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*hb0022*
HOUSE BILL 22
E5 6lr0677
(PRE–FILED)
By: Delegates Schindler, Behler, Crutchfield, Foley, Hill, Kaufman, Terrasa, and
Wu Wu, Clippinger, Lehman, Fair, Ruth, Sample–Hughes, Solomon, and
Wells
Requested: August 11, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026
CHAPTER ______
AN ACT concerning 1
Correctional Services – Incarcerated Individuals – Identification Cards and, 2
Driver’s Licenses, and Birth Certificates 3
FOR the purpose of providing that certain provisions about identification documents apply 4
only to certain incarcerated individuals; requiring the Commissioner of Correction 5
to determine whether an incarcerated individual is in possession of certain 6
documentation on taking custody of the incarcerated individual; requiring the 7
Commissioner to ens ure a certain individual has a valid identification card under 8
certain circumstances; providing that a certain individual is responsible for the 9
safekeeping and care of certain identification documents in the possession of an 10
incarcerated individual at the time of intake; requiring a certain correctional facility 11
to return a certain identification card or driver’s license to a certain incarcerated 12
individual at a certain time under certain circumstances; requiring the 13
Commissioner of Correction and the managing official of a local correctional facility 14
to provide certain forms to and work with a certain incarcerated individual under 15
certain circumstances to ensure a certain identification card or, driver’s license, or 16
birth certificate is available to the in carcerated individual at the time of the 17
incarcerated individual’s release from confinement; and generally relating to 18
incarcerated individuals. 19
BY repealing and reenacting, with amendments, 20
Article – Correctional Services 21
2 HOUSE BILL 22
Section 9–609.1 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Correctional Services 6
9–609.1. 7
(A) THIS SECTION APPLIES ONLY TO AN INCARCERA TED INDIVIDUAL 8
SERVING A SENTENCE O F 18 MONTHS OR MORE AT A STATE CORRECTIONAL 9
FACILITY. 10
(B) (1) ON TAKING CUSTODY OF AN INCARCERATED INDI VIDUAL 11
SENTENCED TO THE DIVISION OF CORRECTION, THE COMMISSIONER OF 12
CORRECTION SHALL DETE RMINE AND MAKE A REC ORD OF WHETHER THE 13
INCARCERATED INDIVIDUAL IS IN POSSESSION OF: 14
(I) A BIRTH CERTIFICATE; 15
(II) A SOCIAL SECURITY CARD; AND 16
(III) 1. A DRIVER’S LICENSE; OR 17
2. A VALID PHOTO IDENTI FICATION CARD ISSUED BY 18
THE MOTOR VEHICLE ADMINISTRATION UNDER § 12–301 OF THE 19
TRANSPORTATION ARTICLE. 20
(2) THE MANAGING OFFICIAL OF A STATE CORRECTIONAL FACILITY 21
IS RESPONSIBLE FOR T HE SAFEKEEPING AND C ARE OF EACH IDENTIFI CATION 22
DOCUMENT IN THE POSSESSION OF AN INCARCERATED INDIVIDUAL AT THE TIME OF 23
INTAKE FROM THE TIME THE INCARCERATED INDIVIDUAL IS LAWFULLY DETAINED 24
IN OR COMMITTED TO T HE FACILITY UNTIL DI SCHARGED, RELEASED, OR 25
WITHDRAWN UNDER A COURT ORDER OR OTHER LAWFUL AUTHORITY. 26
(a) (C) (1) The EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
SUBSECTION, THE Commissioner of Correction shall issue an identification card to an 28
incarcerated individual before release from confinement in a State correctional facility. 29
(2) The identification card issued under paragraph (1) of this subsection 30
shall meet the requi rements [for secondary identification for the purpose of an 31
identification card issued by the Motor Vehicle Administration under § 12 –301] SET 32
FORTH IN § 12–301.1 of the Transportation Article. 33
HOUSE BILL 22 3
(3) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF THE 1
COMMISSIONER OF CORRECTION HAS DETERM INED THAT THE INCARC ERATED 2
INDIVIDUAL IS IN POS SESSION OF THE INCAR CERATED INDIVIDUAL ’S 3
IDENTIFICATION THAT MEETS THE REQUIREMEN TS OF AN IDENTIFICAT ION CARD 4
ISSUED BY THE MOTOR VEHICLE ADMINISTRATION SET FO RTH IN § 12–301.1 OF 5
THE TRANSPORTATION ARTICLE. 6
(b) (D) (1) (i) Except as provided in paragraph (3) of this subsection, on 7
taking custody of an incarcerated individual sentenced to the Division of Correction AT 8
LEAST 9 MONTHS BEFORE THE AN TICIPATED RELEASE OF AN INC ARCERATED 9
INDIVIDUAL, the Commissioner of Correction shall begin the process of obtaining the 10
incarcerated individual’s birth certificate. 11
(ii) If an incarcerated individual’s birth certificate is obtained under 12
subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the 13
incarcerated individual with the birth certificate before release from confinement in a State 14
correctional facility. 15
(2) (i) Except as provided in paragraph (3) of this subsection, the 16
Commissioner of Correction shall apply to the Social Security Administration to obtain an 17
incarcerated individual’s Social Security card: 18
1. at the earliest date possible in accordance with any 19
memorandum of understanding between the Division of Correction and the Social Security 20
Administration providing for the issuance of incarcerated individual Social Security cards; 21
or 22
2. as soon as is practicable. 23
(ii) If an incarcerated individual’s Social Security card is obtained 24
under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the 25
incarcerated individual with the Social Security card before release from confinement in a 26
State correctional facility. 27
(3) (I) The Commissioner of Correction may not obtain a document 28
under paragraph (1) or (2) of this subsection unless the incarcerated individual consents in 29
writing to the Commissioner of Correction obtaining the document. 30
(II) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF 31
THE COMMISSIONER OF CORRECTION HAS DETERMINED THAT THE INCARCERATED 32
INDIVIDUAL IS IN POS SESSION OF THE INCAR CERATED INDIVIDUAL ’S BIRTH 33
CERTIFICATE. 34
(III) PARAGRAPH (2) OF THIS SUBSECTION D OES NOT APPLY IF 35
THE COMMISSIONER OF CORRECTION HAS DETERMINED THAT THE INCARCERATED 36
4 HOUSE BILL 22
INDIVIDUAL IS IN POS SESSION OF THE INC ARCERATED INDIVIDUAL ’S SOCIAL 1
SECURITY CARD. 2
(E) AT LEAST 6 MONTHS BEFORE THE RE LEASE OF AN INCARCER ATED 3
INDIVIDUAL, THE COMMISSIONER OF CORRECTION SHALL CONFIRM WHETHER THE 4
INCARCERATED INDIVIDUAL’S DOCUMENTS REQUIRED UNDER SUBSECTION (D) OF 5
THIS SECTION WERE OBTAINED. 6
(C) (F) (1) IF EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
SUBSECTION, IF AN INCARCERATED INDIVIDUAL ENTERED A STATE CORRECTIONAL 8
FACILITY OR A LOCAL CORRECTIO NAL FACILITY WITH A VALID PHOTO 9
IDENTIFICATION CARD ISSUED BY THE MOTOR VEHICLE ADMINISTRATION UNDER 10
§ 12–301 OF THE TRANSPORTATION ARTICLE OR A DRIVER ’S LICENSE AN ITEM 11
LISTED IN SUBSECTION (B) OF THIS SECTION, THE CORRECTIONAL FACILITY SHALL 12
RETURN THE IDENTIFICATION C ARD OR DRIVER ’S LICENSE EACH ITEM TO THE 13
INCARCERATED IND IVIDUAL AT OR BEFORE THE TIME OF THE INDI VIDUAL’S 14
RELEASE FROM CONFINEMENT. 15
(2) THE COMMISSIONER OF CORRECTION AND THE MA NAGING 16
OFFICIAL: 17
(I) MAY NOT RETURN AN EX PIRED DRIVER ’S LICENSE OR 18
PHOTO IDENTIFICATION ISSUED BY THE MOTOR VEHICLE ADMINISTRATION UNDER 19
§ 12–301 OF THE TRANSPORTATION ARTICLE TO AN INCARCE RATED INDIVIDUAL; 20
AND 21
(II) SHALL WORK WITH AN I NCARCERATED INDIVIDU AL IN 22
ACCORDANCE WITH SUBSECTION (G) OF THIS SECTION TO RENEW: 23
1. THE DRIVER’S LICENSE BEFORE THE RELEASE OF THE 24
INCARCERATED INDIVIDUAL IF: 25
A. THE DRIVER ’S LICENSE THAT THE I NCARCERATED 26
INDIVIDUAL POSSESSED AT THE TIME OF INTAK E EXPIRED LESS THAN 1 YEAR 27
BEFORE THE ANTICIPAT ED DATE OF THE INDIV IDUAL’S RELEASE FROM 28
CONFINEMENT; 29
B. THE LICENSE HAS NOT BEEN RE FUSED, REVOKED, 30
SUSPENDED, OR CANCELED UNDER AN Y PROVISION OF THE MARYLAND VEHICLE 31
LAW; AND 32
C. THE LICENSE IS NOT S UBJECT TO A RESTRICT ION 33
IMPOSED BY THE MOTOR VEHICLE ADMINISTRATION; OR 34
HOUSE BILL 22 5
2. THE PHOTO IDENTIFICA TION BEFORE THE RELE ASE 1
OF THE INCARCERATED INDIVIDUAL IF: 2
A. THE DRIVER ’S LICENSE THAT THE I NCARCERATED 3
INDIVIDUAL POSSESSED AT THE TIME OF INTAKE EXPIRED 1 YEAR OR MORE BEFORE 4
THE ANTICIPATED DATE OF THE INDIVIDUAL’S RELEASE FROM CONFINEMENT; OR 5
B. THE PHOTO IDENTIFICA TION C ARD ISSUED BY THE 6
MOTOR VEHICLE ADMINISTRATION UNDER § 12–301 OF THE TRANSPORTATION 7
ARTICLE THAT THE INCA RCERATED INDIVIDUAL POSSESSED AT THE TIM E OF 8
INTAKE EXPIRES BEFORE THE ANTICIPATED DA TE OF THE INDIVIDUAL ’S RELEASE 9
FROM CONFINEMENT. 10
(D) (G) (1) EXCEPT AS PROVIDED IN PARAGRAPH PARAGRAPHS (2) 11
AND (3) OF THIS SUBSECTION, 6 MONTHS BEFORE THE ANTICIPATED RELEASE FROM 12
CONFINEMENT OF AN INCARCERATED INDIVIDUAL WHO IS SERVING A SENTENCE OF 13
1 YEAR OR MORE IN A STATE CORRECTIONAL FACILITY OR A LOCAL CORRECTIONAL 14
FACILITY AS SOON AS REASONABL Y PRACTICABLE AFTER THE CONFIRMATION 15
REQUIRED UNDER SUBSE CTION (E) OF THIS SECTION , THE COMMISSIONER OF 16
CORRECTION AND THE MANAGING OFFICIAL OF A LOCAL CORRECTIONAL FACILITY 17
SHALL PROVIDE THE APPROPRIATE FORMS TO AND WORK WITH THE INCARCERATED 18
INDIVIDUAL TO ENSURE THAT A PHOTO IDENTIF ICATION CARD ISSUED BY THE 19
MOTOR VEHICLE ADMINISTRATION UNDER § 12–301 OF THE TRANSPORTATION 20
ARTICLE OR A DRIVER’S LICENSE IS AVAILABLE TO THE INCARCERATED INDIVIDUAL 21
AT THE TIME OF RELEASE FROM CONFINEMENT. 22
(2) PARAGRAPH (1) OF THIS SUBSECTION M AY BE SATISFIED BY 23
RETURN OF A VALID UNEXPIRED IDENTIFICATION CARD OR DRIVER’S LICENSE TO 24
AN INCARCERATED INDIVIDUAL UNDER SUBSECTION (C) (F) OF THIS SECTION. 25
(3) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF TH E 26
COMMISSIONER OF CORRECTION HAS DETERM INED THAT THE INCARC ERATED 27
INDIVIDUAL IS IN POS SESSION OF THE INCAR CERATED INDIVIDUAL’S UNEXPIRED 28
PHOTO IDENTIFICATION CARD ISSUED BY THE MOTOR VEHICLE ADMINISTRATION 29
UNDER § 12–301 OF THE TRANSPORTATION ARTICLE OR DRIVER’S LICENSE. 30
(H) (1) AT LEAST 3 MONTHS BEFORE THE AN TICIPATED RELEASE OF AN 31
INCARCERATED INDIVID UAL, THE COMMISSIONER OF CORRECTION SHALL 32
CONFIRM THAT THE INC ARCERATED INDIVIDUAL WILL BE IN POSSESSIO N OF ALL 33
IDENTIFICATION DOCUMENTS REQUIRED TO BE OBTAINED UNDER THIS SECTION ON 34
THE INCARCERATED INDIVIDUAL’S RELEASE. 35
(2) IF AN INCARCERATED IN DIVIDUAL IS RELEASED BEFORE THE 36
DATE OF THE INCARCER ATED INDIVIDUAL’S ANTICIPATED DATE O F RELEASE, THE 37
6 HOUSE BILL 22
COMMISSIONER OF CORRECTION SHAL L PROVIDE ALL IDENTI FICATION 1
DOCUMENTS BELONGING TO THE INCARCERATED INDIVIDUAL TO: 2
(I) THE INCARCERATED INDIVIDUAL AS SOON AS REASONABLY 3
PRACTICABLE; OR 4
(II) THE ISSUING AGENCY. 5
(E) (I) THIS SECTION MAY NOT BE CONSTRUED IN A MA NNER THAT IN 6
ANY WAY DELAYS THE RELEA SE FROM CONFINEMENT OF AN INCARCERATED 7
INDIVIDUAL. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.