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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0268*
SENATE BILL 268
E5 6lr2009
CF HB 310
By: Senator Henson
Introduced and read first time: January 19, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Restrictive Housing – Individuals With Developmental 2
or Intellectual Disabilities 3
FOR the purpose of authorizing a certain clinical professional to conduct a certain 4
assessment for an incarcerated ind ividual at intake at a State correctional facility; 5
authorizing a certain clinical professional to make a certain recommendation about 6
a certain incarcerated individual; prohibiting a State correctional facility from 7
putting a certain incarcerated individu al in restrictive housing for more than a 8
certain number of days unless the individual commits a certain prohibited act; and 9
generally relating to restrictive housing. 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, without amendments, 16
Article – Health – General 17
Section 7–101(a), (g), and (n) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Correctional Services 23
9–614.3. 24
2 SENATE BILL 268
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CLINICAL PROFESSIONAL ” MEANS AN INDIVIDUAL WHO IS 3
TRAINED AND LICENSED IN MENTAL HEALTH. 4
(3) “DEVELOPMENTAL DISABILITY” HAS THE MEANING STAT ED IN § 5
7–101 OF THE HEALTH – GENERAL ARTICLE. 6
(4) “INTELLECTUAL DISABILI TY” HAS THE MEANING STAT ED IN § 7
7–101 OF THE HEALTH – GENERAL ARTICLE. 8
(5) “PROHIBITED ACT” INCLUDES: 9
(I) CAUSING OR ATTEMPTIN G TO CAUSE SERIOUS P HYSICAL 10
INJURY TO OR DEATH OF ANOTHER PERSON; 11
(II) MAKING AN IMMINENT T HREAT OF SERIOUS PHY SICAL 12
INJURY OR DEATH TO ANOTHER PERSON WHEN: 13
1. THE INDIVIDUAL MAKIN G THE THREAT HAS A 14
HISTORY OF CAUSING PHYSICAL INJURY OR DEATH; AND 15
2. THE COMMISSIONER OF CORRECTION REASONABLY 16
DETERMINES THAT THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY 17
OUT A THREAT OF SERIOUS PHYSICAL INJURY OR DEATH; 18
(III) COMPELLING OR ATTEMP TING TO COMPEL ANOTHER 19
PERSON, BY FORCE OR THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; 20
(IV) EXTORTING ANOTHER , BY FORCE OR THREAT O F FORCE , 21
FOR PROPERTY OR MONEY; 22
(V) COERCING ANOTHER, BY FORCE OR THREAT O F FORCE, TO 23
VIOLATE A RULE; 24
(VI) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO 25
CAUSE A RIOT , AN INSURRECTION , OR ANY OTHER SIMILAR LY SERIOUS 26
DISTURBANCE THAT RES ULTS IN THE TAKING O F A HOSTAGE , MAJOR PROPERTY 27
DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; 28
SENATE BILL 268 3
(VII) PROCURING DEADLY WEA PONS OR OTHER DANGER OUS 1
CONTRABAND THAT POSE A SERIOUS THREAT TO THE SECURITY OF THE 2
INSTITUTION; AND 3
(VIII) ESCAPING, ATTEMPTING TO ESCAPE , OR FACILITATING AN 4
ESCAPE FROM A CORREC TIONAL FACILITY OR E SCAPING OR ATTEMPTIN G TO 5
ESCAPE WHILE UNDER SUPERVISION OUTSIDE A CORRECTIONAL FACILITY. 6
(6) (I) “RESTRICTIVE HOUSING ” MEANS A FORM OF PHYS ICAL 7
SEPARATION THAT HAS NOT BEEN REQUESTED BY THE INCARCERATED INDIVIDUAL 8
IN WHICH THE INCARCERATED INDIVIDUAL IS PLACED IN A LOCKED ROOM OR CELL 9
FOR APPROXIMATELY 22 HOURS OR MORE OUT OF A 24–HOUR PERIOD. 10
(II) “RESTRICTIVE HOUSING ” INCLUDES ADMINISTRAT IVE 11
SEGREGATION AND DISCIPLINARY SEGREGATION. 12
(III) “RESTRICTIVE HOUSING” DOES NOT INCLUDE: 13
1. MEDICAL ISOLATION; 14
2. MENTAL–HEALTH OBSERVATION O R CRISIS 15
STABILIZATION; 16
3. SUICIDE WATCH; 17
4. PROTECTIVE CUSTODY R EQUESTED BY THE 18
INCARCERATED INDIVIDUAL; OR 19
5. QUARANTINE OR PUBLIC–HEALTH ISOLATION. 20
(B) THIS SECTION APPLIES TO A STATE CORRECTIONAL FACILITY. 21
(C) (1) DURING THE INTAKE ASS ESSMENT FOR A NEW IN CARCERATED 22
INDIVIDUAL, AN APPLICABLE CLINIC AL PROFESSIONAL MAY ASSESS THE 23
INCARCERATED INDIVID UAL FOR A DEVELOPMEN TAL DISABILITY OR AN 24
INTELLECTUAL DISABILITY. 25
(2) (I) BASED ON THE ASSESSME NT UNDER PARAGRAPH (1) OF 26
THIS SUBSECTION , THE CLINICAL PROFESS IONAL MAY RECOMMEND TO THE 27
CORRECTIONAL FACILITY THAT THE INCARCERA TED INDIVIDUAL SHOUL D NOT BE 28
PLACED IN RESTRICTIV E HOUSING FOR MORE T HAN 15 CONSECUTIVE DAYS IN A 29
30–DAY PERIOD. 30
4 SENATE BILL 268
(II) IF A CLINICAL PROFESSIONAL MAKES A RECOMMENDATION 1
DESCRIBED IN SUBPARA GRAPH (I) OF THIS PARAGRAPH , THE CORRECTIONAL 2
FACILITY MAY NOT PLA CE AN INCARCERATED I NDIVIDUAL IN RESTRIC TIVE 3
HOUSING FOR MORE THAN 15 CONSECUTIVE DAYS IN A 30–DAY PERIOD. 4
(D) THE 15 CONSECUTIVE DAY LIMI T ON RESTRICTIVE HOU SING UNDER 5
THIS SECTION DOES NOT APPLY TO AN INCARCERATED INDIVIDUAL WHO COMMITS 6
A PROHIBITED ACT. 7
Article – Health – General 8
7–101. 9
(a) In this title the following words have the meanings indicated. 10
(g) “Developmental disability” means a severe chronic disability of an individual 11
that: 12
(1) Is attributable to a physical or mental impairment, other than the sole 13
diagnosis of mental illness, or to a combination of mental and physical impairments; 14
(2) Is manifested before the individual attains the age of 22; 15
(3) Is likely to continue indefinitely; 16
(4) Results in an inability to live independently without external support 17
or continuing and regular assistance; and 18
(5) Reflects the need for a combination and sequence of special, 19
interdisciplinary, or generic care, treatment, or other services that are individually planned 20
and coordinated for the individual. 21
(n) “Intellectual disability” means a developmental disability that is evidenced by 22
significantly subaverage intellectual functioning and impairment in the adaptive behavior 23
of an individual. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26