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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0310*
HOUSE BILL 310
E5 6lr1310
CF SB 268
By: Delegates Kaufman, Holmes, A. Johnson, S. Johnson, and Shetty Shetty,
Conaway, Williams, Phillips, Moon, Simpson, Moreno, McComas, Nkongolo,
Simmons, and Taylor
Introduced and read first time: January 15, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Correctional Services – Restrictive Housing – Individuals With Developmental 2
or Intellectual Disabilities 3
FOR the purpose of authorizing requiring a certain clinical professional to conduct a certain 4
assessment for an incarcerated individual at intake at a State correctional facility; 5
authorizing a certain clinical professional to make a certain recommendation about 6
a certain incarcerated individual ; prohibiting a State correctional facility from 7
putting a certain incarcerated individual in restrictive housing for more than a 8
certain number of days unless the individual commits a certain prohibited act; and 9
generally relating to restrictive housing. 10
BY adding to 11
Article – Correctional Services 12
Section 9–614.3 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15
BY repealing and reenacting, without amendments, 16
Article – Health – General 17
Section 7–101(a), (g), and (n) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
2 HOUSE BILL 310
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Correctional Services 3
9–614.3. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “CLINICAL PROFESSIONAL ” MEANS AN INDIVIDUAL WHO IS 7
TRAINED AND OR LICENSED IN MENTAL HEALTH. 8
(3) “DEVELOPMENTAL DISABILITY” HAS THE MEANING STAT ED IN § 9
7–101 OF THE HEALTH – GENERAL ARTICLE. 10
(4) “INTELLECTUAL DISABILI TY” HAS THE MEANING STATED IN § 11
7–101 OF THE HEALTH – GENERAL ARTICLE. 12
(5) “PROHIBITED ACT” INCLUDES: 13
(I) CAUSING OR ATTEMPTIN G TO CAUSE SERIOUS P HYSICAL 14
INJURY TO OR DEATH OF ANOTHER PERSON; 15
(II) MAKING AN IMMINENT T HREAT OF SERIOUS PHY SICAL 16
INJURY OR DEATH TO ANOTHER PERSON WHEN: 17
1. THE INDIVIDUAL MAKIN G THE THREAT HAS A 18
HISTORY OF CAUSING PHYSICAL INJURY OR DEATH; AND 19
2. THE COMMISSIONER OF CORRECTION REASONABLY 20
DETERMINES THAT THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY 21
OUT A THREAT OF SERIOUS PHYSICAL INJURY OR DEATH; 22
(III) COMPELLING OR ATTEMP TING TO COMPEL ANOTH ER 23
PERSON, BY FORCE OR THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; 24
(IV) EXTORTING ANOTHER , BY FORCE OR THREAT O F FORCE , 25
FOR PROPERTY OR MONEY; 26
(V) COERCING ANOTHER, BY FORCE OR THREAT O F FORCE, TO 27
VIOLATE A RULE; 28
HOUSE BILL 310 3
(VI) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO 1
CAUSE A RIOT , AN INSURRECTION , OR ANY OTHER SIMILAR LY SERIOUS 2
DISTURBANCE THAT RES ULTS IN THE TAKING O F A HOSTAGE , MAJOR PROPERTY 3
DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; 4
(VII) PROCURING DEADLY WEA PONS OR OTHER DANGER OUS 5
CONTRABAND THAT POSE A SERIOUS THREAT TO THE SECURITY OF THE 6
INSTITUTION; AND 7
(VIII) ESCAPING, ATTEMPTING TO ESCAPE , OR FACILITATING AN 8
ESCAPE FROM A CORREC TIONAL FACILITY OR ES CAPING OR ATTEMPTING TO 9
ESCAPE WHILE UNDER SUPERVISION OUTSIDE A CORRECTIONAL FACILITY. 10
(6) (I) “RESTRICTIVE HOUSING ” MEANS A FORM OF PHYS ICAL 11
SEPARATION THAT HAS NOT BEEN REQUESTED BY THE INCARCERATED INDIVIDUAL 12
IN WHICH THE INCARCERATED INDIVIDUAL IS PLACED IN A LOCKED ROOM OR CELL 13
FOR APPROXIMATELY 22 HOURS OR MORE OUT OF A 24–HOUR PERIOD. 14
(II) “RESTRICTIVE HOUSING ” INCLUDES ADMINISTRAT IVE 15
SEGREGATION AND DISCIPLINARY SEGREGATION. 16
(III) “RESTRICTIVE HOUSING” DOES NOT INCLUDE: 17
1. MEDICAL ISOLATION; 18
2. MENTAL–HEALTH OBSERVATION O R CRISIS 19
STABILIZATION; 20
3. SUICIDE WATCH; 21
4. PROTECTIVE CUSTODY R EQUESTED BY THE 22
INCARCERATED INDIVIDUAL; OR 23
5. QUARANTINE OR PUBLIC–HEALTH ISOLATION. 24
(B) THIS SECTION APPLIES TO A STATE CORRECTIONAL FACILITY. 25
(C) (1) DURING THE INTAKE ASSESSMENT MEDICAL SCREENING 26
CONDUCTED ON ADMISSI ON TO A STATE CORRECTIONAL FA CILITY FOR A NEW 27
INCARCERATED INDIVIDUAL, AN APPLICABLE CLINICAL PROFESSIONAL MAY SHALL, 28
AS PART OF THE STAN DARD INTAKE SCREENIN G PROCESS , ASSESS THE 29
INCARCERATED INDIVIDUAL FOR INDICATORS OF A DEVELOPMENTAL DISA BILITY 30
OR AN INTELLECTUAL DISABILITY. 31
4 HOUSE BILL 310
(2) (I) BASED ON THE ASSESSME NT UNDER PARAGRAPH (1) OF 1
THIS SUBSECTION , THE CLINICAL PROFESS IONAL MAY RECOMMEND TO THE 2
CORRECTIONAL FACILITY THAT THE INCARCERA TED INDIVIDUAL SHOUL D NOT BE 3
PLACED IN RESTRICTIV E HOUSING FOR MORE T HAN 15 CONSECUTIVE DAYS IN A 4
30–DAY PERIOD. 5
(II) IF A CLINICAL PROFESSIONAL MAKES A RECOMMENDATION 6
DESCRIBED IN SUBPARA GRAPH (I) OF THIS PARAGRAPH , THE CORRECTIONAL 7
FACILITY MAY NOT PLA CE AN INCARCERATED I NDIVIDUAL IN RESTRIC TIVE 8
HOUSING FOR MORE THAN 15 CONSECUTIVE DAYS IN A 30–DAY PERIOD. 9
(D) THE 15 CONSECUTIVE DAY LIMI T ON RESTRICTIVE HOU SING UNDER 10
THIS SECTION DOES NOT APPLY TO AN INCARC ERATED INDIVIDUAL WHO COMMITS 11
A PROHIBITED ACT. 12
Article – Health – General 13
7–101. 14
(a) In this title the following words have the meanings indicated. 15
(g) “Developmental disability” means a severe chronic disability of an individual 16
that: 17
(1) Is attributable to a physical or mental impairment, other than the sole 18
diagnosis of mental illness, or to a combination of mental and physical impairments; 19
(2) Is manifested before the individual attains the age of 22; 20
(3) Is likely to continue indefinitely; 21
(4) Results in an inability to live independently without external support 22
or continuing and regular assistance; and 23
(5) Reflects the need for a combination and sequence of special, 24
interdisciplinary, or generic care, treatment, or other services that are individually planned 25
and coordinated for the individual. 26
(n) “Intellectual disability” means a developmental disability that is evidenced by 27
significantly subaverage intellectual functioning and impairment in the adaptive behavior 28
of an individual. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31