State 16
166	166	correctional facility; 17
167	167
168	168	(iii) two members who are currently incarcerated in a State 18
169	169	correctional facility; 19
170	170
171	171	(iv) one member who represents a nonprofit organization that 20
172	172	primarily advocates for job opportunities and low–wage workers; 21
173	173
174	174	(v) one member who represents a nonprofit organization that 22
175	175	primarily advocates for criminal justice reform to improve reentry of incarcerated 23
176	176	individuals; and 24
177	177
178	178	(vi) one member who represents a correctional officers’ union. 25
179	179
180	180	(c) The Governor shall designate the chair of the Advisory Committee. 26
181	181
182	182	(d) The Department of Legislative Services shall provide staff for the Advisory 27
183	183	Committee. 28
184	184
185	185	(e) A member of the Advisory Committee: 29
186	186
187	187	(1) may not receive compensation as a member of the Advisory Committee; 30
188	188	but 31 SENATE BILL 56 5
189	189
190	190
191	191
192	192	(2) is entitled to reimbursement for expenses under the Standard State 1
193	193	Travel Regulations, as provided in the State budget. 2
194	194
195	195	(f) The Advisory Committee shall: 3
196	196
197	197	(1) review and analyze data related to no–charge prison and jail phone call 4
198	198	programs in other states; 5
199	199
200	200	(2) review and analyze data from the Department of Public Safety and 6
201	201	Correctional Services related to the use of telephone equipment and telephone services, 7
202	202	including monthly volume; 8
203	203
204	204	(3) review and analyze contracts for telephone equipment and telephone 9
205	205	service in State correctional facilities, including the rates and fees paid by the Department 10
206	206	of Public Safety and Correctional Services and fees charged to users for the services 11
207	207	provided; 12
208	208
209	209	(4) make recommendations to lower the projected cost of providing 13
210	210	no–charge prison phone calls in the State; and 14
211	211
212	212	(5) make recommendations to efficiently implement a no–charge prison 15
213	213	phone call program under Title 10, Subtitle 10 of the Correctional Services Article. 16
214	214
215	215	(g) On or before December 31, 2025, the Advisory Committee shall report its 17
216	216	findings and recommendations to the Governor and, in accordance with § 2–1257 of the 18
217	217	State Government Article, the General Assembly. 19
218	218
219	219	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
220	220	effect July 1, 2026. 21
221	221
222	222	SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 22
223	223	3 of this Act, this Act shall take effect July 1, 2025. Section 2 of this Act shall remain 23
224	224	effective for a period of 1 year and, at the end of June 30, 2026, Section 2 of this Act, with 24
225	225	no further action required by the General Assembly, shall be abrogated and of no further 25
226	226	force and effect. 26
227	227
228	228