Correctional Services - Incarcerated Individuals - Menstrual Hygiene

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0891*

HOUSE BILL 891
E5 6lr2696

By: Delegate Conaway
Introduced and read first time: February 4, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Incarcerated Individuals – Menstrual Hygiene 2

FOR the purpose of requiring the Patuxent Institution and each State and local correctional 3
facility to maintain records on instances of items damaged or destroyed due to visible 4
leakage of menstrual discharge under certain circumstances ; prohibiting the 5
Patuxent Institution and each State and local correctional facility from subjecting 6
female incarcerated individuals to disciplinary measures for items dama ged or 7
destroyed without malicious intent due to visible leakage of menstrual discharge; 8
and generally relating to incarcerated individuals and menstrual hygiene. 9

BY repealing and reenacting, with amendments, 10
Article – Correctional Services 11
Section 4–214 and 9–616 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Correctional Services 17

4–214. 18

(a) (1) In this section the following words have the meanings indicated. 19

(2) “Commission” means the Maryland Commission of Correctional 20
Standards. 21

(3) “Menstrual hygiene products” includes tampons and sanitary napkins 22
for use in connection with the menstrual cycle. 23

2 HOUSE BILL 891

(b) (1) The Institu tion shall have a written policy and procedure in place 1
requiring menstrual hygiene products to be provided at no cost to a female incarcerated 2
individual on: 3

(i) admission to the facility; 4

(ii) a routine basis; and 5

(iii) request. 6

(2) The Director shall ensure that the Institution has a sufficient supply of 7
menstrual hygiene products available to meet the needs of the incarcerated individual 8
population at all times. 9

(c) The Commission shall establish standards regarding the proper disposal of 10
menstrual hygiene products. 11

(d) (1) The Institution shall maintain records on the provisions and 12
availability of menstrual hygiene products to incarcerated individuals. 13

(2) THE INSTITUTION SHALL MAINTAIN RECORDS ON THE INSTANCES 14
OF ITEMS DAMAGED OR DESTROYED DUE TO VISIBLE LEAKAGE OF MENSTRUAL 15
DISCHARGE FROM INCARCERATED INDIVIDUALS. 16

(e) The Commission shall review the Institution’s policy and records relating to 17
menstrual hygiene products during regular inspections. 18

(F) THE INSTITUTION MAY NOT SUBJECT A FEMALE INCARCERATED 19
INDIVIDUAL TO DISCIPLINARY MEAS URES FOR ITEMS DAMAGED OR DESTROYED 20
WITHOUT MALICIOUS IN TENT DUE TO THE VISIBLE LEAKAGE OF MENSTRUAL 21
DISCHARGE. 22

9–616. 23

(a) (1) In this section the following words have the meanings indicated. 24

(2) “Commission” means the Maryland Commission on Correctional 25
Standards. 26

(3) “Menstrual hygiene products” includes tampons and sanitary napkins 27
for use in connection with the menstrual cycle. 28

(b) This section applies to local correctional facilities and correctional facilities in 29
the Division of Correction. 30

HOUSE BILL 891 3

(c) (1) Each correctional facility shall have a written policy and procedure in 1
place requiring menstrual hygiene products to be provided at no cost to a female 2
incarcerated individual on: 3

(i) admission to the facility; 4

(ii) a routine basis; and 5

(iii) request. 6

(2) The managing official of a correctional facility shall ensure that the 7
facility has a sufficient supply of menstrual hygiene products available to meet the n eeds 8
of the incarcerated individual population at all times. 9

(d) The Commission shall establish standards regarding the proper disposal of 10
menstrual hygiene products. 11

(e) (1) Each correctional facility shall maintain records on the provision and 12
availability of menstrual hygiene products to incarcerated individuals. 13

(2) EACH CORRECTIONAL FAC ILITY SHALL MAINTAIN RECORDS ON 14
THE INSTANCES OF ITEMS DAMAGED OR DESTROYED DUE TO VISIBLE LEAKAGE OF 15
MENSTRUAL DISCHARGE FROM INCARCERATED INDIVIDUALS. 16

(f) The Commission shall review each correctional facility’s policy and records 17
relating to menstrual hygiene products during regular inspections. 18

(G) A CORRECTIONAL FACILIT Y MAY NOT SUBJECT A FEMALE 19
INCARCERATED INDIVIDUAL TO DISCIPLINARY MEASURES FOR ITEMS DAMAGED OR 20
DESTROYED WITHOUT MA LICIOUS INTENT DUE T O THE VISIBLE LEAKAG E OF 21
MENSTRUAL DISCHARGE. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24