Maryland 2025 Regular Session

Maryland Senate Bill SB741 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	sb0741
6	6
7	7	SENATE BILL 741
8	8	J1, J3, D1 5lr2299
9	9
10	10	By: Senators Lam and Augustine
11	11	Introduced and read first time: January 27, 2025
12	12	Assigned to: Finance and Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Forensic Mental Health Treatment 2
19	19
20	20	FOR the purpose of altering the circumstances under which a certificate of need for 3
21	21	changing bed capacity in a health care facility is required; establishing the 4
22	22	Workgroup on Forensic Mental Health Treatment; requiring the Workgroup to 5
23	23	develop a certain form to be used by judges in a proceeding related to incompetency 6
24	24	to stand trial; establishing the Forensic Mental Health Treatment Fund as a special, 7
25	25	nonlapsing fund; requiring courts to remit certain fines and monetary penalties into 8
26	26	the Fund; requiring that interest earnings of the Fund be credited to the Fund; and 9
27	27	generally relating to forensic mental health treatment in the State. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Criminal Procedure 12
31	31	Section 3–106(c)(4) 13
32	32	Annotated Code of Maryland 14
33	33	(2018 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, with amendments, 16
36	36	Article – Health – General 17
37	37	Section 19–120(h) and (l) 18
38	38	Annotated Code of Maryland 19
39	39	(2023 Replacement Volume and 2024 Supplement) 20
40	40
41	41	BY adding to 21
42	42	Article – Health – General 22
43	43	Section 24–2501 and 24–2502 to be under the new subtitle “Subtitle 25. Forensic 23
44	44	Mental Health Treatment” 24
45	45	Annotated Code of Maryland 25
46	46	(2023 Replacement Volume and 2024 Supplement) 26
47	47
48	48	BY repealing and reenacting, without amendments, 27 2 SENATE BILL 741
49	49
50	50
51	51	Article – State Finance and Procurement 1
52	52	Section 6–226(a)(2)(i) 2
53	53	Annotated Code of Maryland 3
54	54	(2021 Replacement Volume and 2024 Supplement) 4
55	55
56	56	BY repealing and reenacting, with amendments, 5
57	57	Article – State Finance and Procurement 6
58	58	Section 6–226(a)(2)(ii)204. and 205. 7
59	59	Annotated Code of Maryland 8
60	60	(2021 Replacement Volume and 2024 Supplement) 9
61	61
62	62	BY adding to 10
63	63	Article – State Finance and Procurement 11
64	64	Section 6–226(a)(2)(ii)206. 12
65	65	Annotated Code of Maryland 13
66	66	(2021 Replacement Volume and 2024 Supplement) 14
67	67
68	68	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
69	69	That the Laws of Maryland read as follows: 16
70	70
71	71	Article – Criminal Procedure 17
72	72
73	73	3–106. 18
74	74
75	75	(c) (4) (I) [If] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 19
76	76	PARAGRAPH , IF the Health Department fails to admit a defendant to a designated health 20
77	77	care facility within the time period specified in paragraph (2)(i) of this subsection, the court 21
78	78	may impose any sanction reasonably designed to compel compliance, including requiring 22
79	79	the Health Department to reimburse a detention facility for expenses and costs incurred in 23
80	80	retaining the defendant beyond the time period specified in paragraph (2)(i) of this 24
81	81	subsection at the daily rate specified in § 9–402(b) of the Correctional Services Article. 25
82	82
83	83	(II) IF THE SANCTION IMPOS ED BY THE COURT INCL UDES A FINE 26
84	84	OR MONETARY PENALTY THAT IS NOT INTENDED TO REIMBURS E A DETENTION 27
85	85	FACILITY, THE COURT SHALL REMIT THE FINE OR MONETA RY PENALTY TO THE 28
86	86	FORENSIC MENTAL HEALTH TREATMENT FUND ESTABLISHED UNDE R § 24–2502 OF 29
87	87	THE HEALTH – GENERAL ARTICLE. 30
88	88
89	89	Article – Health – General 31
90	90
91	91	19–120. 32
92	92
93	93	(h) (1) A certificate of need is required before the bed capacity of a health care 33
94	94	facility is changed. 34
95	95	SENATE BILL 741 3
96	96
97	97
98	98	(2) [This] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 1
99	99	SUBSECTION, THIS subsection does not apply to any increase or decrease in bed capacity 2
100	100	if: 3
101	101
102	102	(i) For a health care facility that is not a hospital, during a 2–year 4
103	103	period the increase or decrease would not exceed the lesser of 10 percent of the total bed 5
104	104	capacity or 10 beds; 6
105	105
106	106	(ii) 1. The increase or decrease would change the bed capacity 7
107	107	for an existing medical service; and 8
108	108
109	109	2. A. The change would not increase total bed capacity; 9
110	110
111	111	B. The change is maintained for at least a 1–year period; and 10
112	112
113	113	C. At least 45 days prior to the change, the hospital provides 11
114	114	written notice to the Commission describing the change and providing an updated 12
115	115	inventory of the hospital’s licensed bed complement; 13
116	116
117	117	(iii) 1. At least 45 days before increasing or decreasing bed 14
118	118	capacity, written notice of intent to change bed capacity is filed with the Commission; 15
119	119
120	120	2. The Commission in its sole discretion finds that the 16
121	121	proposed change: 17
122	122
123	123	A. Is pursuant to the consolidation or merger of two or more 18
124	124	health care facilities, or conversion of a health care facility or part of a facility to a 19
125	125	nonhealth–related use; 20
126	126
127	127	B. Is not inconsistent with the State health plan or the 21
128	128	institution–specific plan developed by the Commission; 22
129	129
130	130	C. Will result in the delivery of more efficient and effective 23
131	131	health care services; and 24
132	132
133	133	D. Is in the public interest; and 25
134	134
135	135	3. Within 45 days of receiving notice, the Commission 26
136	136	notifies the health care facility of its finding; 27
137	137
138	138	(iv) The increase or decrease in bed capacity is the result of the 28
139	139	annual licensed bed recalculation provided under § 19–307.2 of this title; or 29
140	140
141	141	(v) 1. The increase or decrease in bed capacity will occur in: 30
142	142	4 SENATE BILL 741
143	143
144	144
145	145	A. An intermediate care facility that offers residential or 1
146	146	intensive substance–related disorder treatment services and has a current license issued 2
147	147	by the Secretary; or 3
148	148
149	149	B. An existing general hospice program that has a current 4
150	150	license issued by the Secretary; and 5
151	151
152	152	2. At least 45 days before increasing or decreasing bed 6
153	153	capacity, written notice of the intent to change bed capacity is filed with the Commission. 7
154	154
155	155	(3) NOTWITHSTANDING ANY O THER REQUIREMENT OF THIS 8
156	156	SUBSECTION, A CERTIFICATE OF NEE D IS REQUIRED BEFORE THE PSYC HIATRIC BED 9
157	157	CAPACITY OF A HEALTH CARE FACILITY IS RED UCED BY FIVE OR MORE BEDS . 10
158	158
159	159	(l) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 11
160	160	SUBSECTION, A certificate of need is not required to close any health care facility or part 12
161	161	of a health care facility if at least 90 days before the closing or if at least 45 days before the 13
162	162	partial closing of the health care facility, including a State hospital, a person proposing to 14
163	163	close all or part of the health care facility files notice of the proposed closing or partial 15
164	164	closing with the Commission. 16
165	165
166	166	(2) A hospital shall hold a public informational hearing in the county where 17
167	167	the hospital is located if the hospital: 18
168	168
169	169	(i) Files a notice of the proposed closing of the hospital with the 19
170	170	Commission; 20
171	171
172	172	(ii) Requests an exemption from the Commission under subsection 21
173	173	(o)(3) of this section to convert to a freestanding medical facility; or 22
174	174
175	175	(iii) Is located in a county with fewer than three hospitals and files a 23
176	176	notice of the partial closing of the hospital with the Commission. 24
177	177
178	178	(3) The Commission may require a health care facility other than a hospital 25
179	179	described in paragraph (2) of this subsection that files notice of its proposed closing or 26
180	180	partial closing to hold a public informational hearing in the county where the health care 27
181	181	facility is located. 28
182	182
183	183	(4) A public informational hearing required under paragraph (2) or (3) of 29
184	184	this subsection shall be held by the health care facility, in consultation with the 30
185	185	Commission, within 30 days after: 31
186	186
187	187	(i) The health care facility files with the Commission a notice of its 32
188	188	proposed closing or partial closing; or 33
189	189
190	190	(ii) The hospital files with the Commission a notice of intent to 34
191	191	convert to a freestanding medical facility. 35 SENATE BILL 741 5
192	192
193	193
194	194
195	195	(5) (i) The Commission shall establish by regulation requirements for 1
196	196	a public informational hearing required under paragraph (2) or (3) of this subsection. 2
197	197
198	198	(ii) For a hospital proposing to close, partially close, or convert to a 3
199	199	freestanding medical facility, the regulations shall require the hospital to address: 4
200	200
201	201	1. The reasons for the closure, partial closure, or conversion; 5
202	202
203	203	2. The plan for transitioning acute care services previously 6
204	204	provided by the hospital to residents of the hospital service area; 7
205	205
206	206	3. The plan for addressing the health care needs of the 8
207	207	residents of the hospital service area; 9
208	208
209	209	4. The plan for retraining and placing displaced employees; 10
210	210
211	211	5. The plan for the hospital’s physical plant and site; and 11
212	212
213	213	6. The proposed timeline for the closure, partial closure, or 12
214	214	conversion to a freestanding medical facility. 13
215	215
216	216	(6) Within 10 working days after a public informational hearing held by a 14
217	217	hospital under this subsection, the hospital shall provide a written summary of the hearing 15
218	218	to: 16
219	219
220	220	(i) The Governor; 17
221	221
222	222	(ii) The Secretary; 18
223	223
224	224	(iii) The governing body of the county in which the hospital is located; 19
225	225
226	226	(iv) The local health department and the local board of health or 20
227	227	similar body for the county in which the hospital is located; 21
228	228
229	229	(v) The Commission; and 22
230	230
231	231	(vi) Subject to § 2–1257 of the State Government Article, the Senate 23
232	232	Finance Committee, the House Health and Government Operations Committee, and the 24
233	233	members of the General Assembly who represent the district in which the hospital is 25
234	234	located. 26
235	235
236	236	(7) A CERTIFICATE OF NEED IS REQUIRED IF THE C LOSING OR 27
237	237	PARTIAL CLOSING OF T HE HEALTH CARE FACIL ITY WILL RESULT IN A DECREASE OF 28
238	238	FIVE OR MORE PSYCHIATRIC BEDS IN THE STATE. 29
239	239
240	240	SUBTITLE 25. FORENSIC MENTAL HEALTH TREATMENT. 30 6 SENATE BILL 741
241	241
242	242
243	243
244	244	24–2501. 1
245	245
246	246	(A) IN THIS SECTION, “WORKGROUP ” MEANS THE WORKGROUP ON 2
247	247	FORENSIC MENTAL HEALTH TREATMENT. 3
248	248
249	249	(B) THERE IS A WORKGROUP ON FORENSIC MENTAL HEALTH TREATMENT. 4
250	250
251	251	(C) THE WORKGROUP CONSISTS OF : 5
252	252
253	253	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 6
254	254
255	255	(2) THE CHIEF JUSTICE OF THE SUPREME COURT OF MARYLAND; 7
256	256
257	257	(3) ONE CIRCUIT COURT JUDGE, APPOINTED BY THE CHIEF JUSTICE 8
258	258	OF THE SUPREME COURT OF MARYLAND; 9
259	259
260	260	(4) ONE REPRESENTATIVE OF THE MENTAL HEALTH DIVISION OF 10
261	261	THE OFFICE OF THE PUBLIC DEFENDER, APPOINTED BY THE PUBLIC DEFENDER 11
262	262	OF MARYLAND; 12
263	263
264	264	(5) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH CARE 13
265	265	COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 14
266	266
267	267	(6) THE PRESIDENT OF THE MARYLAND STATE’S ATTORNEYS’ 15
268	268	ASSOCIATION, OR THE PRESIDENT’S DESIGNEE; 16
269	269
270	270	(7) THE EXECUTIVE DIRECTOR OF ON OUR OWN OF MARYLAND, OR 17
271	271	THE EXECUTIVE DIRECTOR’S DESIGNEE; AND 18
272	272
273	273	(8) THE PRESIDENT OF DISABILITY RIGHTS MARYLAND, OR THE 19
274	274	PRESIDENT’S DESIGNEE. 20
275	275
276	276	(D) THE SECRETARY AND THE CHIEF JUSTICE OF THE MARYLAND 21
277	277	SUPREME COURT SHALL COCHAIR T HE WORKGROUP . 22
278	278
279	279	(E) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE WORKGROUP . 23
280	280
281	281	(F) A MEMBER OF THE WORKGROUP : 24
282	282
283	283	(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 25
284	284	WORKGROUP ; BUT 26
285	285	SENATE BILL 741 7
286	286
287	287
288	288	(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 1
289	289	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 2
290	290	3
291	291	(G) (1) ON OR BEFORE OCTOBER 1, 2026, THE SECRETARY AND CHIEF 4
292	292	JUSTICE SHALL JOINTLY CREATE , IN CONSULTATION WITH THE WORKGROUP , A 5
293	293	DATA COLLECTION FORM FOR USE BY JUDGES IN A PROCEEDING RELATED T O 6
294	294	INCOMPETENCY TO STAND TRIAL. 7
295	295
296	296	(2) THE FORM SHALL INCLUD E: 8
297	297
298	298	(I) THE JUDGE PRESIDING OVER THE PROCEEDING ; 9
299	299
300	300	(II) THE EVALUATOR WORKING ON BEHALF OF THE 10
301	301	DEPARTMENT WHO EXAMINED THE DEF ENDANT AS PART OF TH E INCOMPETENCY 11
302	302	PROCEEDINGS ; 12
303	303
304	304	(III) THE CHARGES BROUGHT AGAINST THE DEFENDANT ; 13
305	305
306	306	(IV) THE EVALUATOR ’S OPINION ON THE DEF ENDANT’S 14
307	307	COMPETENCY AND DANGE ROUSNESS UNDER § 3–105 OF THE CRIMINAL 15
308	308	PROCEDURE ARTICLE; 16
309	309
310	310	(V) THE POSITION TAKEN BY THE STATE’S ATTORNEY AND 17
311	311	COUNSEL FOR THE DEFENDANT ON THE DEFENDANT’S COMPETENCY OR 18
312	312	DANGEROUSNESS ; 19
313	313
314	314	(VI) THE COURT’S DECISION ON THE COMP ETENCY AND 20
315	315	DANGEROUSNESS OF THE DEFENDANT; 21
316	316
317	317	(VII) IF THE COURT FOUND THE DEFENDANT INCOMP ETENT, 22
318	318	WHETHER THE COURT OR DERED THE DEFENDANT TO BE COMMI TTED TO A FACILITY 23
319	319	DESIGNATED BY THE DEPARTMENT OR THAT THE DEFENDAN T BE RELEASED; AND 24
320	320
321	321	(VIII) ANY OTHER INFORMATION IDENTIFIED BY THE SECRETARY 25
322	322	AND CHIEF JUSTICE. 26
323	323
324	324	(H) FOLLOWING THE CREATION OF THE FORM UNDER SU BSECTION (G) OF 27
325	325	THIS SECTION, THE CHIEF JUSTICE SHALL DIRECT THE COURTS TO : 28
326	326
327	327	(1) COMPLETE THE FORM FOLLOWING A PROCEEDI NG RELATED TO 29
328	328	INCOMPETENCY TO STAN D TRIAL; AND 30
329	329
330	330	(2) SUBMIT THE FORM TO THE DEPARTMENT . 31 8 SENATE BILL 741
331	331
332	332
333	333
334	334	(I) THE WORKGROUP SHALL MEET AT LEAST ANNUALLY TO REVIEW DATA 1
335	335	COLLECTED FROM THE SUBMITTED FORMS AND ANY OTHER RELEVA NT 2
336	336	INFORMATION . 3
337	337
338	338	(J) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2027, THE 4
339	339	WORKGROUP SHALL SUBMI T A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 5
340	340	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 6
341	341	ON: 7
342	342
343	343	(1) THE DATA COLLECTED USING THE FORMS SUBM ITTED UNDER 8
344	344	SUBSECTION (G) OF THIS SECTION; 9
345	345
346	346	(2) THE NEED FOR MORE PSYCHIATRIC BEDS IN THE STATE; 10
347	347
348	348	(3) THE NEED FOR INCREASE D OUTPATIENT COMPETE NCY 11
349	349	RESTORATION OPTIONS ; 12
350	350
351	351	(4) FUNDING RECOMMENDATIONS RELATED TO PARAGRAPH S (2) 13
352	352	AND (3) OF THIS SUBSECTION ; AND 14
353	353
354	354	(5) ANY OTHER FINDINGS OR RECOMMENDATIONS . 15
355	355
356	356	(K) THE WORKGROUP AND THE DEPARTMENT SHALL TAKE APPROPRIATE 16
357	357	PRECAUTIONS TO PROTE CT THE IDENTITY OF A JUDGE, AN EVALUATOR, AND A 17
358	358	DEFENDANT INCLUDED ON A FORM COMPLETED UNDER SUBSECTION (H) OF THIS 18
359	359	SECTION. 19
360	360
361	361	24–2502. 20
362	362
363	363	(A) IN THIS SECTION , “FUND” MEANS THE FORENSIC MENTAL HEALTH 21
364	364	TREATMENT FUND. 22
365	365
366	366	(B) THERE IS A FORENSIC MENTAL HEALTH TREATMENT FUND IN THE 23
367	367	DEPARTMENT . 24
368	368
369	369	(C) (1) THE COMPTROLLER SHALL COLLECT ALL FINES AND MONETARY 25
370	370	PENALTIES REMITTED TO THE FUND BY THE COURTS UNDER § 3–106 OF THE 26
371	371	CRIMINAL PROCEDURE ARTICLE. 27
372	372
373	373	(2) THE COMPTROLLER SHALL DIS TRIBUTE THE FINES AND 28
374	374	MONETARY PENALTIES TO THE FUND. 29
375	375	SENATE BILL 741 9
376	376
377	377
378	378	(D) THE PURPOSE OF THE FUND IS TO PROVIDE SUPPORT F OR INCREASING 1
379	379	THE TOTAL NUMBER OF LICENSED PSYCHIATRIC BEDS IN THE STATE. 2
380	380
381	381	(E) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 3
382	382
383	383	(F) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
384	384	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
385	385
386	386	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 6
387	387	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
388	388
389	389	(G) THE FUND CONSISTS OF : 8
390	390
391	391	(1) FINES AND MONETARY PENALTIES DISTRIBUTED TO THE FUND 9
392	392	UNDER SUBSECTION (C) OF THIS SECTION; 10
393	393
394	394	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 11
395	395
396	396	(3) INTEREST EARNINGS; AND 12
397	397
398	398	(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 13
399	399	THE BENEFIT OF THE FUND. 14
400	400
401	401	(H) THE FUND MAY BE USED ONLY FOR PURPOSES DESIGNED TO INCREASE 15
402	402	THE TOTAL NUMBER OF LICENSED PSYCHIATRIC BEDS IN THE STATE. 16
403	403
404	404	(I) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 17
405	405	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 18
406	406
407	407	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 19
408	408	THE FUND. 20
409	409
410	410	(J) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 21
411	411	WITH THE STATE BUDGET . 22
412	412
413	413	(K) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS NOT 23
414	414	INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 24
415	415	APPROPRIATED FOR INCREASING THE TOTAL NUMBER OF LICENSED PSYCHI ATRIC 25
416	416	BEDS IN THE STATE. 26
417	417
418	418	(L) THE DEPARTMENT SHALL ADOP T REGULATIONS ON THE DISTRIBUTION 27
419	419	OF FUNDS FROM THE FORENSIC MENTAL HEALTH TREATMENT FUND. 28
420	420
421	421	Article – State Finance and Procurement 29 10 SENATE BILL 741
422	422
423	423
424	424
425	425	6–226. 1
426	426
427	427	(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 2
428	428	through 2028. 3
429	429
430	430	2. Notwithstanding any other provision of law, and unless 4
431	431	inconsistent with a federal law, grant agreement, or other federal requirement or with the 5
432	432	terms of a gift or settlement agreement, net interest on all State money allocated by the 6
433	433	State Treasurer under this section to special funds or accounts, and otherwise entitled to 7
434	434	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 8
435	435	Fund of the State. 9
436	436
437	437	(ii) The provisions of subparagraph (i) of this paragraph do not apply 10
438	438	to the following funds: 11
439	439
440	440	204. the Victims of Domestic Violence Program Grant Fund; 12
441	441	[and] 13
442	442
443	443	205. the Proposed Programs Collaborative Grant Fund; AND 14
444	444
445	445	206. THE FORENSIC MENTAL HEALTH TREATMENT FUND. 15
446	446
447	447	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
448	448	October 1, 2025. 17