Correctional Services - Comprehensive Rehabilitative Prerelease Services - Female Incarcerated Individuals (Monica Cooper Prerelease Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0187*

SENATE BILL 187
E5 EMERGENCY BILL (6lr1151)
ENROLLED BILL
— Judicial Proceedings and Budget and Taxation/Judiciary and Appropriations —
Introduced by Senator M. Washington

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Correctional Services – Comprehensive Rehabilitative Prerelease Reentry 2
Prerelease Services – Female Incarcerated Individuals 3
(Monica Cooper Prerelease Act) 4

FOR the purpose of altering certain provisions requiring a certain prerelease facility for 5
female incarcerated individuals to instead require a reentry facility; altering the 6
required specifications for a certain prerelease reentry prerelease facility for female 7
incarcerated individuals; requiring the Department of General Services to direct 8
certain procurement processes for the construction of a certain prereleas e reentry 9
facility for female incarcerated individuals submit a certain timeline of deliverables 10
to certain entities; requiring the Commissioner of Correction to make certain services 11
available to certain female incarcerated individuals; requiring the Depa rtment of 12
Public Safety and Correctional Services to implement certain comprehensive 13
rehabilitative prerelease reentry services by a certain date meet certain requirements 14
relating to the planning, construction, and operation of the prerelease facility ; 15
2 SENATE BILL 187

requiring the Maryland Department of Labor and the Department of Public Safety 1
and Correctional Services to report certain information to the General Assembly; 2
requiring the Department of Public Safety and Correctional Services to report 3
certain information to certain legislative committees; requiring the Department of 4
General Services to provide an update on the progress of design and construction of 5
the prerelease facility to certain legislative committees; requiring the Office of the 6
Correctional Ombudsman to review and verify the Department of Public Safety and 7
Correctional Services’ compliance with this Act and report certain information to 8
certain legislative committees; and generally relating to comprehensive 9
rehabilitative prerelease reentry prerelease services for female incarcerated 10
individuals. 11

BY repealing and reenacting, with amendments, 12
Article – Correctional Services 13
Section 3–301 and 3–303 through 3–305 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16

BY adding to 17
Article – Correctional Services 18
Section 3–301 and 3–303 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21

BY adding to 22
Article – Correctional Services 23
Section 3–301.1 24
Annotated Code of Maryland 25
(2025 Replacement Volume) 26

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28

Article – Correctional Services 29

3–301. 30

(A) (1) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32

(2) “ELIGIBLE, “ELIGIBLE INDIVIDUAL” MEANS A AN INCARCERATED 33
WOMAN WHO: 34

(I) (1) IS WITHIN 18 36 MONTHS OF THE WOMAN ’S 35
ANTICIPATED RELEASE DATE; AND 36

SENATE BILL 187 3

(II) (2) HAS PRERELEASE OR MINIMUM SECURITY STATUS. 1

(3) “REENTRY FACILITY” MEANS A COMMUNITY–BASED FACILITY OR 2
ANY OTHER FACILITY O PERATED BY THE COMMISSIONER FOR ELIG IBLE 3
INDIVIDUALS. 4

3–301. 3–302. 5

(a) Subject to subsection (d) of this section, the Commissioner shall operate a 6
comprehensive rehabilitative prerelease prerelease unit REENTRY FACILITY for women 7
ELIGIBLE INDIVIDUALS that: 8

(1) is a separate structure in which the services specified in § 3–303(b) 9
3–304(B) 3–305 of this subtitle are provided; 10

(2) has security features for female incarcerated individuals who: 11

(i) present the least risk of violence; 12

(ii) present the least risk of escape; and 13

(iii) have a record of satisfactory institutional behavior; and 14

(3) matches security level on a validated gender –responsive risk measure 15
IS ARCHITECTURALLY D ESIGNED AND CONSTRUC TED TO FACILITATE TH E 16
PROVISION OF SERVICES SPECIFIED IN § 3–304(B) 3–305 OF THIS SUBTITLE; AND 17

(3) INCLUDES: 18

(I) FEATURES THAT: 19

1. BALANCE PHYSICAL SAF ETY AND SECURITY WIT H 20
VISUAL PRIVACY AND DIGNITY; AND 21

2. ENCOURAGE REHABILITA TION BY PROVIDING AS 22
CLOSE TO A NONCARCERAL ENVIRONMENT AS PRACTICABLE; 23

(II) HOUSING UNITS WITH DOUBLE AND SINGLE OCCUPANCY; 24

(III) HANDICAPPED ACCESSIBLE ROOMS , WHEELCHAIR RAMPS, 25
AND DESIGNATED HANDICAPPED PARKING SPACES; 26

(IV) BATHROOMS THAT MAXIM IZE PRIVACY , DIGNITY, AND 27
SECURITY OF RESIDENTS, STAFF, AND VISITORS; 28

4 SENATE BILL 187

(V) ADMINISTRATIVE OFFICES; 1

(VI) INDOOR AND OUTDOOR M EETING, LOUNGE, AND VISITING 2
SPACES, INCLUDING FAMILY VISITING SPACES; 3

(VII) A CLASSROOM CLASSROOMS; 4

(VIII) A CAREER CENTER; 5

(IX) A NONEMERGENCY MEDICAL SUITE; 6

(X) ON–SITE RECREATIONAL , CREATIVE, AND ATHLETIC 7
FACILITIES; AND 8

(XI) ACCESS TO PUBLIC TRANSPORTATION. 9

(b) [(1) In determining where to place a prerelease unit for women, the 10
Commissioner shall determine into which area, defined by zip codes, the largest percentage 11
of incarcerated individuals will likely be released. 12

(2)] A prerelease prerelease unit REENTRY FACILITY for women shall be: 13

(1) located in [or adjacent to the zip codes identified in paragraph (1) of this 14
subsection] BALTIMORE CITY THE LOCAL JURISDICTI ON WHERE THE LARGEST 15
NUMBER OF FEMALE INC ARCERATED INDIVIDUAL S WILL LIKELY BE REL EASED, 16
REASONABLY CLOSE TO THE COMMUNITIES TO W HICH THOSE INDIVIDUA LS WILL 17
RETURN; AND BALTIMORE CITY ON A SITE THAT IS: 18

(I) NOT LESS THAN 3 ACRES IN LAND AREA; AND 19

(II) NOT LOCATED WITHIN O NE–HALF MILE OF ANY EXI STING 20
CORRECTIONAL FACILITY; AND ON A SITE THAT IS: 21

(I) NOT LESS THAN 3 ACRES IN LAND AREA; AND 22

(II) NOT LOCATED WITHIN A 1–MILE RADIUS OF ANY EXISTING 23
CORRECTIONAL FACILITY; AND 24

(2) ABLE TO ACCOMMODATE THE ADMINISTRATION , HOUSING, 25
PROGRAMMING, AND SERVICES REQUIRED UNDER THIS SUBTITLE FOR NOT FEWER 26
THAN 1.25 TIMES THE MAXIMUM NUMBER OF WOMEN AT T HE MARYLAND 27
CORRECTIONAL INSTITUTION FOR WOMEN WHO WERE ELIGIBLE FOR PRERELEASE 28
STATUS IN CALENDAR YEAR 2024, 2023, AS REPORTED BY THE DEPARTMENT IN ITS 29
SENATE BILL 187 5

OCTOBER 2024 REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND 1
THE HOUSE APPROPRIATIONS COMMITTEE. 2

(c) An incarcerated individual assigned to a prerelease prerelease unit REENTRY 3
FACILITY for women may have access to the community for any purpose described in § 4
3–305(a) 3–306(A) 3–307(A) of this subtitle. 5

(d) The Department shall: 6

(1) identify a location, acquire property, and design a site plan for the 7
prerelease prerelease unit REENTRY FACILITY for women on or before June 1, 2021 8
OCTOBER 1, 2027, OR NOT LATER THAN 6 MONTHS THEREAFTER; 9

(2) begin construction or renovation of the fac ility on or before September 10
1, 2021; and JULY 1, 2028, OR NOT LATER THAN 6 MONTHS THEREAFTER; 11

(3) COMPLETE THE CONSTRUCTION OR RENOVATION ON OR BEFORE 12
MARCH 1, 2031, OR NOT LATER THAN 6 MONTHS THEREAFTER; AND 13

(4) begin operating and providing services in the facility on or before June 14
1, 2023 SEPTEMBER 1, 2031, OR NOT LATER THAN 6 MONTHS THEREAFTER. 15

3–301.1. 3–303. 16

(A) ON REQUEST OF THE DEPARTMENT, THE THE DEPARTMENT OF 17
GENERAL SERVICES SHALL: 18

(1) REVIEW AND EVALUATE ANY PROPOSA LS CURRENTLY IN 19
POSSESSION OF THE DEPARTMENT FOR COMPLI ANCE WITH THE FACILI TY 20
REQUIREMENTS IN § 3–301 OF THIS SUBTITLE BY JUNE 1, 2026; 21

(2) IF NO CURRENT PROPOSAL EVALUATED UNDER ITEM (1) OF THIS 22
SUBSECTION SATISFIES THE REQUIREMENTS UND ER § 3–301 OF THIS SUBTITLE , 23
SUBJECT TO ITEM (2) OF THIS SECTION , IN ACCORDANCE WITH T HE EXPEDITED 24
PROCUREMENT PROCESS UNDER § 13–108 OF THE STATE FINANCE AND 25
PROCUREMENT ARTICLE, ISSUE A REQUEST FOR PROPOSALS FOR THE PL ANNING, 26
DESIGN, AND CONSTRUCTION OF A PRERELEASE UNIT REENTRY FACILITY FOR 27
WOMEN, AS REQUIRED UNDER § 3–301 3–302 OF THIS SUBTITLE, BY AUGUST JUNE 28
1, 2026; AND 29

(2) PRIOR TO ISSUING THE REQUEST FOR PROPOSALS UNDER ITEM 30
(1) OF THIS SECTION, SUBMIT A TIMELINE OF DELIVERABLES FOR THE PLANNING, 31
DESIGN, AND CONSTRUCTION OF THE REENTRY PRERELEASE FACILITY FOR WOMEN 32
TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE HOUSE 33
6 SENATE BILL 187

APPROPRIATIONS COMMITTEE, AND TH E OFFICE OF THE CORRECTIONAL 1
OMBUDSMAN. 2

(3) REVIEW AND EVALUATE PROPOSALS IN CONSULTATION WITH THE 3
DEPARTMENT; AND 4

(4) AWARD A CONTRACT TO A PROVIDER AS SOON AS PRACTICABLE. 5

(B) A REQUEST FOR PROPOSAL S ISSUED UNDER SUBSE CTION (A) OF THIS 6
SECTION SHALL ACCURATELY AND COMPLETELY DESCRIBE , TO THE EXTENT 7
PRACTICABLE, THE LOCATION, USES, AND TIMELINE FOR DEL IVERABLES TOWARD 8
COMPLETION OF THE PROJECT. 9

(C) THE CONTRACT AWARDED UNDER SUBSECTION (A)(4) OF THIS SECTION 10
TO BUILD A PRERELEASE UNIT FOR FEMALE INCARCERATED INDIVIDUALS SHALL: 11

(1) COMPLY WITH THE REQUIREMENTS IN § 3–301 OF THIS SUBTITLE; 12
AND 13

(2) INCLUDE: 14

(I) HOUSING UNITS WITH DOUBLE AND SINGLE OCCUPANCY; 15

(II) HANDICAPPED ACCESSIBLE ROOMS , WHEELCHAIR RAMPS, 16
AND DESIGNATED HANDICAPPED PARKING SPACES; 17

(III) BATHROOMS THAT MAXIM IZE PRIVACY , DIGNITY, AND 18
SECURITY OF RESIDENTS, STAFF, AND VISITORS; 19

(IV) ADMINISTRATIVE OFFICES; 20

(V) INDOOR AND OUTDOOR M EETING, LOUNGE, AND VISITING 21
SPACES; 22

(VI) A CLASSROOM; 23

(VII) A CAREER CENTER; 24

(VIII) A NONEMERGENCY MEDICAL SUITE; 25

(IX) ON–SITE RECREATIONAL , CREATIVE, AND ATHLETIC 26
FACILITIES; AND 27

(X) ACCESS TO PUBLIC TRANSPORTATION. 28
SENATE BILL 187 7

[3–302.] 3–304. 1

The Commissioner has the same powers and duties relating to a prerelease 2
[prerelease unit] REENTRY FACILITY for women as the Commissioner has for any other 3
correctional facility in the Division. 4

3–303. 3–305. 5

(a) (1) In this section the following words have the meanings indicated. 6

(2) “ELIGIBLE INDIVIDUAL” MEANS AN INCARCERATE D INDIVIDUAL 7
WITH PRERELEASE STATUS AT THE MARYLAND CORRECTIONAL INSTITUTION FOR 8
WOMEN. 9

(3) (2) “Evidence–based programs and practices” has the meaning 10
stated in § 6–119 of this article. 11

(4) (3) “GENDER–RESPONSIVE SERVICES ” MEANS 12
EVIDENCE–BASED PROGRAMS AND PRACTICES THAT RECOGNIZE ADDRESS THE 13
SPECIFIC NEEDS OF INCARCERATED WOMEN IN PRERELEASE STATUS ELIGIBLE 14
INDIVIDUALS REGARDING THEIR THERAPEUTIC, EDUCATIONAL, AND VOCATIONAL 15
GOALS, LIFE SKILLS, PSYCHOLOGICAL DEVELOPMENT, SOCIALIZATION, CULTURE, 16
EXPOSURE TO TRAUMA, AND LIFE EXPERIENCES, TO REDUCE CRIMINOGENIC RISKS 17
AND SUPPORT SUCCESSFUL REENTRY, RECOVERY, AND RECIDIVISM REDUCTION. 18

[(3)] (5) (4) “Innovative programs and practices” has the meaning stated in § 19
6–119 of this article. 20

(b) (1) The Commissioner shall make evidence –based, TRAUMA–INFORMED, 21
and gender–responsive services available to female incarcerated ELIGIBLE individuals [at 22
the prerelease unit FACILITY for women required under § 3–301 3–302 of this subtitle ] 23
WITH PRERELEASE STATUS. 24

(2) THE SERVICES REQUIRED UNDER THIS SUBSECTIO N SHALL BE 25
PROVIDED TO ELIGIBLE INDIVIDUALS BEFORE T HE FINAL CONSTRUCTIO N AND 26
OCCUPATION OF THE FACILITY REQUIRED UNDER § 3–301 3–302 OF THIS SUBTITLE. 27

(c) The comprehensive rehabilitative prerelease prerelease REENTRY services 28
shall utilize evidence –based, TRAUMA–INFORMED, AND GENDER –RESPONSIVE 29
programs and practices and innovative programs and practices to: 30

(1) assist female incarcerated individuals in i mproving their education, 31
upgrading vocational skills, and obtaining suitable employment through classes to earn 32
industry certification or community college credits, workforce training, and job placement; 33
8 SENATE BILL 187

(2) provide female incarcerated individuals with the opportunity to 1
strengthen family and community relationships through extended family leave, parenting 2
workshops, and family reunification assistance; 3

(3) provide integrative and gender–responsive services, including medical 4
treatment, trauma –informed counseling, mental health treatment, and substance use 5
disorder treatment to address overall health and trauma needs and help female 6
incarcerated individuals achieve stable and productive roles in society; and 7

(4) develop individualized and comprehen sive reentry plans involving 8
community provider partnerships for female incarcerated individuals to reduce barriers to 9
obtaining housing, jobs, education, health care, childcare and child welfare, transportation, 10
legal advocacy, case management, and other needs; AND 11

(5) SCREEN FEMALE INCARC ERATED INDIVIDUALS F OR ELIGIBILITY 12
FOR PUBLIC BENEFITS AND PROVIDE RELEVANT APPLICATIONS AND ASS ISTANCE 13
COMPLETING EACH APPLICATION PRIOR TO RELEASE AS PART OF A REENTRY PLAN. 14

(D) (1) THE DEPARTMENT SHALL DEVE LOP A PLAN TO PROVID E 15
COMPREHENSIVE GENDER –RESPONSIVE SERVICES TO ELIGIBLE INDIVIDU ALS 16
ON–SITE AT THE MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN ON OR 17
BEFORE SEPTEMBER 1, 2026. 18

(2) THE DEPARTMENT MAY CONTRA CT WITH ANOTHER ENTI TY TO 19
PROVIDE COMPREHENSIVE GENDER–RESPONSIVE SERVICES. 20

(E) INCARCERATED INDIVIDUALS ASSIGNED TO THE FACILITY REQUIRED 21
UNDER § 3–302 OF THIS SUBTITLE MAY NOT BE TRANSPORTED T O ANOTHER 22
FACILITY TO RECEIVE COMPREHENSIVE REHABILITATIVE REENTRY PRERELEASE 23
SERVICES. 24

[3–304.] 3–306. 25

[(a)] By contract or purchase of service agreement, the Division may arrange for a 26
person or governmental unit to provide comprehensive rehabilitative [prerelease] 27
REENTRY services [in a prerelease unit FACILITY for women]. 28

[(b) With the Secretary’s approval, the Commissioner may contract with a person 29
or a municipal or county authority to provide food, housing, transportation, and programs 30
to incarcerated individuals in a prerelease unit FACILITY for women. 31

(c) Under a contract with the federal government, the Commissioner may house 32
federal incarcerated individuals in a prerelease unit for women.] 33

SENATE BILL 187 9

[3–305.] 3–307. 1

(a) Subject to regulations adopted by the Commissioner, the Commissioner may 2
delegate to the facility administrator of a prerelease [prerelease unit] REENTRY FACILITY 3
for women the authority to grant incarcerated individuals the privilege of leaving the 4
confines of the [unit] FACILITY for the purpose of: 5

(1) engaging in or seeking employment; 6

(2) participating in educational programs or vocational training; 7

(3) participating in community or civic activities; 8

(4) participating in volunteer work; 9

(5) participating in athletic competition; or 10

(6) making personal or family visits. 11

(b) When outside the confines of a prerelease [prerelease unit ] REENTRY 12
FACILITY for women, an incarcerated individual shall carry, at all times, a copy of the form 13
signed by the facility administrator containing the conditions governing the grant of leave. 14

(c) (1) An incarcerated individual who is on leave is deemed to be in the 15
custody of the Commissioner to the same extent and subject to the same supervision and 16
control as an incarcerated individual who is actually in confinement. 17

(2) An incarcerated individual who escapes while on leave under this 18
section is subject to the penalties in § 9–404 of the Criminal Law Article. 19

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before May 1, 2026, the 20
Maryland Department of Labor and the Department of Public Safety and Correctional 21
Services shall jointly submit a report to the Senate Judicial Proceedings Committee, the 22
Senate Budget and Taxation Committee, the House Judiciary Committee, and the House 23
Appropriations Committee, in accordance with § 2 –1257 of the State Government Article, 24
on the status of reentry services in the State, including: 25

(1) the Maryland Reentry Initiative; 26

(2) workforce development programs and adult learning programs; 27

(3) reentry navigators; 28

(4) American Job Center services and programs; 29

(5) reentry and social work services; and 30
10 SENATE BILL 187

(6) reentry staffing and data collection for: 1

(i) case management and social work; 2

(ii) substance use peer recovery; 3

(iii) education; and 4

(iv) medical and mental health contractors. 5

SECTION 2. 3. 2. AND BE IT FURTHER ENACTED, That, on or befo re July June 6
1, 2026, December 15, 2026, the Department of Public Safety and Correctional Services 7
shall provide a preliminary report on the progress the Department has made to comply 8
with Section 1 of this Act, including any specific steps taken and dates on which specific 9
steps were taken to the Senate Judicial Proceedings Committee, the Senate Budget and 10
Taxation Committee, the House Judiciary Committee, and the House Appropriations 11
Committee, in accordance with § 2–1257 of the State Government Article. 12

SECTION 3. 4. 3. AND BE IT FURTHER ENACTED, That, on or before September 13
July 1, 2026, May 1, 2027, the Department of Public Safety and Correctional Services and 14
the Department of General Services shall provide an update on the progress of design and 15
construction of the prerelease unit reentry prerelease facility for women to the Senate 16
Judicial Proceedings Committee, the Senate Budget and Taxation Committee, the House 17
Judiciary Committee, and the House Appropriations Committee, in accordance with § 18
2–1257 of the State Government Article. 19

SECTION 4. 5. 4. AND BE IT FURTHER ENACTED, That: 20

(a) On or before December Beginning June 1, 2026 On or before June 1 each year 21
beginning June 1, 2027, the Office of the Correctional Ombudsman established under Title 22
9, Subtitle 40 of the State Government Article shall review and verify the Department of 23
Public Safety and Correctional Services’ progress and submit a report, i ncluding findings 24
and recommendations, to the Senate Judicial Proceedings Committee and the House 25
Judiciary Committee, in accordance with § 2–1257 of the State Government Article. 26

(b) The Department of Public Safety and Correctional Services shall fully 27
cooperate with the Office of the Correctional Ombudsman and provide all information, data, 28
and facility access requested to complete the review required under this section. 29

SECTION 5. 6. 5. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
measure, is necessary for the immediate preservation of the public health or safety, has 31
been passed by a yea and nay vote supported by three –fifths of all the members elected to 32
each of the two Hou ses of the General Assembly, and shall take effect from the date it is 33
enacted. 34