Correctional Services - Diminution of a Term of Confinement

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0697*

HOUSE BILL 697
E2 6lr0990
HB 374/25 – JUD
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: February 2, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Diminution of a Term of Confinement 2

FOR the purpose of prohibiting the earning of diminution credits to reduce the term of 3
confinement of an incarcerated individual who is serving a sentence for murder in 4
the first degree in a State or local correctional facility; and generally relating to 5
diminution credits. 6

BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 3–702 and 11–502 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Correctional Services 14

3–702. 15

(a) Subject to subsections (b) [and], (c), AND (D) of this section, § 3 –711 of this 16
subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the 17
custody of the Commissioner is entitled to a diminution of the incarcerated individual’s 18
term of confinement as provided under this subtitle. 19

(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual 20
who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article 21
involving a victim who is a child under the age of 16 years, or an incarcerated individual 22
who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, 23
2 HOUSE BILL 697

as the sections existed before October 1, 2017, involving a victim who is a child under the 1
age of 16 years, is not entitled to a diminutio n of the incarcerated individual’s term of 2
confinement as provided under this subtitle. 3

(2) An incarcerated individual who is serving a sentence for a violation of 4
§ 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled 5
to a diminution of the incarcerated individual’s term of confinement as provided under this 6
subtitle. 7

(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 8
of the Criminal Law Article involving a victim who is a child under the age of 16 years is 9
not entitled to a diminution of the incarcerated individual’s term of confinement as provided 10
under this subtitle, if the incarcerated individual was previously convicted of a violation of 11
§ 3–307 of the Criminal Law Article in volving a victim who is a child under the age of 16 12
years. 13

(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 14
VIOLATION OF § 2–201 OF THE CRIMINAL LAW ARTICLE THAT OCCURRED ON OR 15
AFTER OCTOBER 1, 2026, IS NOT ENTITLED TO A DIMINUTION OF THE 16
INCARCERATED INDIVIDUAL’S TERM OF CONFINEMEN T AS PROVIDED UNDER THIS 17
SUBTITLE. 18

11–502. 19

(a) Except as provided in subsections (b) [and], (c), AND (D) of this section, an 20
incarcerated individual who has been sentenced to a term of imprisonment shall be allowed 21
deductions from the incarcerated individual’s term of confinement as provided under this 22
subtitle for any period of presentence or postsentence confinement in a local correctional 23
facility. 24

(b) (1) Subject to paragraph (2) of this subsection, an inc arcerated individual 25
who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article 26
involving a victim who is a child under the age of 16 years, or an incarcerated individual 27
who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, 28
as the sections existed before October 1, 2017, involving a victim who is a child under the 29
age of 16 years, may not be allowed deductions from the incarcerated individual’s term of 30
confinement as provided under thi s subtitle for any period of presentence or postsentence 31
confinement in a local correctional facility. 32

(2) An incarcerated individual who is serving a sentence for a violation of 33
§ 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, may not be 34
allowed deductions from the incarcerated individual’s term of confinement as provided 35
under this subtitle for any period of presentence or postsentence confinement in a local 36
correctional facility. 37

HOUSE BILL 697 3

(3) This subsection may not be construed to require an incarcerated 1
individual to serve a longer sentence of confinement than is authorized by the statute under 2
which the incarcerated individual was convicted. 3

(c) (1) An incarcerated individual who is serving a sentence for a violation of 4
§ 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 5
years, who has previously been convicted of violating § 3 –307 of the Criminal Law Article 6
involving a victim who is a child under the age of 16 years, may not be allowed deductions 7
from the incarcerated individual’s term of confinement as provided under this subtitle for 8
any period of presentence or postsentence confinement in a local correctional facility. 9

(2) This subsection may not be construed to require an incarcerated 10
individual to serve a longer sentence of confinement than is authorized by the statute under 11
which the incarcerated individual was convicted. 12

(D) AN INCARCERATED INDIV IDUAL WHO IS SERVING A SENTENCE FOR A 13
VIOLATION OF § 2–201 OF THE CRIMINAL LAW ARTICLE THAT OCCURRED ON OR 14
AFTER OCTOBER 1, 2026, IS NOT ENTITLED TO A DIMINUTION OF THE 15
INCARCERATED INDIVIDUAL’S TERM OF CONFINEMEN T AS PROVIDED UNDER THIS 16
SUBTITLE. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19