EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0827*
SENATE BILL 827
E3, E4 5lr3347
CF 5lr2437
By: Senators Love, Benson, Hettleman, and Muse
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Confinement and Restrictive Housing – Limitations 2
FOR the purpose of limiting the circumstances under which an incarcerated minor may be 3
involuntarily placed in restrictive housing; authorizing a correctional facility to place 4
a minor in restrictive housing at the minor’s request; establishing certain 5
requirements for detaining, confining, or transporting a child; requiring the 6
Department of Juvenile Services to notify a sentencing court within a certain period 7
of time of a child reaching 18 years of age and requiring the sentencing court to hold 8
a hearing and enter an order transferring the child to certain other facilities on the 9
child reaching a certain age; and generally relating to the placement of minors in 10
restrictive housing and the confinement of juveniles. 11
BY repealing and reenacting, with amendments, 12
Article – Correctional Services 13
Section 9–614.1 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 3–8A–16 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Criminal Procedure 23
Section 4–202(h) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2024 Supplement) 26
2 SENATE BILL 827
SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
9–614.1. 4
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 5
subtitle. 6
(b) This section applies to a facility operated by a correctional unit, as defined in 7
§ 2–401 of this article. 8
(c) A MINOR MAY NOT BE PLA CED IN RESTRICTIVE H OUSING SOLELY FOR 9
THE PURPOSES OF DISC IPLINE, PUNISHMENT , ADMINISTRATIVE CONVE NIENCE, 10
RETALIATION, OR STAFFING SHORTAGE S. 11
(D) (1) A minor may [not] be placed in restrictive housing [unless] AS A 12
TEMPORARY MEASURE IF: 13
(I) the managing official of the facility finds by clear and convincing 14
evidence that there is an immediate and substantial risk: 15
[(1)] 1. of physical harm to the minor, other incarcerated 16
individuals, or staff; or 17
[(2)] 2. to the security of the facility; 18
(II) THERE ARE NO OTHER R EASONABLE MEANS TO E LIMINATE 19
THE RISK; 20
(III) RESTRICTIVE HOUSING IS USED ONLY TO THE EXTENT 21
NECESSARY TO ELIMINA TE THE IDENTIFIED RISK; 22
(IV) RESTRICTIVE HOUSING OCCURS UNDER THE LEA ST 23
RESTRICTIVE CONDITIO NS PRACTICABLE AND C ONSISTENT WITH THE R ATIONALE 24
FOR THE MINOR ’S PLACEMENT IN RESTR ICTIVE HOUSING ; 25
(V) FACILITY STAFF PROMP TLY NOTIFIES THE MIN OR OF THE 26
RATIONALE FOR THE MINOR ’S PLACEMENT IN RESTR ICTIVE HOUSING; AND 27
(VI) FACILITY STAFF DEVEL OPS A PLAN THAT WILL ALLOW THE 28
MINOR TO LEAVE RESTR ICTIVE HOUSING AND R ETURN TO THE GENERAL 29
POPULATION AS SOON A S POSSIBLE. 30
SENATE BILL 827 3
(2) (I) A HEALTH CARE OR MENTA L HEALTH CAR E PROVIDER 1
SHALL CONDUCT A MENT AL HEALTH SCREENING OF A MINOR PLACED IN 2
RESTRICTIVE HOUSING UNDER THIS SUBSECTIO N WITHIN 1 HOUR OF THE MINOR ’S 3
PLACEMENT . 4
(II) FOLLOWING THE MENTAL HEALTH SCREENING CON DUCTED 5
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE CORRECTIONAL FACILIT Y 6
SHALL PROVIDE THE MI NOR WITH ANY NECESSA RY MENTAL HEALTH SER VICES. 7
(3) A MINOR PLACED IN REST RICTIVE HOUSING UNDE R THIS 8
SUBSECTION SHALL BE HOUSED IN RESTRICTIV E HOUSING FOR THE SH ORTEST 9
AMOUNT OF TIME NECES SARY, NOT TO EXCEED 6 HOURS. 10
(4) AT THE END OF THE TIM E PERIOD DESCRIBED U NDER 11
PARAGRAPH (3) OF THIS SUBSECTION , A CORRECTIONAL FACIL ITY SHALL: 12
(I) RETURN THE MINOR TO THE GENERAL POPULATI ON; 13
(II) TRANSPORT THE MINOR TO A MENTAL HEALTH F ACILITY IF 14
RECOMMENDED BY A MENTAL HEALTH PROFES SIONAL; 15
(III) TRANSFER THE MINOR T O THE MEDICAL UNIT I N THE 16
FACILITY; OR 17
(IV) PROVIDE SPECIAL INDI VIDUALIZED PROGRAMMI NG 18
OUTSIDE OF RESTRICTI VE HOUSING THAT MAY INCLUDE: 19
1. IN–PERSON SUPERVISION B Y AND INTERACTION WI TH 20
STAFF MEMBERS; 21
2. IN–PERSON PROVISION OF EDUCATIONAL SERVICES ; 22
3. INVOLVEMENT OF THE M INOR IN OTHER ASPECT S OF 23
THE FACILITY’S PROGRAMMING , UNLESS THE INVOLVEME NT THREATENS THE 24
SAFETY OF THE MINOR OR STAFF OR THE SECU RITY OF THE FACILITY ; 25
4. DEVELOPMENT OF AN INDI VIDUALIZED PLAN TO 26
IMPROVE THE MINOR ’S BEHAVIOR, CREATED IN CONSULTAT ION WITH THE MINOR , 27
MENTAL HEALTH CARE O R HEALTH CARE STAFF , AND THE MINOR ’S FAMILY 28
MEMBERS, THAT IDENTIFIES THE CAUSES AND PURPOSES OF THE NEGATIVE 29
BEHAVIOR AND ESTAB LISHES CONCRETE GOAL S THAT THE MINOR CAN WORK 30
TOWARD IN ORDER TO B E REMOVED FROM SPECI AL PROGRAMMING ; AND 31
4 SENATE BILL 827
5. DAILY REVIEW WITH TH E MINOR OF THE MINOR ’S 1
PROGRESS TOWARD GOAL S OUTLINED IN THE IN DIVIDUALIZED PLAN . 2
(E) (1) A MINOR MAY BE PLACED IN RESTRICTIVE HOUSING AT TH E 3
MINOR’S REQUEST. 4
(2) A MINOR PLACED IN REST RICTIVE HOUSING UNDE R THIS 5
SUBSECTION MAY REVOK E A REQUEST TO BE PL ACED IN RESTRICTIVE HOUSING AT 6
ANY TIME AND, IF REVOKED, THE MINOR SHALL BE I MMEDIATELY RETURNED TO THE 7
GENERAL POPULATIO N. 8
[(d)] (F) A minor placed in restrictive housing shall be provided: 9
(1) [daily physical and mental health assessments to determine whether 10
the minor may be released from restrictive housing; 11
(2)] the same standard of access that is provided to incarcerated individuals 12
not in restrictive housing to: 13
(i) phone calls; 14
(ii) visits; 15
(iii) mail; 16
(iv) food; 17
(v) water; 18
(vi) showers; 19
(vii) sanitary supplies; 20
(viii) property, including clothing and bedding; and 21
(ix) medical, mental, and dental health care; and 22
[(3)] (2) unless it would pose a risk of physical harm to the minor or 23
another, maximized access to recreation, education, and programming. 24
[(e)] (G) If a privilege or condition described in subsection [(d)] (F) of this section 25
is not provided to the minor, the managing official or the managing official’s designee shall 26
record the reason in the minor’s file. 27
Article – Courts and Judicial Proceedings 28
SENATE BILL 827 5
3–8A–16. 1
[(a) The official in charge of a jail or other facility for the detention of adult 2
offenders or persons charged with crime shall inform the court or the intake officer 3
immediately when a person, who is or appears to be under the age of 18 years, is received 4
at the facility and shall deliver him to the court upon request or transfer him to the facility 5
designated by the intake officer or the court, unless the court has waived its jurisdiction 6
with respect to the person and he is being proceeded against as an adult. 7
(b) When a case is transferred to another court for criminal prosecution, the child 8
shall promptly be transferred to the appropriate officer or adult detention facility in 9
accordance with the law governing the detention of persons charged with crime.] 10
(A) A CHILD, INCLUDING ONE SUBJEC T TO ADULT CRIMINAL COURT 11
JURISDICTION, WHO HAS BEEN CONVICT ED OF A CRIME OR IS AWAITING TRIAL ON 12
CRIMINAL CHARGES , MAY NOT BE DETAINED OR CONFINED IN ANY I NSTITUTION IN 13
WHICH THE CHILD HAS CONTACT WITH OR COME S WITHIN SIGHT OR SO UND OF AN 14
INCARCERATED ADULT . 15
(B) A CHILD WHO HAS BEEN C ONVICTED OF OR IS AW AITING TRIAL FOR AN 16
OFFENSE UNDER ADULT JURISDICTION MAY NOT BE HELD IN CUSTODY I N AN ADULT 17
CORRECTIONAL FACILIT Y. 18
(C) (1) THE DEPARTMENT SHALL NOTI FY THE SENTENCING CO URT AND 19
THE STATE’S ATTORNEY WITHIN 180 DAYS, OR AS SOON AS OTHERW ISE 20
PRACTICABLE , BEFORE A CHILD WHO I S IN THE CUSTODY OF THE DEPARTMENT 21
REACHES 18 YEARS OF AGE. 22
(2) ON THE SENTENCING COU RT’S RECEIPT OF A NOTIF ICATION 23
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE SENTENCING COURT SHALL SET 24
THE MATTER FOR A HEARI NG BEFORE THE CHILD REACHES 18 YEARS OF AGE AND 25
SHALL ENTER AN ORDER TRANSFERRING THE CHI LD, ON THE CHILD REACHIN G 18 26
YEARS OF AGE, TO AN ADULT CORRECTI ONAL FACILITY, FACILITY FOR YOUTHFU L 27
OFFENDERS, IF APPLICABLE , OR ANY DISPOSITION T HE COURT CONSIDERS 28
APPROPRIATE THAT DOE S NOT VIOLATE THIS S ECTION. 29
(3) THE SENTENCING COURT MAY NOT REMAND A PER SON WHO HAS 30
REACHED 18 YEARS OF AGE TO A JU VENILE FACILITY OR P LACE THE PERSON WITH 31
OTHER JUVENILES . 32
[(c)] (D) A child may not be transported together with adults who have been 33
charged with or convicted of a crime [unless the court has waived its jurisdiction and the 34
child is being proceeded against as an adult]. 35
6 SENATE BILL 827
Article – Criminal Procedure 1
4–202. 2
(h) [(1)] Pending a determination under this section to transfer its jurisdiction, 3
the court shall order the child to be held in a secure juvenile facility unless[: 4
(i)] the child is released on bail, recognizance, or other conditions of 5
pretrial release[; 6
(ii) there is not available capacity in a secure juvenile facility, as 7
determined by the Department of Juvenile Services; or 8
(iii) the court finds that detention in a secure juvenile facility would 9
pose a risk of harm to the child or others. 10
(2) If the court makes a finding under paragraph (1)(iii) of this subsection 11
that detention in a secure juvenile facility would pose a risk of harm to the child or others, 12
the court shall state the reasons for the finding on the record]. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15