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Criminal Justice and the 2026 Session
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Correctional Services - Restrictive Housing- Mandela Act-
The Restrictive Housing, formally known as Solitary Confinement, continues to be a familiar topic in our General Assembly. This bill builds on previous legislation, while integrating newer research to help reform this issue.
Juveniles:
This bill would institute guidelines for juveniles in restrictive housing that would relate to their age and needs. They would remain in a normal prison environment, unless there is convincing evidence of personal harm to the juvenile or others. While in restrictive housing, juveniles would receive DAILY mental and physical assessments to evaluate when the juvenile would be ready to return to their normal prison environment.
Health Benefits:
While in restrictive housing both pregnant people and juveniles would have the same access benefits others enjoy within the system, like phone calls, visits, mail, etc.
Prohibited Acts:
The bill also defines and lists eight “Prohibited Acts” such as extorting another by force–or threat of force–for money or property, which would put those responsible into restrictive housing.
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Restrictions:
Finally, this bill would prohibit an individual from being kept in restrictive housing longer than 15 consecutive days, which aligns with the United Nations limits for torture.
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Filed so far:
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HB 310 - Correctional Services - Restrictive Housing - Individuals With Developmental or Intellectual Disabilities
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Commission to Review and Assess Racial Disparities in the State Criminal Justice System -
this bill was introduced last year and would have created a Comprehensive Commission to study and reform the racial disparity.
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Juvenile Justice Reform:
Our youth who have criminal issues fall under the Juvenile Justice System. While massive legislation was passed to reform the System in 2022, lawmakers have continued to work on adjustments as well. One on-going challenge has been to decide whether all juvenile offenders should first be placed into the juvenile system or should those charged with specific crimes be placed in the adult population. Charging a child with a crime and processing him or her through the adult criminal justice system is a significant decision with potentially devastating consequences for the child, the family, the community, and society as a whole.
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For more information, please contact Criminal Justice Reform Issue Team Lead Candy Clark at CriminalJustice@uulmmd.org​.
Subject | Bill Number | XFile Bill Number | Sponsor | Title | Status | Current Location | Priority | Position | Action | Synopsis |
|---|---|---|---|---|---|---|---|---|---|---|
Domestic Violence as Mitigating Factor | SB0138 | HB0084 | Senator Henson | Criminal Procedure - Sentencing - Domestic Violence as a Mitigating Factor (Providing Alternatives Through Healing for Justice-Involved Individuals (PATH) Act) | Hearing 1/27 at 1:00 p.m. | Judicial Proceedings | x | Support | Authorizing the introduction of evidence that a certain defendant was the victim of domestic violence and that the domestic violence was a significant contributing factor to the commission of a certain crime as a mitigating factor at sentencing of the defendant or a hearing on a motion for modification or reduction of a sentence; and establishing related procedures. | |
Domestic Violence as Mitigating Factor | HB0084 | SB0138 | Delegate Smith | Criminal Procedure - Sentencing - Domestic Violence as a Mitigating Factor (Providing Alternatives Through Healing for Justice-Involved Individuals (PATH) Act) | Hearing 2/05 at 2:00 p.m. | Judiciary | x | Support | Authorizing the introduction of evidence that a certain defendant was the victim of domestic violence and that the domestic violence was a significant contributing factor to the commission of a certain crime as a mitigating factor at sentencing of the defendant or a hearing on a motion for modification or reduction of a sentence; and establishing related procedures. | |
Municipal Enforcement-Body Cameras | HB0172 | Delegate Schindler | Municipalities - Enforcement Officers - Body-Worn Cameras | First Reading Judiciary | Judiciary | x | Support | Including a certain municipal enforcement officer in the definition of 'law enforcement officer' for purposes of a certain exception to prohibitions against wiretapping and electronic surveillance relating to the use of body-worn cameras; authorizing a municipality to adopt an ordinance or a resolution authorizing an official who is authorized to act as an enforcement officer to utilize a body-worn camera; and requiring that a certain municipality publish its policy for the issuance and use of body-worn cameras by enforcement officers. | ||
Prerelease Services Women | SB0187 | Senator Washington, M. | Correctional Services - Comprehensive Rehabilitative Prerelease Services - Female Incarcerated Individuals | Hearing 1/28 at 11:00 a.m. (Judicial Proceedings) | Judicial Proceedings | x | Support | Altering the required specifications for a certain prerelease facility for female incarcerated individuals; requiring the Department of General Services to direct the procurement processes for the construction of a certain prerelease facility for female incarcerated individuals; requiring the Commissioner of Correction to make gender-responsive services available to certain female incarcerated individuals; requiring the implementation of comprehensive prerelease services for certain individuals by September 1, 2026; etc. | ||
Reentry and Reintegration Supports | HB0224 | SB0097 | Chair, Appropriations Committee | Reentry and Reintegration Support Program - Establishment | First Reading Appropriations | Appropriations | x | Support | Establishing a coordinated, interagency partnership among the Department of Human Services, the Department of Public Safety and Correctional Services, and the Maryland Department of Health to create a voluntary prerelease benefits and identification application process for covered benefits for individuals being released from State correctional facilities; requiring by April 1, 2027, the Departments to enter into a memorandum of understanding to establish a secure data sharing process for certain purposes; etc. | |
Reentry and Reintegration Supports | SB0097 | HB0224 | Chair, Judicial Proceedings Committee | Reentry and Reintegration Support Program - Establishment | Hearing canceled | Judicial Proceedings | x | Support | Establishing a coordinated, interagency partnership among the Department of Human Services, the Department of Public Safety and Correctional Services, and the Maryland Department of Health to create a voluntary prerelease benefits and identification application process for covered benefits for individuals being released from State correctional facilities; requiring by April 1, 2027, the Departments to enter into a memorandum of understanding to establish a secure data sharing process for certain purposes; etc. | |
Release Preparation Program | HB0108 | SB0061 | Delegate Pasteur | Division of Correction - Release Preparation Program | First Reading Government, Labor, and Elections | Government, Labor, and Elections | x | Support | Establishing the Release Preparation Program in the Division of Correction for the purpose of providing access to formerly incarcerated individuals to State correctional facilities to assist incarcerated individuals with release preparation; and altering the purposes of the Cannabis Regulation and Enforcement Fund to include providing funds to cover the costs of supporting the Release Preparation Program. | |
Release Preparation Program | SB0061 | HB0108 | Senator Sydnor | Division of Correction - Release Preparation Program | Hearing 1/28 at 11:00 a.m. (Judicial Proceedings) | Judicial Proceedings | x | Support | Establishing the Release Preparation Program in the Division of Correction for the purpose of providing access to formerly incarcerated individuals to State correctional facilities to assist incarcerated individuals with release preparation; and altering the purposes of the Cannabis Regulation and Enforcement Fund to include providing funds to cover the costs of supporting the Release Preparation Program. | |
Restrictive Housing - Disabilities | SB0268 | HB0310 | Senator Henson | Correctional Services - Restrictive Housing - Individuals With Developmental or Intellectual Disabilities | Hearing 2/04 at 11:00 a.m. | Judicial Proceedings | x | Support | Authorizing an applicable clinical professional to assess, at the time of intake at a State correctional facility, a newly incarcerated individual for a developmental or intellectual disability; authorizing a certain clinical professional to make a certain recommendation about a certain incarcerated individual; prohibiting a State correctional facility from putting a certain incarcerated individual in restrictive housing for more than 15 consecutive days in a 30-day period unless the individual commits a certain prohibited act; etc. | |
Restrictive Housing - Disabilities | HB0310 | SB0268 | Delegate Kaufman | Correctional Services - Restrictive Housing - Individuals With Developmental or Intellectual Disabilities | First Reading Judiciary | Judiciary | x | Support | Authorizing an incarcerated individual to undergo a certain assessment at intake at a State correctional facility by a certain clinical professional; authorizing a certain clinical professional to make a certain recommendation about a certain incarcerated individual; and prohibiting a State correctional facility from putting a certain incarcerated individual in restrictive housing for more than 15 consecutive days in a 30-day time period unless the individual commits a certain prohibited act. | |
Expungement (Clean Slate Act of 2026) | HB0360 | Delegate Moon | Criminal Procedure - Automated Expungement (Clean Slate Act of 2026) | First Reading Judiciary | Judiciary | Requiring the Department of Public Safety and Correctional Services and the Judiciary to expunge all cases meeting certain criteria on or before July 1, 2028; and requiring the Department and the Judiciary to expunge certain newly eligible cases on a monthly basis. | ||||
Expungement - Effect | HB0362 | Delegate Grammer | Criminal Procedure - Expungement - Effect | First Reading Judiciary | Judiciary | Establishing that a person who has been granted an expungement shall be determined for all purposes not to have been arrested for, cited for, charged with, or convicted of the underlying offense. | ||||
Expungement - Electronic Courts System | HB0131 | Delegate Moon | Criminal Procedure - Expungement - Adverse Actions and Removal From Maryland Electronic Courts (MDEC) System | First Reading Judiciary | Judiciary | Clarifying that refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for a unit, an official, or an employee of the State or a political subdivision of the State to deny the person's application for a license, permit, registration, or governmental service; providing that refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for an educational institution to expel or refuse to admit the person; etc. | ||||
Expungement - Good Cause | HB0169 | Delegate Ruff | Criminal Procedure - Expungement of Records - Good Cause | First Reading Judiciary | Judiciary | Authorizing a person to file a petition for expungement of any misdemeanor or felony conviction a certain period of time after the completion of the sentence, parole, probation, and any other form of mandatory treatment associated with the conviction; authorizing a court to grant a petition on a showing of good cause; and providing that a denial of a petition may not be appealed and a subsequent petition may not be filed for a certain period of time. | ||||
Expungement -Terminated without Finding | HB0187 | Delegate Taylor | Criminal Procedure - Expungement - No Finding and Case Terminated Without Finding | First Reading Judiciary | Judiciary | Authorizing the expungement of a disposition under a certain provision of law if the disposition was included in a case that was disposed of by the court with a no finding designation or designated by the court as having been terminated without finding. | ||||
ID Cards of Incarcerated People | HB0022 | Delegate Schindler | Correctional Services - Incarcerated Individuals - Identification Cards and Driver's Licenses | First Reading Government, Labor, and Elections | Government, Labor, and Elections | Requiring a certain correctional facility to return a certain identification card or driver's license to a certain incarcerated individual at or before the time of the individual's release from confinement under certain circumstances; requiring the Commissioner of Corrections and the managing official of a local correctional facility to provide certain forms and work with a certain incarcerated individual to ensure a certain identification card or driver's license is available at the time of release from confinement; etc. | ||||
Identity Fraud - Artificial Intelligence and Deepfake | HB0184 | SB0008 | Delegate Pasteur | Criminal Law - Identity Fraud - Artificial Intelligence and Deepfake Representations | Hearing 2/03 at 1:00 p.m. | Judiciary | Prohibiting a person from utilizing certain personal identifying information or engaging in certain conduct in order to cause physical injury, serious emotional distress, or economic damages; prohibiting a person from using certain artificial intelligence or certain deepfake representations for certain purposes; providing penalties of 5 years of imprisonment and a fine of up to $10,000 or both where one victim is involved, and for two or more victims the term of imprisonment is up to 10 years and the fine is up to $15,000 or both; etc. | |||
Identity Fraud - Artificial Intelligence and Deepfake | SB0008 | HB0184 | Senator Hester | Criminal Law - Identity Fraud - Artificial Intelligence and Deepfake Representations | Hearing 1/22 at 1:00 p.m. | Judicial Proceedings | Prohibiting a person from utilizing certain personal identifying information or engaging in certain conduct in order to cause physical injury, serious emotional distress, or economic damages; prohibiting a person from using certain artificial intelligence or certain deepfake representations for certain purposes; providing penalties of 5 years of imprisonment and a fine of up $10,000 or both where one victim is involved, and for two or more victims the term of imprisonment is up to 10 years and the fine is up to $15,000 or both; etc. | |||
Incarcerated Job Training Act | HB0194 | Delegate Metzgar | Incarcerated Job Training Act | First Reading Government, Labor, and Elections | Government, Labor, and Elections | Requiring the Department of Public Safety and Correctional Services to develop and offer an apprenticeship program in skilled trades for incarcerated individuals; establishing that the purpose of the program is to assist incarcerated individuals to develop marketable job skills and to earn money that can be used once the individual is released from incarceration; authorizing the Department to pay all or part of an incarcerated individual's wages to a spouse, child, or other dependent in need of financial support; etc. | ||||
Police Discipline - Show Cause Order | HB0031 | Delegate Cardin | Police Discipline - Order to Show Cause | First Reading Judiciary | Judiciary | Oppose | Authorizing a police officer who is denied a certain right to apply to the circuit court at any time before a hearing is held by the hearing board for an order that directs the law enforcement agency to show cause why the right should not be granted. | |||
Police Discipline - Show Cause Order | SB0202 | Senator Folden | Police Discipline - Order to Show Cause | Hearing 1/27 at 1:00 p.m. | Judicial Proceedings | Oppose | Authorizing a police officer who is denied a certain right to apply to the circuit court at any time before a hearing is held by the hearing board for an order that directs the law enforcement agency to show cause why the right should not be granted. | |||
Psychotropic Medications in Prison | SB0196 | HB0279 | Chair, Judicial Proceedings Committee | Correctional Services - Medication Review Committee - Administration of Psychotropic Medication to an Incarcerated Individual | Hearing 1/21 at 11:00 a.m. | Judicial Proceedings | Authorizing the establishment of a medication review committee within the Department of Public Safety and Correctional Services that convenes to determine whether to approve the administration of psychotropic medication to a certain incarcerated individual under certain circumstances; providing that psychotropic medication may not be administered to an incarcerated individual who refuses the medication except under certain circumstances; etc. | |||
Psychotropic Medications in Prison | HB0279 | SB0196 | Chair, Health Committee | Correctional Services - Medication Review Committee - Administration of Psychotropic Medication to an Incarcerated Individual | First Reading Health | Health | Authorizing the establishment of a medication review committee within the Department of Public Safety and Correctional Services that convenes to determine whether to approve the administration of psychotropic medication to a certain incarcerated individual under certain circumstances; providing that psychotropic medication may not be administered to an incarcerated individual who refuses the medication except under certain circumstances; etc. | |||
Reduction of Sentence-Repeal Limitation | SB0162 | Senator West | Criminal Procedure - Motion to Reduce Duration of Sentence - Repeal of Sentencing Date Limitation | Hearing 1/27 at 1:00 p.m. | Judicial Proceedings | Repealing the sentencing date limitation of October 1, 2021, for an individual convicted as an adult of an offense committed when the individual was a minor to file a motion to reduce the duration of the sentence. | ||||
Restoration of Voting Rights upon Release | SB0241 | HB0115 | Senator Augustine | Election Law - Individuals Released From State Correctional Facilities - Automatic Restoration of Voter Registration | Hearing 2/11 at 1:00 p.m. | Education, Energy, and the Environment | Requiring the Department of Public Safety and Correctional Services to transmit a list that includes the name and new residential address of individuals released from incarceration at a State correctional facility to the State Board of Elections on a weekly basis; requiring the State Board to automatically restore the voter registration of certain individuals released from State correctional facilities who were registered to vote in the State before being incarcerated; etc. | |||
Restoration of Voting Rights upon Release | HB0115 | SB0241 | Delegate Wilkins | Election Law - Individuals Released From State Correctional Facilities - Automatic Restoration of Voter Registration | Hearing 2/04 at 2:00 p.m. | Government, Labor, and Elections | Requiring the Department of Public Safety and Correctional Services to transmit a list that includes the name and new residential address of individuals released from incarceration at a State correctional facility to the State Board of Elections on a weekly basis; requiring the State Board to automatically restore the voter registration of certain individuals released from State correctional facilities who were registered to vote in the State before being incarcerated; etc. | |||
Secondary Enforcement on Police Stops | HB0081 | SB0055 | Delegate Phillips | Motor Vehicles - Police Stops - Secondary Enforcement and Excludable Evidence | First Reading Judiciary and Environment and Transportation | Judiciary | Requiring a police officer to document all reasons for a traffic stop or other stop on a citation or police report resulting from the stop; establishing that certain evidence obtained from a traffic stop or other stop in violation of certain provisions of law may be excluded as evidence in certain proceedings; authorizing a police officer to enforce certain provisions of the Maryland Vehicle Law only as a secondary action; and applying certain provisions of the Act retroactively. | |||
Secondary Enforcement on Police Stops | SB0055 | HB0081 | Senator Sydnor | Motor Vehicles - Police Stops - Secondary Enforcement and Excludable Evidence | Hearing 1/20 at 1:00 p.m. | Judicial Proceedings | Requiring a police officer to document all reasons for a traffic stop or other stop on a citation or police report resulting from the stop; establishing that certain evidence obtained from a traffic stop or other stop in violation of certain provisions of law may be excluded as evidence in certain proceedings; authorizing a police officer to enforce certain provisions of the Maryland Vehicle Law only as a secondary action; and applying certain provisions of the Act retroactively. | |||
Use of Body-Worn Cameras | HB0349 | Delegate Simmons | Public Safety - Law Enforcement - Use of Body-Worn Cameras | First Reading Judiciary | Judiciary | Altering certain provisions of law to require a certain law enforcement agency to require the use of body-worn cameras, subject to a certain policy, by each sworn law enforcement officer, regardless of rank, employed by the law enforcement agency while the officer is in uniform, in public, and conducting law enforcement related duties. |
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