Correctional Services - Restrictive Housing

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1154*

HOUSE BILL 1154
E5 6lr3037
CF SB 908
By: Delegate Phillips
Introduced and read first time: February 11, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Restrictive Housing 2

FOR the purpose of altering a certain definition of restrictive housing; limiting the amount 3
of time that an individual may be placed in restrictive housing; requiring all 4
restrictive housing units to create the least restrictive environment necessary for 5
certain purposes; prohibiting the placement of a certain member of a vulnerable 6
population in restrictive housing for any period of time; requiring a certain 7
individual in restrictive housing to be offered a certain amount of time outside the 8
individual’s cell each day; requiring the Correctional Ombudsman to review the 9
status of the implementation of this Act at certain times and to include a summary 10
of the results of t hose reviews in certain annual reports; and generally relating to 11
restrictive housing. 12

BY repealing and reenacting, without amendments, 13
Article – Correctional Services 14
Section 9–601.1 and 9–614.1 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17

BY repealing and reenacting, with amendments, 18
Article – Correctional Services 19
Section 9–614(a) 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22

BY adding to 23
Article – Correctional Services 24
Section 10 –1001 through 10 –1003 to be under the new subt itle “Subtitle 10. 25
Restrictive Housing” 26
Annotated Code of Maryland 27
(2025 Replacement Volume) 28
2 HOUSE BILL 1154

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

9–601.1. 4

(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 5
subtitle. 6

(b) Except as provided in this section, a pregnant incarcerated individual may not 7
be involuntarily placed in restrictive housing, including involuntary medical isolation or 8
infirmary. 9

(c) (1) A pregnant incarcerated individual may be involuntarily placed in 10
restrictive housing if the managing official of the correctional facility, in consultation with 11
the person overseeing women’s health and services in the facility, makes an individualized 12
and written determination that restrictive housing is required as a temporary response to: 13

(i) behavior that poses: 14

1. a serious and immediate risk of physical harm to the 15
incarcerated individual or another; or 16

2. an immediate and credible flight risk that cannot be 17
reasonably prevented by other means; or 18

(ii) a situation that poses a risk of spreading a communicable disease 19
that cannot be reasonably mitigated by other means. 20

(2) A managing official who makes a determination described in paragraph 21
(1) of this subsection shall document the reason why other less restrictive housing is not 22
possible. 23

(3) The determination described in paragraph (1) of this subsection shall 24
be reviewed and affirmed at least e very 24 hours in writing with a copy provided to the 25
incarcerated individual. 26

(d) An individual placed in restrictive housing under this section shall be: 27

(1) medically assessed every 8 hours; 28

(2) housed only in the least restrictive setting consis tent with the health 29
and safety of the individual; and 30

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(3) given an intensive treatment plan developed and approved by the 1
person overseeing women’s health and services in the facility. 2

(e) (1) A pregnant incarcerated individual who is deemed to need infirmary 3
care shall be admitted to the infirmary on order of a primary care nurse practitioner or 4
obstetrician. 5

(2) If the incarcerated individual is overdue in the pregnancy, the 6
incarcerated individual shall be housed in the infirmary as an admitted patient until labor 7
begins or until the obstetrical consultant has made other housing and care 8
recommendations. 9

(3) A pregnant incarcerated individual who has been placed in the 10
infirmary shall be provided: 11

(i) access to regular outside recreation consistent with the general 12
population; 13

(ii) access to visits, mail, and telephone consistent with general 14
population privileges; and 15

(iii) the ability to continue to participate in work detail, 16
programming, and classes. 17

(f) (1) Within 48 hours a fter confirmation by a health care professional that 18
an incarcerated individual is pregnant, the incarcerated individual shall be notified in 19
writing of the restrictions on a pregnant incarcerated individual being placed in restrictive 20
housing provided in this section. 21

(2) The Secretary shall establish a process through which an incarcerated 22
individual may report a violation of this section. 23

(g) The managing official of a correctional facility who authorized the placement 24
of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of 25
the placement a report in writing to the Commissioner of Correction, the Commissioner of 26
Pretrial Detention and Services, and the person overseeing women’s health and services in 27
the facility th at describes the facts and circumstances surrounding the placement, 28
including: 29

(1) the reasoning for the determination to place the incarcerated individual 30
in restrictive housing; 31

(2) details of the placement, including the names of those who conduct ed 32
medical assessments of the incarcerated individual, dates and times of placement, and the 33
date, if applicable, the incarcerated individual was released from restrictive housing; and 34

4 HOUSE BILL 1154

(3) any physical or mental effects on the incarcerated individual or fetus 1
resulting from the placement observed or reported by the person overseeing women’s health 2
and services in the facility. 3

9–614. 4

(a) (1) In this section the following words have the meanings indicated. 5

(2) “Correctional unit” has the meaning stated in § 2–401 of this article. 6

(3) (i) “Restrictive housing” means a form of physical separation that 7
has not been requested by the incarcerated individual in which the incarcerated individual 8
is placed in a locked room or cell for [approximately 22] 20 hours or more out of a 24–hour 9
period. 10

(ii) “Restrictive housing” includes administrative segregation and 11
disciplinary segregation. 12

9–614.1. 13

(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this 14
subtitle. 15

(b) This section applies to a facility operated by a correctional unit, as defined in 16
§ 2–401 of this article. 17

(c) A minor may not be placed in restrictive housing unless the managing official 18
of the facility finds by clear and convincing evidence that there is an immediate and 19
substantial risk: 20

(1) of physical harm to the minor, other incarcerated individuals, or staff; 21
or 22

(2) to the security of the facility. 23

(d) A minor placed in restrictive housing shall be provided: 24

(1) daily physical and mental health assessments to determine whether the 25
minor may be released from restrictive housing; 26

(2) the same standard of access that is provided to incarcerated individuals 27
not in restrictive housing to: 28

(i) phone calls; 29

(ii) visits; 30

HOUSE BILL 1154 5

(iii) mail; 1

(iv) food; 2

(v) water; 3

(vi) showers; 4

(vii) sanitary supplies; 5

(viii) property, including clothing and bedding; and 6

(ix) medical, mental, and dental health care; and 7

(3) unless it would pose a risk of physical harm to the minor or another, 8
maximized access to recreation, education, and programming. 9

(e) If a privilege or condition described in subsection (d) of this section is not 10
provided to the minor, the managing official or the managing official’s designee shall record 11
the reason in the minor’s file. 12

SUBTITLE 10. RESTRICTIVE HOUSING. 13

10–1001. 14

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16

(B) “MEMBER OF A VULNERABLE POPULATION” MEANS AN INCARCERATED 17
INDIVIDUAL WHO: 18

(1) IS UNDER THE AGE OF 22 YEARS; 19

(2) IS AT LEAST 55 YEARS OLD; 20

(3) (I) HAS A DISABILITY BASED ON A MENTAL ILLNESS; 21

(II) HAS A HISTORY OF PSYCHIATRIC HOSPITALIZATION; OR 22

(III) HAS RECENTLY EXHIBIT ED CONDUCT INDICATIN G THE 23
NEED FOR FURTHER OBS ERVATION OR EVALUATI ON, INCLUDING SERIOUS 24
SELF–MUTILATION, TO DETERMINE THE PRESENCE OF SERIOUS MENTAL ILLNESS; 25

(4) HAS A DEVELOPMENTAL DISABILITY; 26

6 HOUSE BILL 1154

(5) HAS A SERIOUS MEDICAL CONDITION THAT CANNOT EFFECTIVELY 1
BE TREATED IN RESTRICTIVE HOUSING; 2

(6) (I) IS PREGNANT; 3

(II) IS FEWER THAN 45 DAYS POSTPARTUM; 4

(III) IS CARING FOR A CHILD IN THE FACILITY UNDER § 9–601(I) 5
OF THIS ARTICLE; OR 6

(IV) HAS RECENTLY SUFFERED A MISCARRIAGE OR TERMINATED 7
A PREGNANCY; 8

(7) HAS A SIGNIFICANT AUDITORY OR VISUAL IMPAIRMENT; OR 9

(8) IS PERCEIVED TO BE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR 10
INTERSEX. 11

(C) “RESTRICTIVE HOUSING” HAS THE MEANING STATED IN § 9–614 OF THIS 12
ARTICLE. 13

10–1002. 14

(A) AN INDIVIDUAL MAY NOT BE KEPT IN RESTRICTIVE HOUSING FOR: 15

(1) LONGER THAN IS NECESSARY; 16

(2) LONGER THAN 15 CONSECUTIVE DAYS; AND 17

(3) MORE THAN 20 TOTAL DAYS IN ANY 60–DAY PERIOD. 18

(B) (1) EACH DAY, AN INDIVIDUAL IN RES TRICTIVE HOUSING SHA LL BE 19
OFFERED AT LEAST 4 HOURS OF TIME THAT THE INDIVIDUAL MAY BE OUTSIDE THE 20
INDIVIDUAL’S CELL. 21

(2) THE TIME REQUIRED UND ER THIS SUBSECTION I NCLUDES ANY 22
TIME FOR: 23

(I) PROGRAMMING; AND 24

(II) THE PROVISION OF MED ICAL OR MENTAL HEALT H 25
TREATMENT WITHIN A CLINICAL AREA OF THE FACILITY. 26

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(C) ALL RESTRICTIVE HOUSI NG UNITS SHALL CREAT E THE LEAST 1
RESTRICTIVE ENVIRONMENT NECESSARY FOR THE SAFETY OF ALL INCARCERATED 2
INDIVIDUALS AND STAFF AND FOR THE SECURITY OF THE FACILITY. 3

10–1003. 4

NOTWITHSTANDING THE P ROVISIONS OF §§ 9–601.1 AND 9–614.1 OF THIS 5
ARTICLE, A MEMBER OF A VULNER ABLE POPULATION MAY NOT BE PLACED IN 6
RESTRICTIVE HOUSING FOR ANY PERIOD OF TIME. 7

SECTION 2. AND BE IT FURTHER ENACTED, That: 8

(a) On or before October 1, 2028, and October 1, 2030, the Correctional 9
Ombudsman shall review the status of the implementation of this Act. 10

(b) In conducting the reviews required under subsection (a) of this section, the 11
Correctional Ombudsman may: 12

(1) make unannounced visits to correctional facilities; 13

(2) review daily logs; and 14

(3) administer anonymous surveys. 15

(c) The Correctional Ombu dsman shall include a summary of the results of the 16
reviews required under subsection (a) of this section in the annual reports required under 17
§ 9–4006 of the State Government Article to be submitted on or before December 31, 2028, 18
and December 31, 2030, respectively. 19

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21