Juvenile Law - Confinement and Restrictive Housing - Limitations

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amendment.
*hb0921*

HOUSE BILL 921
E3, E4 6lr1966
HB 1107/25 – JUD
By: Delegate Moreno Delegates Moreno, Cardin, Phillips, Simmons, McComas,
Arikan, Taylor, Simpson, Moon, Conaway, Woods, and Williams
Introduced and read first time: February 5, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Juvenile Law – Confinement and Restrictive Housing – Limitations 2

FOR the purpose of limiting the circumstances under which an incarcerated minor may be 3
involuntarily placed in restrictive housing; authorizing the Department of Juvenile 4
Services to place a minor in r estrictive housing at the minor’s request; specifying 5
certain protocols for minors placed in restrictive housing; altering certain 6
requirements for regulations adopted by the Department of Juvenile Services 7
relating to the placement of a minor in restricti ve housing and confinement; and 8
generally relating to the placement of minors in restrictive housing and the 9
confinement of juveniles. 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, with amendments, 16
Article – Human Services 17
Section 9–227(b)(2) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2025 Supplement) 20

2 HOUSE BILL 921

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) “DEPARTMENT” MEANS THE DEPARTMENT OF JUVENILE 7
SERVICES. 8

(3) “RESTRICTIVE HOUSING” HAS THE MEANING STATED IN § 9–614 9
OF THIS SUBTITLE. 10

(B) THIS SECTION APPLIES TO A FACILITY OPERAT ED BY THE 11
DEPARTMENT. 12

(C) A MINOR MAY NOT BE PLA CED IN RESTRICTIVE H OUSING SOLELY FOR 13
THE PURPOSES OF DISC IPLINE, PUNISHMENT, ADMINISTRATIVE CONVE NIENCE, 14
RETALIATION, OR STAFFING SHORTAGES. 15

(D) (1) A MINOR MAY BE PLACED IN RESTRICTIVE HOUSI NG AS A 16
TEMPORARY MEASURE IF: 17

(I) THE MANAGING OFFICIAL OF THE FACILITY FINDS BY CLEAR 18
AND CONVINCING EVIDE NCE THAT THERE IS AN IMMEDIATE AND SUBSTA NTIAL 19
RISK: 20

1. OF PHYSICAL HARM TO THE MINOR , OTHER 21
INCARCERATED INDIVIDUALS, OR STAFF; OR 22

2. TO THE SECURITY OF THE FACILITY; 23

(II) THERE ARE NO OTHER REASONABLE MEANS TO ELIMINATE 24
THE RISK; 25

(III) RESTRICTIVE HOUSING IS USED ONLY TO THE EXTENT 26
NECESSARY TO ELIMINATE THE IDENTIFIED RISK; 27

(IV) RESTRICTIVE HOUSING OCCURS UNDER THE LEA ST 28
RESTRICTIVE CONDITIONS PRACTICABLE AND C ONSISTENT WITH THE R ATIONALE 29
FOR THE MINOR’S PLACEMENT IN RESTRICTIVE HOUSING; 30
HOUSE BILL 921 3

(V) FACILITY STAFF PROMP TLY NOTIFIES THE MIN OR OF THE 1
RATIONALE FOR THE MINOR’S PLACEMENT IN RESTRICTIVE HOUSING; AND 2

(VI) FACILITY STAFF DEVELOPS A PLAN THAT WILL ALLOW THE 3
MINOR TO LEAVE RESTR ICTIVE HOUSING AND R ETURN TO THE GENERAL 4
POPULATION AS SOON AS POSSIBLE. 5

(2) (I) A HEALTH CARE OR MENTA L HEA LTH CARE PROVIDER 6
SHALL CONDUCT A MENT AL HEALTH SCREENING OF A MINOR PLACED IN 7
RESTRICTIVE HOUSING UNDER THIS SUBSECTION WITHIN 1 HOUR OF THE MINOR’S 8
PLACEMENT. 9

(II) FOLLOWING THE MENTAL HEALTH SCREENING CONDUCTED 10
UNDER SUBPARAGRAPH (I) OF THIS PARAGRA PH, THE DEPARTMENT SHALL 11
PROVIDE THE MINOR WITH ANY NECESSARY MENTAL HEALTH SERVICES. 12

(3) A MINOR PLACED IN REST RICTIVE HOUSING UNDE R THIS 13
SUBSECTION SHALL BE HOUSED IN RESTRICTIV E HOUSING FOR THE SH ORTEST 14
AMOUNT OF TIME NECESSARY, NOT TO EXCEED 6 HOURS. 15

(4) AT THE END OF THE TIM E PERIOD DESCRIBED U NDER 16
PARAGRAPH (3) OF THIS SUBSECTION, THE DEPARTMENT SHALL: 17

(I) RETURN THE MINOR TO THE GENERAL POPULATION; 18

(II) TRANSPORT THE MINOR TO AN EMERGENCY DEPARTMENT; 19

(III) TRANSFER THE MINOR T O THE MEDICAL UNIT IN THE 20
FACILITY; OR 21

(IV) PROVIDE SPECIAL INDI VIDUALIZED PROGRAMMI NG 22
OUTSIDE OF RESTRICTIVE HOUSING THAT MAY INCLUDE: 23

1. IN–PERSON SUPERVISION BY AND INTERACTION WITH 24
STAFF MEMBERS; 25

2. IN–PERSON PROVISION OF EDUCATIONAL SERVICES; 26

3. INVOLVEMENT OF THE MINOR IN OTHER ASPECTS OF 27
THE FACILITY ’S PROGRAMMING , UNLESS THE INVOLVEME NT THREATENS THE 28
SAFETY OF THE MINOR OR STAFF OR THE SECURITY OF THE FACILITY; 29

4 HOUSE BILL 921

4. DEVELOPMENT OF AN IN DIVIDUALIZED PLAN TO 1
IMPROVE THE MINOR’S BEHAVIOR, CREATED IN CONSULTATION WITH THE MINOR , 2
MENTAL HEALTH CARE O R HEALTH CARE STAFF , AND THE MINOR ’S FAMILY 3
MEMBERS, THAT IDENTIFIES THE CAUSES AND PURPOSES OF THE NEGATIVE 4
BEHAVIOR AND ESTABLI SHES CONCRETE GOALS THAT THE MINOR CAN W ORK 5
TOWARD IN ORDER TO BE REMOVED FROM SPECIAL PROGRAMMING; AND 6

5. DAILY REVIEW WITH TH E MINOR OF THE MINOR ’S 7
PROGRESS TOWARD GOALS OUTLINED IN THE INDIVIDUALIZED PLAN. 8

(E) (1) A MINOR MAY BE PLACED IN RESTRICTIVE HOUSI NG AT THE 9
MINOR’S REQUEST. 10

(2) A MINOR PLACED IN RESTRIC TIVE HOUSING UNDER T HIS 11
SUBSECTION MAY REVOKE A REQUEST TO BE PLACED IN RESTRICTIVE HOUSING AT 12
ANY TIME, AND, IF REVOKED, THE MINOR SHALL BE I MMEDIATELY RETURNED TO 13
THE GENERAL POPULATION. 14

(F) A MINOR PLACED IN RESTRICTIVE HOUSING SHALL BE PROVIDED: 15

(1) THE SAME STANDARD OF ACCESS TO THE FOLLOWING PRIVILEGES 16
AND CONDITIONS THAT ARE PROVIDED TO INCA RCERATED INDIVIDUALS NOT IN 17
RESTRICTIVE HOUSING: 18

(I) PHONE CALLS; 19

(II) VISITS; 20

(III) MAIL; 21

(IV) FOOD; 22

(V) WATER; 23

(VI) SHOWERS; 24

(VII) SANITARY SUPPLIES; 25

(VIII) PROPERTY, INCLUDING CLOTHING AND BEDDING; 26

(IX) EDUCATIONAL SERVICES; 27

(X) EDUCATIONAL READING MATERIALS; AND 28
HOUSE BILL 921 5

(XI) MEDICAL, MENTAL, AND DENTAL HEALTH CARE; AND 1

(2) UNLESS IT WOULD POSE A RISK OF PHYSICAL HARM TO THE MINOR 2
OR ANOTHER , MAXIMIZED ACCESS TO RECREATION, EDUCATION, AND 3
PROGRAMMING. 4

(G) IF A PRIVILEGE OR CONDITION DESCRIBED IN SUBSECTION (F) OF THIS 5
SECTION IS NOT PROVI DED TO THE MINOR , THE MANAGING OFFICIA L OR THE 6
MANAGING OFFI CIAL’S DESIGNEE SHALL REC ORD THE REASON IN TH E MINOR ’S 7
FILE. 8

Article – Human Services 9

9–227. 10

(b) The Department shall: 11

(2) adopt regulations applicable to residential facilities it operates that: 12

(i) prohibit the use of locked door seclusion and restraints as 13
punishment [and describe the circumstances under which locked door seclusion and 14
restraints may be used ], FOR CONVENIENCE , AS A STAFFING SUBSTI TUTE, OR IN 15
RETALIATION; 16

(II) SPECIFY THAT LOCKED DOOR SECLUSION AND RESTRAINTS 17
MAY BE USED ONLY WHEN ALL LESS R ESTRICTIVE MEASURES HAVE BEEN 18
EXHAUSTED; 19

(III) LIMIT THE USE OF LOC KED DOOR SECLUSION A ND 20
RESTRAINTS TO THOSE INSTANCES WHERE THER E IS AN IMMEDIATE AN D 21
SUBSTANTIAL RISK OF PHYSICAL HARM TO THE CHILD OR OTHERS , OR IMMINENT 22
RISK OF ESCAPE; 23

(IV) REQUIRE THAT THE USE OF ANY LOCKED DOOR SECLUSION: 24

1. BE TRAUMA –INFORMED, DEVELOPMENTALLY 25
APPROPRIATE, AND TIME–LIMITED; 26

2. REQUIRE VISUAL INSPE CTION OF THE CHILD B Y 27
DIRECT CARE STAFF IN INTERVALS OF LESS THAN 15 MINUTES; 28

3. REQUIRE AN INITIAL ME DICAL AND BEHAVIORAL 29
HEALTH ASSESSMENT OF THE CHILD TO BE COND UCTED NOT LATER THAN 30 30
MINUTES AFTER THE INITIATION OF THE LOCKED DOOR SECLUSION; 31
6 HOUSE BILL 921

4. REQUIRE REPEATED MED ICAL AND BEHAVIORAL 1
HEALTH ASSESSMENTS AT REGULAR INTERVALS FOLLOWING AN INITIAL ME DICAL 2
EXAMINATION UNDER ITEM 3 OF THIS ITEM; 3

5. PROVIDE SCHEDULED ME ALS AND SNACKS , ACCESS 4
TO WATER , BATHROOM ACCESS , ACCESS TO EDUCATIONA L SERVICES AND 5
MATERIALS, AND ACCESS TO HYGIENE ITEMS; 6

6. BE TERMINATED IMMEDI ATELY ONCE THE 7
IMMEDIATE AND SUBSTANTIAL THREAT HAS PASSED; AND 8

7. BE FOLLOWED BY A DEBRIEFING WITH A BEHAVIORAL 9
HEALTH REVIEW TO PREVENT FUTURE USE FOR THE CHILD; and 10

[(ii)] (V) prohibit abuse of a child; and 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. 13

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.