EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0632* SENATE BILL 632 E5 EMERGENCY BILL 5lr1415 CF HB 1198 By: Senator M. Washington Introduced and read first time: January 25, 2025 Assigned to: Judicial Proceedings and Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 10, 2025 CHAPTER ______ AN ACT concerning 1 Correctional Services – Comprehensive Rehabilitative Prerelease Services – 2 Female Incarcerated Individuals 3 (The Monica Cooper Prerelease Act) 4 FOR the purpose of altering the required location and timeline specifications for a certain 5 prerelease facility for female incarcerated individuals; requiring the Department of 6 General Services to direct certain procurement processes for the construction of a 7 certain prerelease facility for female incarcerated individuals; requiring the 8 Commissioner of Correction to make certain services available to certain female 9 incarcerated individuals; requiring the Department of Public Safety and 10 Correctional Services to implement certain comprehensive rehabilitative prerelease 11 services by a certain date; requiring the Social Work Unit within the Department to 12 report certain information to the Governor and the General Assembly on or before 13 implement certain services by a certain date; authorizing the use of certain funds for 14 the cost of implementing comprehensive rehabilitative prerelease services up to a 15 certain amount; requiring the Department to report certain information to certain 16 legislative committees; and generally relating to comprehensive rehabilitative 17 prerelease services for female incarcerated individuals. 18 BY repealing and reenacting, with amendments, 19 Article – Correctional Services 20 Section 3–301 and 3–303 21 Annotated Code of Maryland 22 (2017 Replacement Volume and 2024 Supplement) 23 2 SENATE BILL 632 BY adding to 1 Article – Correctional Services 2 Section 3–301.1 3 Annotated Code of Maryland 4 (2017 Replacement Volume and 2024 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Correctional Services 8 3–301. 9 (a) Subject to subsection (d) of this section, the Commissioner shall operate a 10 comprehensive rehabilitative prerelease unit for women that: 11 (1) is a separate structure in which the services specified in § 3–303(b) of 12 this subtitle are provided; 13 (2) has security features for female incarcerated individuals who: 14 (i) present the least risk of violence; 15 (ii) present the least risk of escape; and 16 (iii) have a record of satisfactory institutional behavior; and 17 (3) matches security level on a validated gender–responsive risk measure. 18 (b) [(1) In determining where to place a prerelease unit for women, the 19 Commissioner shall determine into which area, defined by zip codes, the largest percentage 20 of incarcerated individuals will likely be released. 21 (2)] A prerelease unit for women shall be: 22 (1) located in [or adjacent to the zip codes identified in paragraph (1) of this 23 subsection] BALTIMORE CITY ON A SITE THAT I S NOT LESS THAN 3 ACRES IN LAND 24 AREA; AND 25 (2) ABLE TO ACCOMMODATE THE ADMINISTRATION , HOUSING, 26 PROGRAMMING , AND SERVICES REQUIRE D UNDER THIS SUBTITL E FOR NOT FEWER 27 THAN THE LARGEST 1.25 TIMES THE NUMBER OF WOMEN AT THE MARYLAND 28 CORRECTIONAL INSTITUTION FOR WOMEN WHO WERE ELIGIBLE FO R PRERELEASE 29 STATUS IN CALENDAR Y EAR 2023 AS REPORTED BY THE DEPARTMENT IN ITS 30 OCTOBER 2024 REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND 31 THE HOUSE APPROPRIATIONS COMMITTEE. 32 SENATE BILL 632 3 (c) An incarcerated individual assigned to a prerelease unit for women may have 1 access to the community for any purpose described in § 3–305(a) of this subtitle. 2 (d) The Department shall: 3 (1) identify a location, acquire property, and design a site plan for the 4 prerelease unit for women on or before [June 1, 2021] DECEMBER 31, 2025; 5 (2) begin construction or renovation of the facility on or before [September 6 1, 2021] JULY 1, 2026; and 7 (3) begin operating and providing services in the facility on or before June 8 1, [2023] 2027. 9 3–301.1. 10 (A) THE DEPARTMENT OF GENERAL SERVICES SHALL : 11 (1) REVIEW AND EVALUATE ANY PROPOSALS CURREN TLY IN 12 POSSESSION OF THE DEPARTMENT FOR COMPLI ANCE WITH THE FA CILITY 13 REQUIREMENTS IN § 3–301 OF THIS SUBTITLE BY JUNE 1, 2025; 14 (2) IF NO CURRENT PROPOS AL EVALUATED UNDER I TEM (1) OF THIS 15 SUBSECTION SATISFIES WITH THE REQUIREMENT S UNDER § 3–301 OF THIS 16 SUBTITLE, IN ACCORDANCE WITH T HE EXPEDITED PROCURE MENT PROCESS UNDER 17 § 13–108 OF THE STATE FINANCE AND PROCUREMENT ARTICLE, ISSUE A REQUEST 18 FOR PROPOSALS FOR TH E PLANNING , DESIGN, AND CONSTRUCTION OF A 19 PRERELEASE UNIT FOR WOMEN, AS REQUIRED UNDER § 3–301 OF THIS SUBTITLE , 20 BY AUGUST 1, 2025; 21 (3) REVIEW AND EVALUATE PROPOSALS IN CONSULT ATION WITH THE 22 DEPARTMENT ; AND 23 (4) AWARD A CONTRACT TO A PROVIDER AS SOON A S PRACTICABLE . 24 (B) A REQUEST FOR PROPOSAL S ISSUED UNDER SUBSE CTION (A) OF THIS 25 SECTION SHALL ACCURA TELY AND COMPLETELY DESCRIBE, TO THE EXTENT 26 PRACTICABLE , THE LOCATION , USES, AND TIMELINE FOR DEL IVERABLES TOWARD 27 COMPLETION OF THE PR OJECT. 28 (C) THE CONTRACT AWARDED UNDER SUBSECTION (A)(4) OF THIS SECTION 29 TO BUILD A PRERELEAS E UNIT FOR FEMALE IN CARCERATED INDIVIDUA LS SHALL: 30 4 SENATE BILL 632 (1) COMPLY WITH THE REQU IREMENTS IN § 3–301 OF THIS SUBTITLE; 1 AND 2 (2) TO THE EXTENT PRACTI CABLE, INCLUDE: 3 (I) HOUSING UNITS WITH D OUBLE AND S INGLE OCCUPANCY ; 4 (II) HANDICAPPED ACCESSIB LE ROOMS, WHEELCHAIR RAMPS , 5 AND DESIGNATED HANDI CAPPED PARKING SPACE S; 6 (III) BATHROOMS THAT MAXIM IZE PRIVACY, DIGNITY, AND 7 SECURITY OF RESIDENT S, STAFF, AND VISITORS; 8 (IV) ADMINISTRATIVE OFFIC ES; 9 (V) INDOOR AND OUTDOOR M EETING, LOUNGE, AND VISITING 10 SPACES; 11 (VI) A CLASSROOM ; 12 (VII) A CAREER CENTER ; 13 (VIII) A NONEMERGENCY MEDIC AL SUITE; 14 (IX) ON–SITE RECREATIONAL , CREATIVE, AND ATHLETIC 15 FACILITIES; AND 16 (X) ACCESS TO PUBLIC TRANSPORTATION . 17 3–303. 18 (a) (1) In this section the following words have the meanings indicated. 19 (2) “ELIGIBLE INDIVIDUAL ” MEANS AN INCARCERATE D INDIVIDUAL 20 WITH PRERELEASE STAT US AT THE MARYLAND CORRECTIONAL INSTITUTION FOR 21 WOMEN. 22 (3) “Evidence–based programs and practices” has the meaning stated in § 23 6–119 of this article. 24 (3) (4) “GENDER–RESPONSIVE SERVICES ” MEANS PROGRAMS 25 THAT RECOGNIZE AND ACCOUNT FOR THE DIFFERENCES BETWEEN MEN AND THE 26 SPECIFIC NEEDS OF IN CARCERATED WOMEN IN PRERELEASE STATUS REGA RDING 27 THEIR PSYCHOLOGICAL DEVELO PMENT, SOCIALIZATION, CULTURE, EXPOSURE TO 28 TRAUMA, AND LIFE EXPERIENCES , AND CRIMINOGENIC RIS KS TO REDUCE 29 SENATE BILL 632 5 CRIMINOGENIC RISKS A ND SUPPORT SUCCESSFUL R EENTRY, RECOVERY, AND 1 RECIDIVISM REDUCTION . 2 (4) (5) “Innovative programs and practices” has the meaning stated in § 3 6–119 of this article. 4 (6) “PRERELEASE AND REENTR Y SERVICES” MEANS PROGRAMS THAT 5 ARE TAILORED TO ADDR ESS THE SPECIFIC NEE DS OF ELIGIBLE INDIV IDUALS. 6 (b) (1) The Commissioner shall make evidence–based and gender–responsive 7 services available to ALL female incarcerated individuals WITH PRERELEASE STAT US 8 AND ALL FEMALE INCAR CERATED INDIVIDUALS at the prerelease unit for women 9 required under § 3–301 of this subtitle, REGARDLESS OF WHICH FACILITY THE FEMALE 10 INCARCERATED INDIVID UAL WITH PRERELEASE STATUS IS CURRENTLY ASSIGNED 11 TO. 12 (2) THE SERVICES REQUIRED UNDER THIS SUBSECTIO N SHALL BE 13 PROVIDED TO ELIGIBLE INDIVIDUALS BEFORE T HE FINAL CONSTRUCTIO N AND 14 OCCUPATION OF THE FA CILITY REQUIRED UNDE R § 3–301 OF THIS SUBTITLE. 15 (3) ON COMPLETION OF CONS TRUCTION AND OCCUPAT ION OF THE 16 FACILITY REQUIRED UN DER § 3–301 OF THIS SUBTITLE , THE SERVICES REQUIRE D 17 TO BE PROVIDED UNDER THIS SUBSECTION MAY NOT REQUIRE A FEMALE 18 INCARCERATED INDIVID UAL TO RECEIVE TRANSPORT IN ORDER T O ACCESS THE 19 SERVICES. 20 (4) THE DEPARTMENT SHALL DEVE LOP A PLAN TO PROVID E 21 COMPREHENSIVE GENDER –RESPONSIVE SERVICES TO ELIGIBLE INDIVIDU ALS 22 ON–SITE AT THE MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN ON OR 23 BEFORE SEPTEMBER 1, 2025. 24 (c) The comprehensive rehabilitative prerelease services shall utilize 25 evidence–based programs and practices and innovative programs and practices to: 26 (1) assist female incarcerated individuals in improving their education, 27 upgrading vocational skills, and obtaining suitable employment through classes to earn 28 industry certification or community college credits, workforce training, and job placement; 29 (2) provide female incarcerated individuals with the opportunity to 30 strengthen family and community relationships through extended family leave, parenting 31 workshops, and family reunification assistance; 32 (3) provide integrative and gender–responsive services, including medical 33 treatment, trauma–informed counseling, mental health treatment, and substance use 34 6 SENATE BILL 632 disorder treatment to address overall health and trauma needs and help female 1 incarcerated individuals achieve stable and productive roles in society; [and] 2 (4) develop individualized and comprehensive reentry plans involving 3 community provider partnerships for female incarcerated individuals to reduce barriers to 4 obtaining housing, jobs, education, health care, childcare and child welfare, transportation, 5 legal advocacy, case management, and other needs; AND 6 (5) ENSURE FEMALE INCARC ERATED INDIV IDUALS AT THE 7 PRERELEASE UNIT FOR WOMEN ARE SCREENED F OR PUBLIC HEALTH BEN EFITS 8 ELIGIBILITY AND ASSI ST WITH PUBLIC HEALT H BENEFITS APPLICATI ONS; 9 (6) ENSURE THAT EACH FEM ALE INCARCERATED IND IVIDUAL AT THE 10 PRERELEASE UNIT FOR WOMEN HAS SECURED ST ABLE HOUSING THAT IS 11 REASONABLY EXPECTED TO REMAIN AVAILABLE TO THE INDIVIDUAL AN D HER 12 DEPENDENTS FOR AT LE AST 1 YEAR AFTER RELEASE ; 13 (7) ENGAGE FEMALE INCARC ERATED INDIVIDUALS I N EDUCATION , 14 TRAINING, OR EMPLOYMENT ACTIVI TIES TO PREPARE THE INDIVIDUAL TO HAVE 15 APPROPRIATE AND SUFF ICIENT INCOME TO LIV E INDEPENDENTLY AFTE R RELEASE; 16 AND 17 (8) ENSURE THE INDIVIDUA L HAS PERTINENT DOCU MENTS, 18 INCLUDING A BIRTH CE RTIFICATE, A SOCIAL SECURITY CARD , HEALTH INSURANCE 19 INFORMATION , MEDICAL RECORDS , AND A DRIVER ’S LICENSE O R STATE 20 IDENTIFICATION CARD AT RELEASE. 21 (D) THE COMPREHENSIVE REH ABILITATIVE SERVICES REQUIRED UNDER 22 THIS SECTION SHALL B E PROVIDED AT THE PR ERELEASE UNIT FOR WO MEN AND MAY 23 NOT REQUIRE THAT A F EMALE INCARCERATED I NDIVIDUAL OBTAIN SER VICES AT: 24 (1) A DIFFERENT FACILITY FOR WOMEN; 25 (2) A FACILITY THAT TREA TS OR HOUSES BOTH MA LE AND FEMALE 26 INCARCERATED INDIVID UALS; OR 27 (3) A FACILITY THAT HOUS ES INCARCERATED INDI VIDUALS THAT ARE 28 NOT ELIGIBLE FOR PRE RELEASE STATUS . 29 (E) (1) ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL 30 IMPLEMENT COMPREHENS IVE REHABILITATIVE P RERELEASE SERVICES I N 31 ACCORDANCE WITH THIS SECTION. 32 SENATE BILL 632 7 (2) ON OR BEFORE JANUARY 1 EACH YEAR, THE SOCIAL WORK UNIT 1 WITHIN THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN 2 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 3 ASSEMBLY A DETAILED O VERVIEW OF THE COMPR EHENSIVE REHABILITAT IVE 4 PRERELEASE SERVICES PROVIDED IN ACCORDAN CE WITH THIS SECTION , 5 INCLUDING: 6 (I) GOALS AND OUTCOMES O F THE PROGRAMS ; 7 (II) THE NUMBER OF PROGRAM PARTICIPANTS ; AND 8 (III) ANY OTHER INFORMATIO N THE DEPARTMENT BELIEVES I S 9 RELEVANT TO EVALUATI NG THE BENEFITS AND EFFECTIVENESS OF 10 COMPREHENSIVE REHABI LITATIVE PRERELEASE SERVICES OFFERED BY THE 11 DEPARTMENT . 12 (F) OF THE FUNDS RECEIVED FROM THE PERFORMANCE INCENTIVE 13 GRANT FUND ESTABLISHED IN § 9–3209 OF THE STATE GOVERNMENT ARTICLE, UP 14 TO $500,000 MAY BE USED FOR COST S TO IMPLEMENT COMPR EHENSIVE 15 REHABILITATIVE PRERE LEASE SERVICES IN AC CORDANCE WITH THIS S ECTION. 16 SECTION 2. AND BE IT FURTHER EN ACTED, That on or before June 1, 2026 July 17 1, 2025, the Department of Public Safety and Correctional Services shall provide an update 18 on the progress of construction of the Prerelease Unit for Women a preliminary report on 19 the progress the Department has made to comply with Section 1 of this Act, including any 20 specific steps taken and dates on which specific steps were taken to the Senate Judicial 21 Proceedings Committee and the House Judiciary Committee, in accordance with § 2–1257 22 of the State Government Article. 23 SECTION 3. AND BE IT FURTHER ENACTED, That on or before September 1, 24 2025, the Department of Public Safety and Correctional Services and the Department of 25 General Services shall provide an update on the progress of construction of the Prerelease 26 Unit for Women to the Senate Judicial Proceedings Committee, the Senate Budget and 27 Taxation Committee, the House Judiciary Committee, and the House Appropriations 28 Committee, in accordance with § 2–1257 of the State Government Article. 29 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30 1, 2025. 31 SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 32 measure, is necessary for the immediate preservation of the public health or safety, has 33 been passed by a yea and nay vote supported by three–fifths of all the members elected to 34 each of the two Houses of the General Assembly, and shall take effect from the date it is 35 enacted. 36