EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0702*
SENATE BILL 702
E5 5lr1927
CF HB 647
By: Senators Love, Benson, Hettleman, and Muse
Introduced and read first time: January 26, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Restrictive Housing 2
FOR the purpose of altering a certain definition of restrictive housing; limiting the amount 3
of time that an individual may be placed in restrictive housing; requiring all 4
restrictive housing units to create the least restrictive environment necessary for 5
certain purposes; prohibiting the placement of a certain member of a vulnerable 6
population in restrictive housing for any period of time; requiring the Correctional 7
Ombudsman to review the status of the implementation of this Act at certain times 8
and to include a summary of the results of those reviews in certain annual reports; 9
and generally relating to restrictive housing. 10
BY repealing and reenacting, without amendments, 11
Article – Correctional Services 12
Section 9–601.1 and 9–614.1 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Correctional Services 17
Section 9–614(a) 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Correctional Services 22
Section 10–1001 through 10–1003 to be under the new subtitle “Subtitle 10. 23
Restrictive Housing” 24
Annotated Code of Maryland 25
(2017 Replacement Volume and 2024 Supplement) 26
2 SENATE BILL 702
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
9–601.1. 4
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 5
subtitle. 6
(b) Except as provided in this section, a pregnant incarcerated individual may not 7
be involuntarily placed in restrictive housing, including involuntary medical isolation or 8
infirmary. 9
(c) (1) A pregnant incarcerated individual may be involuntarily placed in 10
restrictive housing if the managing official of the correctional facility, in consultation with 11
the person overseeing women’s health and services in the facility, makes an individualized 12
and written determination that restrictive housing is required as a temporary response to: 13
(i) behavior that poses: 14
1. a serious and immediate risk of physical harm to the 15
incarcerated individual or another; or 16
2. an immediate and credible flight risk that cannot be 17
reasonably prevented by other means; or 18
(ii) a situation that poses a risk of spreading a communicable disease 19
that cannot be reasonably mitigated by other means. 20
(2) A managing official who makes a determination described in paragraph 21
(1) of this subsection shall document the reason why other less restrictive housing is not 22
possible. 23
(3) The determination described in paragraph (1) of this subsection shall 24
be reviewed and affirmed at least every 24 hours in writing with a copy provided to the 25
incarcerated individual. 26
(d) An individual placed in restrictive housing under this section shall be: 27
(1) medically assessed every 8 hours; 28
(2) housed only in the least restrictive setting consistent with the health 29
and safety of the individual; and 30
(3) given an intensive treatment plan developed and approved by the 31
person overseeing women’s health and services in the facility. 32 SENATE BILL 702 3
(e) (1) A pregnant incarcerated individual who is deemed to need infirmary 1
care shall be admitted to the infirmary on order of a primary care nurse practitioner or 2
obstetrician. 3
(2) If the incarcerated individual is overdue in the pregnancy, the 4
incarcerated individual shall be housed in the infirmary as an admitted patient until labor 5
begins or until the obstetrical consultant has made other housing and care 6
recommendations. 7
(3) A pregnant incarcerated individual who has been placed in the 8
infirmary shall be provided: 9
(i) access to regular outside recreation consistent with the general 10
population; 11
(ii) access to visits, mail, and telephone consistent with general 12
population privileges; and 13
(iii) the ability to continue to participate in work detail, 14
programming, and classes. 15
(f) (1) Within 48 hours after confirmation by a health care professional that 16
an incarcerated individual is pregnant, the incarcerated individual shall be notified in 17
writing of the restrictions on a pregnant incarcerated individual being placed in restrictive 18
housing provided in this section. 19
(2) The Secretary shall establish a process through which an incarcerated 20
individual may report a violation of this section. 21
(g) The managing official of a correctional facility who authorized the placement 22
of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of 23
the placement a report in writing to the Commissioner of Correction, the Commissioner of 24
Pretrial Detention and Services, and the person overseeing women’s health and services in 25
the facility that describes the facts and circumstances surrounding the placement, 26
including: 27
(1) the reasoning for the determination to place the incarcerated individual 28
in restrictive housing; 29
(2) details of the placement, including the names of those who conducted 30
medical assessments of the incarcerated individual, dates and times of placement, and the 31
date, if applicable, the incarcerated individual was released from restrictive housing; and 32
(3) any physical or mental effects on the incarcerated individual or fetus 33
resulting from the placement observed or reported by the person overseeing women’s health 34
and services in the facility. 35 4 SENATE BILL 702
9–614. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Correctional unit” has the meaning stated in § 2–401 of this article. 3
(3) (i) “Restrictive housing” means a form of physical separation that 4
has not been requested by the incarcerated individual in which the incarcerated individual 5
is placed in a locked room or cell for [approximately 22] 17 hours or more out of a 24–hour 6
period OTHER THAN: 7
1. DURING A FACILITY–WIDE EMERGENCY ; OR 8
2. FOR THE PURPOSE OF P ROVIDING MEDICAL OR 9
MENTAL HEALTH TREATM ENT WITHIN A CLINICA L AREA OF THE FACILI TY. 10
(ii) “Restrictive housing” includes administrative segregation and 11
disciplinary segregation. 12
9–614.1. 13
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 14
subtitle. 15
(b) This section applies to a facility operated by a correctional unit, as defined in 16
§ 2–401 of this article. 17
(c) A minor may not be placed in restrictive housing unless the managing official 18
of the facility finds by clear and convincing evidence that there is an immediate and 19
substantial risk: 20
(1) of physical harm to the minor, other incarcerated individuals, or staff; 21
or 22
(2) to the security of the facility. 23
(d) A minor placed in restrictive housing shall be provided: 24
(1) daily physical and mental health assessments to determine whether the 25
minor may be released from restrictive housing; 26
(2) the same standard of access that is provided to incarcerated individuals 27
not in restrictive housing to: 28
(i) phone calls; 29 SENATE BILL 702 5
(ii) visits; 1
(iii) mail; 2
(iv) food; 3
(v) water; 4
(vi) showers; 5
(vii) sanitary supplies; 6
(viii) property, including clothing and bedding; and 7
(ix) medical, mental, and dental health care; and 8
(3) unless it would pose a risk of physical harm to the minor or another, 9
maximized access to recreation, education, and programming. 10
(e) If a privilege or condition described in subsection (d) of this section is not 11
provided to the minor, the managing official or the managing official’s designee shall record 12
the reason in the minor’s file. 13
SUBTITLE 10. RESTRICTIVE HOUSING. 14
10–1001. 15
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 16
INDICATED. 17
(B) “MEMBER OF A VULNERABL E POPULATION ” MEANS AN INCARCERATE D 18
INDIVIDUAL WHO : 19
(1) IS 21 YEARS OLD OR YOUNGER ; 20
(2) IS AT LEAST 55 YEARS OLD; 21
(3) HAS A DISABILITY BAS ED ON A MENTAL ILLNE SS, HAS A HISTORY 22
OF PSYCHIATRIC HOSPI TALIZATION, OR HAS RECENTLY EXHI BITED CONDUCT , 23
INCLUDING SERIOUS SE LF–MUTILATION, INDICATING THE NEED FOR FURTHER 24
OBSERVATION OR EVALU ATION TO DETERMINE T HE PRESENCE OF SERIO US MENTAL 25
ILLNESS; 26
(4) HAS A DEVELOPMENTAL DISABILITY; 27 6 SENATE BILL 702
(5) HAS A SERIOUS MEDICA L CONDITION THAT CAN NOT EFFECTIVELY 1
BE TREATED IN RESTRI CTIVE HOUSING ; 2
(6) IS PREGNANT, IS FEWER THAN 45 DAYS POSTPARTUM , IS CARING 3
FOR A CHILD IN THE F ACILITY UNDER § 9–601(I) OF THIS ARTICLE, OR HAS 4
RECENTLY SUFFE RED A MISCARRIAGE OR TERMINATED A PREGNAN CY; 5
(7) HAS A SIGNIFICANT AU DITORY OR VISUAL IMP AIRMENT; OR 6
(8) IS PERCEIVED TO BE L ESBIAN, GAY, BISEXUAL, TRANSGENDER , OR 7
INTERSEX. 8
(C) “PROHIBITED ACT” INCLUDES: 9
(1) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHY SICAL INJURY 10
TO OR THE DEATH OF ANOTHER PERSON ; 11
(2) MAKING AN IMMINENT TH REAT OF SERIOUS PHYS ICAL INJURY OR 12
DEATH TO ANOTHER PER SON WHEN: 13
(I) THE INDIVIDUAL MAKIN G THE THREAT HAS A H ISTORY OF 14
CAUSING PHYSICAL INJURY OR DEATH ; AND 15
(II) THE COMMISSIONER OF CORRECTION REASONABLY 16
DETERMINES THAT THER E IS A STRONG LIKELI HOOD THAT THE PERSON WILL CARRY 17
OUT A THREAT OF SERIOUS PHYSICAL INJURY OR DEATH ; 18
(3) COMPELLING OR ATTEMPT ING TO COMPEL ANOTHE R PERSON, BY 19
FORCE OR THREAT OF F ORCE, TO ENGAGE IN A SEXUA L ACT; 20
(4) EXTORTING ANOTHER , BY FORCE OR THREAT O F FORCE, FOR 21
PROPERTY OR MONEY ; 22
(5) COERCING ANOTHER , BY FORCE OR THREAT O F FORCE, TO 23
VIOLATE A RULE; 24
(6) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO CAUSE A 25
RIOT, AN INSURRECTION , OR ANY OTHER SIMILARLY SERI OUS DISTURBANCE THAT 26
RESULTS IN THE TAKIN G OF A HOSTAGE , MAJOR PROPERTY DAMAG E, OR PHYSICAL 27
HARM TO ANOTHER PERS ON; 28
SENATE BILL 702 7
(7) PROCURING DEADLY WEAP ONS OR OTHER DANGERO US 1
CONTRABAND THAT POSE A SERIOUS THREAT TO TH E SECURITY OF THE 2
INSTITUTION; AND 3
(8) ESCAPING, ATTEMPTING TO ESCAPE , OR FACILITATING AN 4
ESCAPE FROM A CORRECTIONAL FACILITY OR ESCAPING OR ATTEMPTING TO 5
ESCAPE WHILE UNDER S UPERVISION OUTSIDE A CORRECTIONAL FACILITY. 6
(D) “RESTRICTIVE HOUSING” HAS THE MEANING STAT ED IN § 9–614 OF THIS 7
ARTICLE. 8
10–1002. 9
(A) (1) AN INDIVIDUAL MAY NOT BE KEPT IN RESTRICTI VE HOUSING FOR: 10
(I) LONGER THAN IS NECES SARY; 11
(II) LONGER THAN 15 CONSECUTIVE DAYS ; AND 12
(III) MORE THAN 20 TOTAL DAYS IN ANY 60–DAY PERIOD. 13
(2) IF PLACEMENT OF AN IN DIVIDUAL IN RESTRICT IVE HOUSING 14
WOULD VIOLATE PARAGRAPH (1)(III) OF THIS SUBSECTION, BUT THE DEPARTMENT 15
HAS FOUND THAT THE I NDIVIDUAL HAS COMMIT TED A PROHIBITED ACT , THE 16
DEPARTMENT MAY PLACE THE INDIVIDUAL IN RE STRICTIVE HOUSING UN TIL THE 17
INDIVIDUAL CAN BE PL ACED IN A RESIDENTIA L MENTAL HEALTH UNIT OR FOR 48 18
HOURS, WHICHEVER IS OF SHORTER DURATION . 19
(B) ALL RESTRICTIVE HOUSI NG UNITS SHALL CREAT E THE LEAST 20
RESTRICTIVE ENVI RONMENT NECESSARY FO R THE SAFETY OF ALL INCARCERATED 21
INDIVIDUALS AND STAFF AND FOR THE SECURITY OF THE FACI LITY. 22
10–1003. 23
NOTWITHSTANDING THE P ROVISIONS OF §§ 9–601.1 AND 9–614.1 OF THIS 24
ARTICLE, A MEMBER OF A VULNERAB LE POPULATION MAY NOT BE PLACED IN 25
RESTRICTIVE HOUSING FOR ANY PERIOD OF TI ME. 26
SECTION 2. AND BE IT FURTHER ENACTED, That: 27
(a) On or before October 1, 2027, and October 1, 2029, the Correctional 28
Ombudsman shall review the status of the implementation of this Act. 29
8 SENATE BILL 702
(b) In conducting the reviews required under subsection (a) of this section, the 1
Correctional Ombudsman may: 2
(1) make unannounced visits to correctional facilities; 3
(2) review daily logs; and 4
(3) administer anonymous surveys. 5
(c) The Correctional Ombudsman shall include a summary of the results of the 6
reviews required under subsection (a) of this section in the annual reports required under 7
§ 9–4006 of the State Government Article to be submitted on or before December 31, 2027, 8
and December 31, 2029, respectively. 9
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11