Md. Code, Correctional Services § 9-101
(a) In this subtitle the following words have the meanings indicated.
(b) “Commissioner” means the Commissioner of Correction.
(c) “Division” means the Division of Correction.
Md. Code, Correctional Services, Title 9
Md. Code, Correctional Services, Title 9
in effectMd. Code, Correctional Services § 9-102
This subtitle applies to any judge of the circuit court for a county or of the District Court.
Md. Code, Correctional Services § 9-103
(a) (1) Notwithstanding any other law, a judge who sentences an individual to imprisonment for an offense for which a law requires the imprisonment be served at a specific State correctional facility shall sentence the individual to the jurisdiction of the Division.
(2) The judge shall commit the individual to the custody of the Commissioner and cause the individual to be delivered to the Commissioner for imprisonment.
(3) If a law refers to the sentencing of an incarcerated individual to or confinement of an incarcerated individual in a specific correctional facility in the Division, the reference shall be construed to mean sentencing of an incarcerated individual to the jurisdiction of or confinement of an incarcerated individual in the Division rather than the specific correctional facility.
(b) Each individual sentenced to the jurisdiction of the Division and each individual still in confinement under a sentence imposed before June 1, 1967, shall be held by, confined in, assigned to, or transferred to:
(1) a correctional facility in the Division, as the Division orders; or
(2) if convenient and practical, a barracks of the Department of State Police.
Md. Code, Correctional Services § 9-104
(a) This section does not apply to an individual sentenced in Baltimore City.
(b) Notwithstanding any other law, a judge may not sentence an individual to the jurisdiction of the Division for 12 months or less unless:
(1) the sentence is for an offense committed by an incarcerated individual in a correctional facility under the jurisdiction of the Division; and
(2) the incarcerated individual is still under the jurisdiction of the Division.
Md. Code, Correctional Services § 9-105
Notwithstanding any other law, a judge may sentence an individual to a local correctional facility if:
(1) the sentence to be then executed is for a period of not more than 18 months; and
(2) the judge imposing the sentence is in a jurisdiction that is a party to the operation and maintenance of the local correctional facility to which the individual is sentenced.
Md. Code, Correctional Services § 9-106
(a) This section applies only in Baltimore City.
(b) Notwithstanding any other law, a judge who imposes a sentence of imprisonment on an individual shall commit the individual to the custody of the Commissioner of Correction.
(c) A judge who commits an individual to custody for any purpose other than service of a sentence shall commit the individual to the custody of the Commissioner of Pretrial Detention and Services.
Md. Code, Correctional Services § 9-201
(a) (1) In this section the following words have the meanings indicated.
(2) “Sexual offense” means:
(i) a violation of:
1. § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017; or
2. § 3–307, § 3–308, § 3–309, or § 3–310 of the Criminal Law Article or the former § 3–311 or § 3–312 of the Criminal Law Article as the sections existed on September 30, 2017; or
(ii) an attempt to violate:
1. § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, as a principal or an aider or abettor; or
2. § 3–307 or § 3–308 of the Criminal Law Article as a principal or an aider or abettor.
(3) “State correctional facility” does not include:
(i) the Patuxent Institution; or
(ii) the Baltimore City Detention Center.
(b) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was serving a sentence in a State or local correctional facility, the sentence for the sexual offense shall run consecutive to the sentence that the incarcerated individual was serving at the time of the sexual offense.
(c) (1) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, before the imposition of the sentence for the sexual offense, the incarcerated individual was sentenced to a term of imprisonment for the charge for which the incarcerated individual was being held at the time of the sexual offense, the sentence imposed for the sexual offense shall run consecutive to the sentence imposed for the charge for which the incarcerated individual was being held at the time of the sexual offense.
(2) If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, at the time that the sentence for the sexual offense is imposed, the incarcerated individual has not been sentenced on the other charge, any sentence of imprisonment eventually imposed for the other charge shall run consecutive to the sentence imposed for the sexual offense.
Md. Code, Correctional Services § 9-202
(a) (1) In this section the following words have the meanings indicated.
(2) “Division custody” means confinement resulting from a sentence to the jurisdiction of the Division of Correction.
(3) (i) “Non–Division custody” means any postsentencing criminal confinement other than Division custody.
(ii) “Non–Division custody” includes confinement resulting from a sentence to:
1. a local correctional facility; or
2. a correctional facility in a foreign jurisdiction.
(b) (1) A sentence to a term of Division custody that is imposed consecutive to a term of Non–Division custody shall begin when the individual is released from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
(2) A sentence to a term of Non–Division custody that is imposed consecutive to a term of Division custody shall begin when the individual is released from Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
(c) A sentence imposed consecutive to a term of confinement for which the defendant is on parole shall begin:
(1) if, at the time of sentencing, parole is revoked, on expiration of the original term of confinement; or
(2) if parole is not revoked, on the date that the consecutive sentence was imposed.
(d) An incarcerated individual under a sentence to a term of Division custody that is concurrent or partially concurrent to a term of Non–Division custody shall be subject to Division custody immediately on release from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
Md. Code, Correctional Services § 9-301
If a criminal case is removed from one county to another and the defendant is detained in a correctional facility, the defendant may not be transferred to the county to which the case was removed until the presence of the defendant is required in the court to which the case was removed.
Md. Code, Correctional Services § 9-302
(a) If an individual whose trial has been removed is convicted of a crime punishable by imprisonment in a local correctional facility, any sentence of imprisonment imposed by a court shall be to a local correctional facility of the county from which the case was removed.
(b) The sheriff of the county in which the conviction occurred shall place the individual who was convicted and a certified copy of the docket entries in the case in the custody of the sheriff of the county in which the charging document was filed.
Md. Code, Correctional Services § 9-303
The Commissioner of Correction may accept the transfer of an incarcerated individual from a local correctional facility if:
(1) the incarcerated individual requires special behavioral or medical treatment or maximum security detention;
(2) the local correctional facility is not equipped to properly provide the necessary treatment or detention; and
(3) when required by any other law, the committing court approves the transfer.
Md. Code, Correctional Services § 9-304
By mutual agreement with a county or counties, the Commissioner of Correction may transfer a minimum security incarcerated individual to a local correctional facility operated by the county or counties for participation in community–oriented correctional programs.
Md. Code, Correctional Services § 9-305
(a) This section does not apply to the transfer of an incarcerated individual that is:
(1) in accordance with a court order; and
(2) in connection with a pending judicial proceeding.
(b) Notwithstanding any other law, an incarcerated individual of a maximum or medium security correctional facility in the Division of Correction may not be transferred to a minimum security correctional facility in the Division of Correction or a local correctional facility unless the case management unit of the Division of Correction participates in, evaluates, reviews, and provides final approval for the transfer.
(c) The Commissioner of Correction shall adopt regulations necessary to carry out this section.
Md. Code, Correctional Services § 9-306
The Commissioner of Correction may contract with the federal government for the transfer of incarcerated individuals from correctional facilities in the Division of Correction to appropriate facilities operated by or for the federal government.
Md. Code, Correctional Services § 9-307
(a) On terms and conditions that it prescribes, the Division of Correction may accept custody of any individual who is sentenced to the jurisdiction of the Division of Correction by the United States District Court for the District of Maryland.
(b) While in a State correctional facility, an individual who is sentenced by the United States District Court for the District of Maryland to the jurisdiction of the Division of Correction is subject to the same rules and discipline that are applicable to incarcerated individuals sentenced by State courts to the jurisdiction of the Division.
Md. Code, Correctional Services § 9-308
If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may authorize, on behalf of the State and subject to the terms of the treaty, the Commissioner of Correction to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the State in the treaty.
Md. Code, Correctional Services § 9-402
(a) In this section, “sentenced incarcerated individuals” means those incarcerated individuals confined in a local correctional facility after being sentenced to the custody of the local correctional facility for more than 12 months and not more than 18 months.
(b) Subject to subsection (d) of this section, for each fiscal year the State shall provide each county a grant equal to at least $45 for each day from the end of the 12th month through the end of the 18th month that a sentenced incarcerated individual was confined in a local correctional facility during the second preceding fiscal year.
(c) Subject to subsection (d) of this section, for each fiscal year the State shall provide each county a grant equal to at least $45 for each day:
(1) after the first day through the day of release that an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction was confined in a local correctional facility during the second preceding fiscal year; or
(2) that an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction received reentry or other prerelease programming and services from a local correctional facility during the second preceding fiscal year.
(d) (1) On or before October 1 of each year, each county shall submit to the Department incarcerated individual days reports for the previous fiscal year.
(2) If a county fails to submit the information required under paragraph (1) of this subsection when due, the Department shall deduct an amount equal to 20% of the grant under subsection (b) of this section for each 30 days or part of 30 days after the due date that the information has not been submitted.
Md. Code, Correctional Services § 9-405
After each fiscal year the State shall reimburse a county for medical expenses that exceed $25,000 for each incarcerated individual confined in a local correctional facility, regardless of whether the incarcerated individual has been sentenced.
Md. Code, Correctional Services § 9-501
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “County roads authority” means the governmental entity that has control of the public roads of a county.
(2) “County roads authority” includes, in a county in which the board of county commissioners has control of the public roads of the county, the board of county commissioners.
(c) “Public roads” includes highways, roads, bridges, and streets under the jurisdiction of the State or a county or municipal corporation of the State.
Md. Code, Correctional Services § 9-502
It is the policy of the State that, because of the enforced idleness of incarcerated individuals, it is necessary and desirable that useful work on projects in the State be found for incarcerated individuals and that those incarcerated individuals who may be used safely for maintenance, construction, or reconstruction projects shall be assigned that work.
Md. Code, Correctional Services § 9-503
(a) The county roads authority may employ on the public roads of the county male incarcerated individuals who have been sentenced to terms of imprisonment in a local correctional facility in the county who the county roads authority finds are physically able to perform the work.
(b) On the written order of the board of county commissioners or the county executive of a county, the managing official of a local correctional facility in the county shall send, under a competent guard, the number of able–bodied incarcerated individuals who have been sentenced to terms of imprisonment in the local correctional facility that the county requires, to work on public roads of the county, including the adjacent land areas of municipal corporations in the county, or in any quarry, pit, or yard in preparing materials for use on public roads of the county.
(c) While employing incarcerated individuals as authorized under this section, the county roads authority shall provide for the guarding, transporting, lodging, feeding, and medical care of the incarcerated individuals.
(d) The governing body of the county shall reimburse the managing official out of the county fund for the expenses incurred in transporting the incarcerated individuals to and from the work site and in properly guarding the incarcerated individuals at the work site while at work under the direction of a county road representative and under the regulations that the managing official considers necessary for the health and safe custody of the incarcerated individuals.
Md. Code, Correctional Services § 9-504
(a) (1) A county roads authority may request that the Division of Correction furnish incarcerated individuals who may be profitably employed in the repair or construction of public roads of the county.
(2) After receiving a request from the county roads authority, the Division of Correction shall furnish the number of requested incarcerated individuals who are available to work on the public roads of the county.
(b) (1) Subject to paragraph (2) of this subsection and subsection (c) of this section, the Division of Correction shall provide for the guarding, transporting, lodging, feeding, clothing, and medical care of State incarcerated individuals employed on public roads of a county.
(2) When State incarcerated individuals are employed in the same work force as incarcerated individuals of a county that requested that the Division of Correction furnish State incarcerated individuals:
(i) the Division of Correction shall furnish all necessary guards at the expense of the county roads authority; and
(ii) the county roads authority shall provide for the lodging, feeding, and medical care of the incarcerated individuals as required by § 9–503(c) of this subtitle.
(c) The county roads authority shall reimburse the Division of Correction for all expenses incurred in guarding, transporting, and maintaining State incarcerated individuals who are furnished for work on public roads of the county at the request of the county roads authority.
(d) (1) A county roads authority using State incarcerated individuals as provided in this section shall pay to the Division of Correction the daily amount contractually agreed on by the county roads authority and the Division of Correction for each day that a State incarcerated individual works on public roads of the county.
(2) The Division of Correction shall hold the payments made under this section to the credit of each incarcerated individual under applicable law.
(e) The county roads authority may use money appropriated to construct county or State aid roads under its jurisdiction as necessary to maintain the incarcerated individual work force and to pay for the materials and equipment used by the incarcerated individual work force.
Md. Code, Correctional Services § 9-505
(a) The State Highway Administration may apply to the Division of Correction for a State incarcerated individual work force to be used to construct and maintain State highways.
(b) For the purpose of this section, the State Highway Administration is subject to the requirements and conditions of this subtitle that apply to a county roads authority.
Md. Code, Correctional Services § 9-506
The Division of Correction may adopt regulations, applicable to each incarcerated individual who is employed in public work under this subtitle, that grant an additional good behavior allowance to the incarcerated individual conditioned on the incarcerated individual’s good deportment and compliance with the regulations adopted by the Division of Correction for the management and control of incarcerated individuals employed in public work.
Md. Code, Correctional Services § 9-507
(a) The provisions of this section and §§ 9–508 through 9–514 of this subtitle do not apply to:
(1) the Baltimore City Detention Center;
(2) the Mayor and City Council of Baltimore; or
(3) the public roads of Baltimore City.
(b) Each male incarcerated individual of a State or local correctional facility may be required to work on public roads in accordance with §§ 9–508 through 9–514 of this subtitle.
Md. Code, Correctional Services § 9-508
(a) The Governor may require that the Commissioner of Correction certify to the Governor the number of male incarcerated individuals who are confined in correctional facilities in the Division of Correction and who are available and physically able to work on public roads of the State.
(b) If the governing body of a county or municipal corporation desires that incarcerated individuals of a correctional facility under its jurisdiction work on public roads of the State, the governing body may certify to the Governor the number of male incarcerated individuals who are available and physically able to perform the work.
Md. Code, Correctional Services § 9-509
(a) On receipt of a certification required under § 9–508 of this subtitle, the Governor may assign to the State Highway Administration as many of the incarcerated individuals certified to the Governor as the State Highway Administration can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.
(b) The State Highway Administration shall employ the incarcerated individuals assigned by the Governor under this section.
Md. Code, Correctional Services § 9-510
(a) The governing body of a county or municipal corporation may request that the Governor furnish the number of incarcerated individuals that the county or municipal corporation can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.
(b) After the Governor has assigned incarcerated individuals to the State Highway Administration under § 9–509 of this subtitle, from the remaining incarcerated individuals certified to the Governor under § 9–508 of this subtitle, the Governor may assign the number of incarcerated individuals that the Governor considers equitable among counties and municipal corporations requesting incarcerated individuals under subsection (a) of this section.
Md. Code, Correctional Services § 9-511
(a) The Division of Correction shall provide, or make arrangements that it considers to be adequate and proper to provide, for the guarding, transporting, lodging, feeding, clothing, and medical and other care of incarcerated individuals while the incarcerated individuals are working on public roads under §§ 9–508 through 9–514 of this subtitle.
(b) The Division of Correction may adopt regulations as necessary to carry out §§ 9–508 through 9–514 of this subtitle.
(c) (1) For incarcerated individuals assigned to the State Highway Administration under § 9–509 of this subtitle, the State shall pay the expenses incurred under subsection (a) of this section.
(2) For incarcerated individuals assigned to a municipal corporation or county under § 9–510 of this subtitle, the municipal corporation or county shall pay the expenses incurred under subsection (a) of this section under arrangements made with, or satisfactory to, the Division of Correction.
Md. Code, Correctional Services § 9-512
(a) For each incarcerated individual assigned to and employed by the State Highway Administration or a county or municipal corporation, respectively, under § 9–509 or § 9–511 of this subtitle, the State Highway Administration, county, or municipal corporation shall pay to the Division of Correction the daily sum agreed on with the Division of Correction for each day that the incarcerated individual is employed.
(b) (1) Except as provided in paragraph (2) of this subsection, from the payments made under subsection (a) of this section, the Division of Correction:
(i) shall hold an amount, as determined by the Division, to the credit of the incarcerated individual on whose account the payments were made; and
(ii) on release or discharge of the incarcerated individual, shall pay to the incarcerated individual those payments held by the Division to the credit of the incarcerated individual.
(2) If the Division of Correction finds that the wife, child, or other dependent of an incarcerated individual needs financial support, the Division may pay all or part of the payments made under subsection (a) of this section, as the Division considers proper, to the dependent.
(c) The Division of Correction may adopt regulations as necessary to govern the collection and disbursement of payments made under this section.
Md. Code, Correctional Services § 9-513
An incarcerated individual working on public roads under §§ 9–508 through 9–514 of this subtitle is entitled to the same deductions or allowances for good behavior, observance of discipline and rules, and diligent and faithful labor, and is subject to the same forfeitures or punishments for bad behavior and other violations that otherwise apply to incarcerated individuals under the laws of the State.
Md. Code, Correctional Services § 9-514
(a) (1) All expenses incurred and disbursements made by the Division of Correction under § 9–511 of this subtitle for the guarding, transporting, lodging, feeding, clothing, and medical and other care of incarcerated individuals working under §§ 9–508 through 9–513 of this subtitle for the State Highway Administration shall be paid out of money in the Treasury that has not been otherwise appropriated and is available for those purposes or, subject to paragraph (2) of this subsection, out of money appropriated for those purposes.
(2) (i) The Division of Correction may not pay the expenses specified in paragraph (1) of this subsection out of money appropriated for those purposes unless the Governor approves the payment and orders the Comptroller to make the payment.
(ii) The Comptroller shall draw a warrant on the Treasury, as otherwise provided by law, for the amount ordered by the Governor.
(b) A county or municipal corporation to which incarcerated individuals have been assigned under § 9–510 of this subtitle may make any appropriations, assessments, and levies necessary to enable the county or municipal corporation to pay the expenses and payments authorized or required under §§ 9–508 through 9–513 of this subtitle.
(c) The payments required to be made by the State Highway Administration under § 9–512 of this subtitle shall be paid out of the State Highway Administration’s appropriation.
Md. Code, Correctional Services § 9-516
(a) The Board of County Commissioners of Carroll County may employ an incarcerated individual who is serving a term of confinement in the Carroll County Detention Center to perform any public service that Carroll County routinely provides to the citizens of the County.
(b) The Sheriff of Carroll County, in consultation with and on the approval of the Board of County Commissioners of Carroll County, shall adopt regulations governing the incarcerated individual employment program authorized under this section, including supervision of incarcerated individuals and security of the public and the Detention Center.
(c) For each calendar month during which an incarcerated individual shows satisfactory industry, application, and progress in special selected work projects, the incarcerated individual may be allowed a deduction of not more than 5 days of the incarcerated individual’s term of confinement.
(d) The Board of County Commissioners of Carroll County may:
(1) authorize payment to incarcerated individuals employed as provided under this section based on the normal rate of pay for the job performed; and
(2) deduct from payments to incarcerated individuals the costs of providing the employment, training, and confinement.
Md. Code, Correctional Services § 9-517
(a) At the request of the Board of County Commissioners of Somerset County or the mayor and city council of a municipal corporation in Somerset County, the Division of Correction shall supply incarcerated individuals, if reasonably available, to work on projects to develop, improve, and maintain public areas, parks, and recreation areas in the County or municipal corporation.
(b) The other provisions of this subtitle apply to employment of incarcerated individuals under this section.
Md. Code, Correctional Services § 9-519
(a) Subject to subsection (b) of this section, at the request of another unit of State government, the Division of Correction may provide incarcerated individuals for labor on State work projects if the Division of Correction considers the placement expedient and proper.
(b) The Division of Correction may provide incarcerated individuals for a work project only if the unit of State government that requests the incarcerated individuals agrees to the terms and conditions that the Division of Correction specifies.
Md. Code, Correctional Services § 9-520
(a) After reaching an agreement with the Department of State Police regarding the custody, supervision, transportation, and subsistence of incarcerated individuals, the Division of Correction or the managing official of a local correctional facility may assign incarcerated individuals who have been sentenced to imprisonment to perform labor or provide services in and about the facilities of the Department of State Police.
(b) An incarcerated individual who escapes while assigned to perform labor or provide services under this section is guilty of escape under § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 9-601
(a) (1) In this section the following words have the meanings indicated.
(2) “Labor” means, as determined by the medical professional responsible for the care of the incarcerated individual or detainee, the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(3) “Physical restraint” means a restraint or device used to control or bind the movement of any part of an individual’s body or limbs.
(4) “Postpartum recovery” means the period immediately following delivery as determined by the medical professional responsible for the care of the incarcerated individual, including the entire period during which the incarcerated individual is in the hospital or infirmary after a birth.
(b) If a representation is made to the managing official of a correctional facility in the Department that an incarcerated individual in the correctional facility is pregnant and about to give birth, the managing official:
(1) a reasonable time before the anticipated birth, shall make an investigation; and
(2) if the facts require, shall recommend through the Maryland Parole Commission that the Governor exercise executive clemency.
(c) Without notice, the Governor may:
(1) parole the incarcerated individual;
(2) commute the incarcerated individual’s sentence; or
(3) suspend the execution of the incarcerated individual’s sentence for a definite period or from time to time.
(d) If the Governor suspends the execution of an incarcerated individual’s sentence, the managing official of the correctional facility:
(1) a reasonable time before the anticipated birth, shall have the incarcerated individual transferred from the correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and
(2) shall require the incarcerated individual to be returned to the correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.
(e) A physical restraint may not be used on an incarcerated individual while the incarcerated individual is in labor or during delivery, except as determined by the medical professional responsible for the care of the incarcerated individual.
(f) (1) Subject to paragraph (2) of this subsection, a physical restraint may not be used on an incarcerated individual known to be pregnant or in postpartum recovery.
(2) A physical restraint may be used on an incarcerated individual known to be pregnant or in postpartum recovery if:
(i) the managing official of a correctional facility, the managing official’s designee, or a local sheriff makes an individualized determination, which shall be recorded on the transport or medical record of the incarcerated individual, that a physical restraint is required to ensure the safety and security of the incarcerated individual, the staff of the correctional facility or medical facility, other incarcerated individuals, or the public according to policies and procedures adopted by the Department and the managing official of a local correctional facility or the managing official of the agency designated to transport incarcerated individuals; and
(ii) the physical restraint is the least restrictive necessary and does not include waist or leg restraints.
(3) Notwithstanding paragraph (2) of this subsection, if a doctor, nurse, or other health professional treating an incarcerated individual known to be pregnant or in postpartum recovery requests that physical restraints not be used, the correctional officer or other law enforcement officer accompanying the incarcerated individual shall immediately remove all physical restraints.
(4) The Department and the managing official of each local correctional facility or the managing official of the agency designated to transport incarcerated individuals shall develop a policy for use at each correctional facility that:
(i) requires a physical restraint used on a pregnant incarcerated individual during transport to be the least restrictive necessary; and
(ii) establishes a method for reporting the use of physical restraints on pregnant incarcerated individuals.
(g) (1) The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s transfer under subsection (d)(1) of this section shall be paid:
(i) by the incarcerated individual;
(ii) by relatives or friends of the incarcerated individual; or
(iii) from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.
(2) If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:
(i) the county from which the incarcerated individual was committed is responsible for payment of the expenses; and
(ii) the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article.
(h) (1) After receiving proof from the father or other relative of the child of the ability to properly care for the child, the Department may order that the father or other relative take custody of the child.
(2) The father or other relative of the child that receives custody under paragraph (1) of this subsection shall maintain and care for the child at the father’s or other relative’s expense until the incarcerated individual is released from the correctional facility or the child, as provided by law, is adopted.
(3) If the father or other relative of the child is unable to properly maintain and care for the child, the Department shall place the child in the care of the Department of Human Services.
(i) Notwithstanding any other provision of this section, the Department may allow an incarcerated individual to participate in programming and to retain custody of the newborn child in or out of custody if:
(1) the environment and program is consistent with the best interests of the child and consistent with public safety; and
(2) the custody is not inconsistent with the parental rights of any individual who is not detained or confined in a correctional facility.
(j) (1) This subsection applies to local correctional facilities and correctional facilities in the Department.
(2) Each correctional facility shall have a written policy in place regarding the medical care of pregnant incarcerated individuals that addresses:
(i) procedures for providing pregnancy testing to all female incarcerated individuals, including on intake;
(ii) access to prenatal care, including:
1. routine appointments, laboratory work, and ultrasounds;
2. procedures and schedules for providing pregnant incarcerated individuals with laboratory and testing results; and
3. nutritional needs and counseling;
(iii) high–risk pregnancies, including maternal substance abuse disorder;
(iv) miscarriage management, including:
1. procedures for evaluating the appropriate level of care;
2. protocol for on–site and off–site miscarriage management;
3. emergency miscarriage management; and
4. follow–up care;
(v) access to abortion care, including:
1. information about abortion providers; and
2. transportation;
(vi) access to child placement resources, including:
1. information about adoption or referral to adoption resources, including kinship adoption, open and closed adoption, and agency and private adoption;
2. foster care; and
3. kinship care;
(vii) labor and delivery, including:
1. the facility where labor and delivery shall occur;
2. transportation; and
3. transmittal of medical records to the facility for labor and delivery;
(viii) postpartum recovery care, including:
1. transportation to the correctional facility from the labor and delivery facility;
2. access to hygiene products;
3. a schedule for postpartum recovery care; and
4. accommodations for pumping and storage of breast milk;
(ix) eligibility and access to behavioral health counseling and social services during the prenatal and postpartum recovery periods;
(x) use of restraints during pregnancy, transportation, labor and delivery, and postpartum recovery; and
(xi) use of involuntary medical isolation or restrictive housing for administrative, protective, or disciplinary purposes during pregnancy and 8 weeks during the postpartum or post–pregnancy recovery period.
(3) The managing official of a correctional facility shall provide the written policy required under this subsection to an incarcerated individual at the time of a positive pregnancy test result.
(4) The Maryland Commission on Correctional Standards shall review each correctional facility’s policy required under this subsection during regular inspections.
Md. Code, Correctional Services § 9-601.1
§9–601.1.
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
(b) Except as provided in this section, a pregnant incarcerated individual may not be involuntarily placed in restrictive housing, including involuntary medical isolation or infirmary.
(c) (1) A pregnant incarcerated individual may be involuntarily placed in restrictive housing if the managing official of the correctional facility, in consultation with the person overseeing women’s health and services in the facility, makes an individualized and written determination that restrictive housing is required as a temporary response to:
(i) behavior that poses:
1. a serious and immediate risk of physical harm to the incarcerated individual or another; or
2. an immediate and credible flight risk that cannot be reasonably prevented by other means; or
(ii) a situation that poses a risk of spreading a communicable disease that cannot be reasonably mitigated by other means.
(2) A managing official who makes a determination described in paragraph (1) of this subsection shall document the reason why other less restrictive housing is not possible.
(3) The determination described in paragraph (1) of this subsection shall be reviewed and affirmed at least every 24 hours in writing with a copy provided to the incarcerated individual.
(d) An individual placed in restrictive housing under this section shall be:
(1) medically assessed every 8 hours;
(2) housed only in the least restrictive setting consistent with the health and safety of the individual; and
(3) given an intensive treatment plan developed and approved by the person overseeing women’s health and services in the facility.
(e) (1) A pregnant incarcerated individual who is deemed to need infirmary care shall be admitted to the infirmary on order of a primary care nurse practitioner or obstetrician.
(2) If the incarcerated individual is overdue in the pregnancy, the incarcerated individual shall be housed in the infirmary as an admitted patient until labor begins or until the obstetrical consultant has made other housing and care recommendations.
(3) A pregnant incarcerated individual who has been placed in the infirmary shall be provided:
(i) access to regular outside recreation consistent with the general population;
(ii) access to visits, mail, and telephone consistent with general population privileges; and
(iii) the ability to continue to participate in work detail, programming, and classes.
(f) (1) Within 48 hours after confirmation by a health care professional that an incarcerated individual is pregnant, the incarcerated individual shall be notified in writing of the restrictions on a pregnant incarcerated individual being placed in restrictive housing provided in this section.
(2) The Secretary shall establish a process through which an incarcerated individual may report a violation of this section.
(g) The managing official of a correctional facility who authorized the placement of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of the placement a report in writing to the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the person overseeing women’s health and services in the facility that describes the facts and circumstances surrounding the placement, including:
(1) the reasoning for the determination to place the incarcerated individual in restrictive housing;
(2) details of the placement, including the names of those who conducted medical assessments of the incarcerated individual, dates and times of placement, and the date, if applicable, the incarcerated individual was released from restrictive housing; and
(3) any physical or mental effects on the incarcerated individual or fetus resulting from the placement observed or reported by the person overseeing women’s health and services in the facility.
Md. Code, Correctional Services § 9-602
(a) Whenever the Division of Correction determines that an incarcerated individual in a correctional facility in the Division is ill and the facilities of the correctional facility are inadequate to provide treatment for the illness, the Division may direct the managing official of the correctional facility to order the temporary removal of the incarcerated individual from the correctional facility to a facility in the State in which the incarcerated individual may receive adequate treatment.
(b) The Division of Correction may direct the temporary removal of an incarcerated individual from a correctional facility under subsection (a) of this section for a specified or unspecified time period.
(c) An order of temporary removal under subsection (a) of this section shall:
(1) be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the incarcerated individual; and
(2) require the incarcerated individual to be returned to a correctional facility in the Division of Correction as soon as the incarcerated individual’s health allows.
(d) During the period of the incarcerated individual’s temporary removal under this section, an incarcerated individual remains in the custody of the Division of Correction for the purposes of determining:
(1) the release date of the incarcerated individual; and
(2) diminution of the incarcerated individual’s term of confinement in accordance with §§ 3–702 through 3–704 of this article.
(e) An incarcerated individual who escapes while temporarily removed under this section is guilty of escape and subject to the penalties of § 9–404 of the Criminal Law Article.
(f) (1) The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s temporary removal under this section shall be paid:
(i) by the incarcerated individual;
(ii) by relatives or friends of the incarcerated individual; or
(iii) from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.
(2) If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:
(i) the county from which the incarcerated individual was committed shall be billed for payment of the expenses; and
(ii) the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article.
(g) The temporary removal of an incarcerated individual from a correctional facility under this section is subject to any regulations adopted by the Division of Correction regarding correctional officers, supervision, and terms of temporary removal.
Md. Code, Correctional Services § 9-602.1
§9–602.1.
(a) The Department of State Police shall investigate any death of an incarcerated individual suspected to be a homicide that occurs while the incarcerated individual is in the custody of the Division of Correction whether within or outside a correctional facility.
(b) On or before December 31 each year, the Department of State Police shall post on its website and submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report detailing for the preceding calendar year:
(1) the number of investigations completed by the Department of State Police under this section; and
(2) the number of cases referred by the Department of State Police for prosecution following an investigation completed under this section.
Md. Code, Correctional Services § 9-602.2
§9–602.2.
(a) Whenever an incarcerated individual dies in a Division of Correction facility, the Commissioner of Correction shall notify the following persons:
(1) the State delegates and State senator representing the legislative district where the facility is located;
(2) the legislative body of the county where the facility is located or the Baltimore City Council, if the facility is located in Baltimore City; and
(3) the chief executive of the county where the facility is located or the Mayor of Baltimore City, if the facility is located in Baltimore City.
(b) The notification required under subsection (a) of this section:
(1) shall include the cause of death of the deceased incarcerated individual; and
(2) may not include protected health information of the deceased incarcerated individual.
(c) The Department shall adopt regulations compliant with the federal Health Insurance Portability and Accountability Act to implement this section.
Md. Code, Correctional Services § 9-603
(a) (1) Subject to paragraph (2) of this subsection, the requirements under this section shall apply to:
(i) local detention centers in the following counties by January 1, 2020:
1. Howard County;
2. Montgomery County;
3. Prince George’s County; and
4. St. Mary’s County; and
(ii) local detention centers in six additional counties by October 1, 2021.
(2) (i) The Governor’s Office of Crime Prevention and Policy, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.
(ii) If the Baltimore Pre–trial Complex has not fully implemented the provisions of this section by January 2023, the Department of Public Safety and Correctional Services shall report to the Senate Finance Committee and the House Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on the status and timeline of implementation.
(iii) Funding for the program at the Baltimore Pre–trial Complex shall be as provided in the State budget.
(b) (1) In this section the following words have the meanings indicated.
(2) “Health care practitioner” means an individual who is licensed, certified, or otherwise authorized to practice under the Health Occupations Article.
(3) “Incarcerated individual” means an individual confined within a local correctional facility.
(4) “Medication” means a medication approved by the federal Food and Drug Administration for the treatment of opioid use disorder.
(5) “Medication–assisted treatment” means the use of medication, in combination with counseling and behavioral health therapies, to provide a holistic approach to the treatment of opioid use disorder.
(6) “Opioid use disorder” means a medically diagnosed problematic pattern of opioid use that causes significant impairment or distress.
(7) “Peer recovery specialist” means an individual who has been certified by an entity approved by the Maryland Department of Health for the purpose of providing peer support services, as defined under § 7.5–101(n) of the Health – General Article.
(c) An incarcerated individual in a State or local correctional facility shall be placed on a properly supervised program of methadone detoxification if:
(1) a physician determines that the incarcerated individual is a person with an opioid use disorder;
(2) the treatment is prescribed by a physician; and
(3) the incarcerated individual consents in writing to the treatment.
(d) (1) Each local correctional facility shall conduct an assessment of the mental health and substance use status of each incarcerated individual using evidence–based screenings and assessments, to determine:
(i) if the medical diagnosis of an opioid use disorder is appropriate; and
(ii) if medication–assisted treatment is appropriate.
(2) If an assessment conducted under paragraph (1) of this subsection indicates opioid use disorder, an evaluation of the incarcerated individual shall be conducted by a health care practitioner with prescriptive authority authorized under Title 8, Title 14, or Title 15 of the Health Occupations Article.
(3) Information shall be provided to the incarcerated individual describing medication options used in medication–assisted treatment.
(4) Medication–assisted treatment shall be available to an incarcerated individual for whom such treatment is determined to be appropriate under this subsection.
(5) Each local correctional facility shall make available at least one formulation of each FDA–approved full opioid agonist, partial opioid agonist, and long–acting opioid antagonist used for the treatment of opioid use disorders.
(6) Each pregnant woman identified with an opioid use disorder shall receive evaluation and be offered medication–assisted treatment as soon as practicable.
(e) Each local correctional facility shall:
(1) following an assessment using clinical guidelines for medication–assisted treatment:
(i) make medication available by a qualified provider to the incarcerated individual; or
(ii) begin withdrawal management services prior to administration of medication;
(2) make available and administer medications for the treatment of opioid use disorder;
(3) provide behavioral health counseling for incarcerated individuals diagnosed with opioid use disorder consistent with therapeutic standards for such therapies in a community setting;
(4) provide access to a health care practitioner who can provide access to all FDA–approved medications for the treatment of opioid use disorders; and
(5) provide on–premises access to peer recovery specialists.
(f) If an incarcerated individual received medication or medication–assisted treatment for opioid use disorder immediately preceding or during the incarcerated individual’s incarceration, a local correctional facility shall continue the treatment after incarceration or transfer unless:
(1) the incarcerated individual voluntarily discontinues the treatment, verified through a written agreement that includes a signature; or
(2) a health care practitioner determines that the treatment is no longer medically appropriate.
(g) Before the release of an incarcerated individual diagnosed with opioid use disorder under subsection (d) of this section, a local correctional facility shall develop a plan of reentry that:
(1) includes information regarding postincarceration access to medication continuity, peer recovery specialists, other supportive therapy, and enrollment in health insurance plans;
(2) includes any recommended referrals by a health care practitioner to medication continuity, peer recovery specialists, and other supportive therapy; and
(3) is reviewed and, if needed, revised by a health care practitioner or peer recovery specialist.
(h) The procedures and standards used to determine substance use disorder diagnosis and treatment of incarcerated individuals are subject to the guidelines and regulations adopted by the Maryland Department of Health.
(i) As provided in the State budget, the State shall fund the program of opioid use disorder screening, evaluation, and treatment of incarcerated individuals as provided under this section.
(j) On or before November 1, 2020, and annually thereafter, the Governor’s Office of Crime Prevention and Policy shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
(1) the number of incarcerated individuals diagnosed with:
(i) a mental health disorder;
(ii) an opioid use disorder;
(iii) a non–opioid substance use disorder; and
(iv) a dual diagnosis of mental health and substance use disorder;
(2) the number and cost of assessments for incarcerated individuals in local correctional facilities, including the number of unique incarcerated individuals examined;
(3) the number of incarcerated individuals who were receiving medication or medication–assisted treatment for opioid use disorder immediately prior to incarceration;
(4) the type and prevalence of medication or medication–assisted treatments for opioid use disorder provided;
(5) the number of incarcerated individuals diagnosed with opioid use disorder;
(6) the number of incarcerated individuals for whom medication and medication–assisted treatment for opioid use disorder was prescribed;
(7) the number of incarcerated individuals for whom medication and medication–assisted treatment was prescribed and initiated for opioid use disorder;
(8) the number of medications and medication–assisted treatments for opioid use disorder provided according to each type of medication and medication– assisted treatment options;
(9) the number of incarcerated individuals who continued to receive the same medication or medication–assisted treatment for opioid use disorder as the incarcerated individual received prior to incarceration;
(10) the number of incarcerated individuals who received a different medication or medication–assisted treatment for opioid use disorder compared to what the incarcerated individual received prior to incarceration;
(11) the number of incarcerated individuals who initiated treatment with medication or medication–assisted treatment for opioid use disorder who were not being treated for opioid use disorder prior to incarceration;
(12) the number of incarcerated individuals who discontinued medication or medication–assisted treatment for opioid use disorder during incarceration;
(13) a review and summary of the percent of days, including the average percent, median percent, mode percent, and interquartile range of percent, for incarcerated individuals with opioid use disorder receiving medication or medication–assisted treatment for opioid use disorder as calculated overall and stratified by other factors, such as type of treatment received;
(14) the number of incarcerated individuals receiving medication or medication–assisted treatment for opioid use disorder prior to release;
(15) the number of incarcerated individuals receiving medication or medication–assisted treatment prior to release for whom the facility had made a prerelease reentry plan;
(16) a review and summary of practices related to medication and medication–assisted treatment for opioid use disorder for incarcerated individuals with opioid use disorder before October 1, 2019;
(17) a review and summary of prerelease planning practices relative to incarcerated individuals diagnosed with opioid use disorder prior to, and following, October 1, 2019; and
(18) any other information requested by the Maryland Department of Health related to the administration of the provisions under this section.
(k) Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the Governor’s Office of Crime Prevention and Policy and also include any other data necessary to meet reporting requirements under this section.
Md. Code, Correctional Services § 9-604
(a) Subject to subsections (c) and (d) of this section, the State shall pay the funeral and burial expenses of an indigent incarcerated individual who dies while in the custody of a State correctional facility.
(b) The State shall pay the same amount for the funeral and burial expenses of an indigent incarcerated individual as the Department of Human Services pays under § 5–415 of the Human Services Article.
(c) To be eligible to receive the benefit under this section, the family of an indigent incarcerated individual must be known or registered with the Department of Human Services.
(d) If the body of an indigent incarcerated individual is not claimed within 48 hours after death, the State Anatomy Board shall take control of the body for final disposition in accordance with § 5–406 of the Health – General Article.
(e) The Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution shall adopt regulations establishing procedures to carry out this section.
Md. Code, Correctional Services § 9-605
(a) The estate of an individual who is sentenced to imprisonment in a correctional facility in the Division of Correction or is to be executed is liable:
(1) first, for payment of reparation to each person injured by the individual; and
(2) second, for expenses incurred by the State to apprehend, prosecute, convict, and remove the individual.
(b) To determine the amount of liability under subsection (a) of this section, the court in which the individual is convicted shall direct its clerk to certify to the managing official of the correctional facility the amount of reparation determined by the court and the costs incurred by the State in the prosecution and conviction of the individual.
(c) The managing official shall maintain a record of the liability of the estate of the individual as certified by the clerk under subsection (b) of this section.
Md. Code, Correctional Services § 9-606
(a) This section applies to local correctional facilities and correctional facilities in the Division of Correction.
(b) On the recommendation of a health care provider, the managing official of a correctional facility or the managing official’s designee may authorize medical treatment of a juvenile incarcerated individual if:
(1) in the judgment of the managing official or designee, the treatment is necessary; and
(2) a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
(c) A managing official or designee may not be held liable for authorizing medically necessary treatment in good faith.
Md. Code, Correctional Services § 9-607
At least once each year, the circuit court of each county shall charge its grand jury to:
(1) inquire into the operation and management of each State correctional facility located in the county; and
(2) present a report of all offenses and omissions of any individual in or that relate to a State correctional facility.
Md. Code, Correctional Services § 9-608
At least once each year, the grand jury in each county shall:
(1) visit each local correctional facility in the county;
(2) inquire into the condition of the correctional facility, the manner in which it is maintained, and the treatment of incarcerated individuals; and
(3) report its findings to the circuit court of the county.
Md. Code, Correctional Services § 9-609
(a) Whenever a date of release from confinement in a State correctional facility is a Saturday, Sunday, or legal holiday, the incarcerated individual shall be released on the first preceding day that is not a Saturday, Sunday, or legal holiday.
(b) The Commissioner of Correction shall adopt regulations:
(1) establishing a release plan for incarcerated individuals upon release from confinement in a State correctional facility to help identify resources to assist incarcerated individuals following release, including the provision of transportation from the facility for an incarcerated individual upon release; and
(2) implementing the provisions of § 9–609.1 of this subtitle concerning issuance of an identification card to incarcerated individuals on release from confinement in a State correctional facility.
Md. Code, Correctional Services § 9-609.1
§9–609.1.
(a) (1) The Commissioner of Correction shall issue an identification card to an incarcerated individual before release from confinement in a State correctional facility.
(2) The identification card issued under paragraph (1) of this subsection shall meet the requirements for secondary identification for the purpose of an identification card issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article.
(b) (1) (i) Except as provided in paragraph (3) of this subsection, on taking custody of an incarcerated individual sentenced to the Division of Correction, the Commissioner of Correction shall begin the process of obtaining the incarcerated individual’s birth certificate.
(ii) If an incarcerated individual’s birth certificate is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the birth certificate before release from confinement in a State correctional facility.
(2) (i) Except as provided in paragraph (3) of this subsection, the Commissioner of Correction shall apply to the Social Security Administration to obtain an incarcerated individual’s Social Security card:
1. at the earliest date possible in accordance with any memorandum of understanding between the Division of Correction and the Social Security Administration providing for the issuance of incarcerated individual Social Security cards; or
2. as soon as is practicable.
(ii) If an incarcerated individual’s Social Security card is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the Social Security card before release from confinement in a State correctional facility.
(3) The Commissioner of Correction may not obtain a document under paragraph (1) or (2) of this subsection unless the incarcerated individual consents in writing to the Commissioner of Correction obtaining the document.
Md. Code, Correctional Services § 9-610
If a provision of the Code imposes a penalty of 3 months of imprisonment, the period of 3 months shall be calculated to be 90 calendar days.
Md. Code, Correctional Services § 9-611
(a) An individual who is committed or detained, or another individual on that individual’s behalf, may demand a true copy of the warrant of commitment or detainer.
(b) If an officer or other individual neglects or refuses to deliver a true copy of the warrant of commitment or detainer, if there is one, within 6 hours after the copy has been demanded, the officer or other individual shall forfeit $500 to the individual who is committed or detained.
(c) The right of action to recover the forfeiture provided under this section or § 2-305 of the Courts Article survives the death of either party.
(d) The provisions of subsections (b) and (c) of this section do not apply to the officials and employees of the Division of Correction and the Patuxent Institution.
Md. Code, Correctional Services § 9-612
(a) The Department or the managing official of a local correctional facility shall provide an incarcerated individual who has been sentenced to a term of incarceration in the Division of Correction or a term of at least 60 days in a local correctional facility and who has been diagnosed with a mental illness with access to a 30–day supply of medication for the mental illness on the release of the incarcerated individual.
(b) Subsection (a) of this section does not apply to pretrial incarcerated individuals.
(c) Part of the 30–day supply of medication provided under subsection (a) of this section may be provided by prescription if the incarcerated individual is provided sufficient medication on release that enables the incarcerated individual to remain medication–compliant until additional medication becomes available from filling the prescription.
(d) This section shall apply only if a treating physician determines that:
(1) the released incarcerated individual’s possession of medication in the quantity prescribed is in the best interest of the incarcerated individual; and
(2) possession of the prescribed medication will not constitute a danger to the released incarcerated individual.
(e) The Department, an employee of the Department, a local correctional facility, an employee of a local correctional facility, or an agent of the Department or local correctional facility, including a physician or corporate entity providing medical services to incarcerated individuals on behalf of the Department or local correctional facility, may not be held liable under this section for issuing medication or a prescription for medication to an incarcerated individual on the incarcerated individual’s release notwithstanding that the released incarcerated individual:
(1) is no longer under the care or supervision of the prescribing physician; and
(2) may be without medical supervision for the period during which the medication has been administered.
Md. Code, Correctional Services § 9-613
(a) On or before July 1, 2010, the Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop a process to refer an incarcerated individual who has been diagnosed with hepatitis C to the Department of Human Services or the Maryland Department of Health for enrollment in the Maryland Medical Assistance Program or the Primary Adult Care Program on release of the incarcerated individual.
(b) The Department shall provide counseling to incarcerated individuals with hepatitis C on the management of hepatitis C and methods to reduce the transmission of hepatitis C.
(c) The Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop regulations to implement subsection (a) of this section.
Md. Code, Correctional Services § 9-614
(a) (1) In this section the following words have the meanings indicated.
(2) “Correctional unit” has the meaning stated in § 2–401 of this article.
(3) (i) “Restrictive housing” means a form of physical separation that has not been requested by the incarcerated individual in which the incarcerated individual is placed in a locked room or cell for approximately 22 hours or more out of a 24–hour period.
(ii) “Restrictive housing” includes administrative segregation and disciplinary segregation.
(b) (1) On or before December 31 each year, each correctional unit shall submit data to the Governor’s Office of Crime Prevention and Policy showing, by correctional unit:
(i) the total population of the correctional unit;
(ii) the number of incarcerated individuals who have been placed in restrictive housing during the preceding year by age, race, gender, classification of housing, and the basis for the incarcerated individual’s placement in restrictive housing;
(iii) the number of incarcerated individuals with serious mental illness that were placed in restrictive housing during the preceding year;
(iv) the definition of “serious mental illness” used by the correctional unit in making the report;
(v) the number of incarcerated individuals known to be pregnant when placed in restrictive housing during the preceding year;
(vi) the average and median lengths of stay in restrictive housing of the incarcerated individuals placed in restrictive housing during the preceding year;
(vii) the number of incidents of death, self–harm, and attempts at self–harm by incarcerated individuals in restrictive housing during the preceding year;
(viii) the number of incarcerated individuals released from restrictive housing directly into the community during the preceding year;
(ix) any other data the correctional unit considers relevant to the use of restrictive housing by correctional facilities in the State; and
(x) any changes to written policies or procedures at each correctional unit relating to the use and conditions of restrictive housing, including steps to reduce reliance on restrictive housing.
(2) The Governor’s Office of Crime Prevention and Policy shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Correctional Services § 9-614.1
§9–614.1.
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
(b) This section applies to a facility operated by a correctional unit, as defined in § 2–401 of this article.
(c) A minor may not be placed in restrictive housing unless the managing official of the facility finds by clear and convincing evidence that there is an immediate and substantial risk:
(1) of physical harm to the minor, other incarcerated individuals, or staff; or
(2) to the security of the facility.
(d) A minor placed in restrictive housing shall be provided:
(1) daily physical and mental health assessments to determine whether the minor may be released from restrictive housing;
(2) the same standard of access that is provided to incarcerated individuals not in restrictive housing to:
(i) phone calls;
(ii) visits;
(iii) mail;
(iv) food;
(v) water;
(vi) showers;
(vii) sanitary supplies;
(viii) property, including clothing and bedding; and
(ix) medical, mental, and dental health care; and
(3) unless it would pose a risk of physical harm to the minor or another, maximized access to recreation, education, and programming.
(e) If a privilege or condition described in subsection (d) of this section is not provided to the minor, the managing official or the managing official’s designee shall record the reason in the minor’s file.
Md. Code, Correctional Services § 9-614.2
§9–614.2.
(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
(b) To the extent possible, the Commissioner of Correction may not prohibit an incarcerated individual placed in restrictive housing from having access to a reentry specialist or case manager within 180 days before the direct release of the incarcerated individual from a correctional facility to the community.
Md. Code, Correctional Services § 9-615
(a) This section applies to an incarcerated individual in a State or local correctional facility.
(b) The Department shall collect an incarcerated individual’s earnings.
(c) From an incarcerated individual’s earnings, the Department shall:
(1) if required by law, reimburse the county or State for the cost of providing food, lodging, and clothing to the incarcerated individual;
(2) pay court ordered payments for support of dependents;
(3) pay court ordered payments for restitution; and
(4) pay compensation for victims of crime in accordance with subsection (d) of this section.
(d) (1) Of the earnings of an incarcerated individual in the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance, the Department shall withhold 20% for compensation for victims of crime, in accordance with the requirements of the Program.
(2) (i) This paragraph applies to an incarcerated individual who is subject to an unsatisfied judgment of restitution.
(ii) If an incarcerated individual has earnings that are not covered under the provisions of paragraph (1) of this subsection, the Department shall withhold 25% for compensation for victims of crime until the judgment is satisfied.
(3) (i) If a court in a criminal or juvenile delinquency proceeding has ordered the incarcerated individual to pay restitution, the Department shall forward the money withheld under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article.
(ii) The Criminal Injuries Compensation Board shall distribute from the Criminal Injuries Compensation Fund any amount received under this paragraph to the person or governmental unit specified in the judgment of restitution to pay the restitution as required under § 11–607(b)(2) of the Criminal Procedure Article.
(4) If the incarcerated individual is not subject to a judgment of restitution or the judgment of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the Department shall pay:
(i) 50% into the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article; and
(ii) 50% into the State Victims of Crime Fund established under § 11–916 of the Criminal Procedure Article.
(e) The Department shall:
(1) credit to the incarcerated individual’s account any balance that remains after paying the items in subsection (c)(1) through (4) of this section; and
(2) pay the balance in the incarcerated individual’s account to the incarcerated individual within 15 days after the incarcerated individual is released.
Md. Code, Correctional Services § 9-616
(a) (1) In this section the following words have the meanings indicated.
(2) “Commission” means the Maryland Commission on Correctional Standards.
(3) “Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle.
(b) This section applies to local correctional facilities and correctional facilities in the Division of Correction.
(c) (1) Each correctional facility shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female incarcerated individual on:
(i) admission to the facility;
(ii) a routine basis; and
(iii) request.
(2) The managing official of a correctional facility shall ensure that the facility has a sufficient supply of menstrual hygiene products available to meet the needs of the incarcerated individual population at all times.
(d) The Commission shall establish standards regarding the proper disposal of menstrual hygiene products.
(e) Each correctional facility shall maintain records on the provision and availability of menstrual hygiene products to incarcerated individuals.
(f) The Commission shall review each correctional facility’s policy and records relating to menstrual hygiene products during regular inspections.
Md. Code, Correctional Services § 9-617
Each local correctional facility shall develop and implement a policy for assisting incarcerated individuals to obtain identification cards issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article either before or after release from confinement.
Md. Code, Correctional Services § 9-618
(a) On or before October 1, 2026, and each October 1 thereafter, the Department shall conduct a study on the location of individuals before and following incarceration in a State correctional facility and report the results of the study to the Senate Judicial Proceedings Committee, the Senate Budget and Taxation Committee, the House Judiciary Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article.
(b) The study shall include:
(1) data on the county of residence of each individual released during the previous year, as reported by the individual on intake to the facility;
(2) data on the county of release following incarceration;
(3) for individuals who were transferred from one State correctional facility to another prior to release, the number of days that the transfer occurred before release; and
(4) a comparison of:
(i) the number of individuals released from a State correctional facility into the same county in which they resided prior to incarceration;
(ii) the number of individuals released from a State correctional facility into the same county in which conviction occurred; and
(iii) the number of individuals released from a State correctional facility into the county in which they were incarcerated at the time of release.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026