Commission on the House of Reformation and Instruction for Colored Children - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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Underlining indicates amendments to bill.
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*sb0776*

SENATE BILL 776
E3 6lr1133

By: Senator Smith Senators Smith, Charles, Ferguson, Folden, Harris, Henson,
James, Love, McKay, Muse, Sydnor, Waldstreicher, and West
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 21, 2026

CHAPTER ______

AN ACT concerning 1

Commission on the House of Reformation and Instruction for Colored 2
Children – Establishment 3

FOR the purpose of establishing the Commission on the House of Reformation and 4
Instruction for Colored Children; and generally relating to the Commi ssion on the 5
House of Reformation and Instruction for Colored Children. 6

BY adding to 7
Article – State Government 8
Section 6–1001 to be under the new subtitle “Subtitle 10. The Commission on the 9
House of Reformation and Instruction for Colored Children” 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

Preamble 13

WHEREAS, The State of Maryland established the House of Reformation and 14
Instruction for Colored Children (also known under various historical names) in Prince 15
George’s County for over a century as a detention and reformatory institution for youth; 16
and 17

WHEREAS, Recent reports and historical records have brought to light the existence 18
of a neglected cemetery on the grounds of the former institution containing the unmarked 19
2 SENATE BILL 776

graves of hundreds of deceased children, primarily African American boys, who died while 1
in the care and custody of the State; and 2

WHEREAS, The condition of this burial ground represents a profound and 3
long–standing failure of the State to provide digni ty in death to children for whom it had 4
assumed responsibility in life, and this neglect has hidden a painful chapter of Maryland’s 5
history from public view and accountability; and 6

WHEREAS, The State of Maryland has a solemn moral and civic duty to the 7
deceased, their families, and all its citizens to uncover the full truth of what occurred at the 8
House of Reformation and Instruction for Colored Children, to account for every child 9
buried in unmarked graves, and to understand the system that allowed such a tragedy to 10
occur; now, therefore, 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – State Government 14

SUBTITLE 10. THE COMMISSION ON THE HOUSE OF REFORMATION AND 15
INSTRUCTION FOR COLORED CHILDREN. 16

6–1001. 17

(A) THERE IS A COMMISSION ON THE HOUSE OF REFORMATION AND 18
INSTRUCTION FOR COLORED CHILDREN. 19

(B) THE PURPOSE OF THE COMMISSION IS TO: 20

(1) RESEARCH THE HISTORY , OPERATIONS, AND RESIDENT DEATHS 21
AT THE HOUSE OF REFORMATION AND INSTRUCTION FOR COLORED CHILDREN; 22

(2) PROVIDE A COMPLETE A ND PUBLIC ACCOUNTING OF THE 23
CHILDREN WHO DIED AN D WERE BURIED ON THE GROUNDS OF THE HOUSE OF 24
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN; 25

(3) PROMOTE HEALING AND RECONCILIATION THROU GH 26
TRUTH–TELLING, ACKNOWLEDGMENT, AND RECOMMENDATIONS FOR SYSTEMIC 27
REFORM; AND 28

(4) ENSURE DESCENDANT AN D COMMUNITY VOICE TH ROUGHOUT 29
THE INVESTIGATION AND RECONCILIATION PROCESS. 30

(C) THE COMMISSION CONSISTS OF: 31

SENATE BILL 776 3

(1) ONE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE OF 1
MARYLAND; 2

(2) ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF 3
DELEGATES; 4

(3) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S 5
DESIGNEE; 6

(4) THE DIRECTOR OF THE MARYLAND HISTORICAL TRUST, OR THE 7
DIRECTOR’S DESIGNEE; 8

(5) THE SECRETARY OF VETERANS AND MILITARY FAMILIES, OR THE 9
SECRETARY’S DESIGNEE; 10

(6) THE CHAIR OF THE PRINCE GEORGE’S COUNTY PLANNING 11
BOARD OF THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING 12
COMMISSION, OR THE CHAIR’S DESIGNEE; 13

(7) THE SECRETARY OF JUVENILE SERVICES, OR THE SECRETARY’S 14
DESIGNEE; 15

(8) THE CHIEF ARCHAEOLOGIST OF THE MARYLAND DEPARTMENT 16
OF TRANSPORTATION’S STATE HIGHWAY ADMINISTRATION, OR THE CHIEF 17
ARCHAEOLOGIST’S DESIGNEE; 18

(9) THE STATE ARCHIVIST, OR THE STATE ARCHIVIST’S DESIGNEE; 19

(10) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S 20
DESIGNEE; 21

(11) THE CHAIR OF THE MARYLAND COMMISSION ON AFRICAN 22
AMERICAN HISTORY AND CULTURE, OR THE CHAIR’S DESIGNEE; 23

(12) THE EXECUTIVE DIRECTOR OF THE GIBSON–BANKS CENTER FOR 24
RACE AND LAW AT THE UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL 25
OF LAW, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 26

(13) THE PRINCE GEORGE’S COUNTY EXECUTIVE, OR THE COUNTY 27
EXECUTIVE’S DESIGNEE; AND 28

(14) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S 29
DESIGNEE; 30
4 SENATE BILL 776

(15) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE 1
SUPERINTENDENT’S DESIGNEE; AND 2

(14) (16) UP TO SIX MEMBERS OF THE G ENERAL PUBLIC APPOINTED 3
BY THE ATTORNEY GENERAL THAT SHALL INCLUDE: 4

(I) AT LEAST ONE DESCENDANT OF A CHILD BURIED AT THE 5
SITE, A FORMER RESIDENT OF THE HOUSE OF REFORMATION, OR A FORMER 6
JUSTICE–INVOLVED YOUTH; 7

(II) AT LEAST ONE ACADEMIC EXPERT IN FORENSIC 8
ANTHROPOLOGY, ARCHAEOLOGY, AFRICAN AMERICAN HISTORY , OR OTHER 9
RELATED DISCIPLINES; 10

(III) AT LEAST ONE REPRESENTATIVE F ROM A HISTORICALLY 11
BLACK COLLEGE OR UNIVERSITY IN THE STATE; 12

(IV) AT LEAST ONE REPRESENTATIVE F ROM A CIVIL RIGHTS 13
ORGANIZATION; AND 14

(V) ANY OTHER COMMUNITY LEADER, ADVOCATE, OR EXPERT 15
THE ATTORNEY GENERAL DETERMINES APPROP RIATE TWO INDIVIDUALS WITH 16
EXPERIENCE IN CIVIL RIGHTS ADVOCACY AND LITIGATION. 17

(D) (1) THE ATTORNEY GENERAL SHALL SERVE A S CHAIR OF THE 18
COMMISSION. 19

(2) THE COMMISSION SHALL ELECT A VICE CHAIR FROM AMONG ITS 20
MEMBERS. 21

(E) MEMBERS APPOINTED BY THE ATTORNEY GENERAL SHALL SERVE A T 22
THE PLEASURE OF THE ATTORNEY GENERAL. 23

(F) (1) A MEMBER OF THE COMMISSION: 24

(I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 25
COMMISSION; BUT 26

(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 27
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 28
BUDGET. 29

SENATE BILL 776 5

(2) THE OFFICE OF THE ATTORNEY GENERAL MAY PROVIDE 1
STIPENDS TO DESCENDA NT, FORMER RESIDENT , AND COMMUNITY MEMBER S TO 2
SUPPORT THE PARTICIP ATION IN THE COMMISSION, SUBJECT TO AVAILABLE 3
FUNDS. 4

(G) THE OFFICE OF THE ATTORNEY GENERAL SHALL PROVIDE STAFF FOR 5
THE COMMISSION. 6

(H) THE COMMISSION SHALL: 7

(1) DIRECT AND OVERSEE T HE INVESTIGATION OF THE HOUSE OF 8
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN BY CONTRACTI NG 9
WITH QUALIFIED PROFESSIONAL EXPERTS, INCLUDING UNIVERSITIES, RESEARCH 10
INSTITUTIONS, AND INDEPENDENT PRACTITIONERS, TO CONDUCT: 11

(I) FORENSIC ANTHROPOLOG Y, ARCHAEOLOGICAL SURVE YS, 12
AND HISTORICAL RESEA RCH TO THE HIGHEST E THICAL AND PROFESSIO NAL 13
STANDARDS; 14

(II) LOCATION AND DOCUMENTATIO N OF ALL GRAVES USIN G 15
MODERN ARCHAEOLOGICAL AND FORENSIC METHODS; 16

(III) IDENTIFICATION OF IN DIVIDUALS BURIED AT THE SITE 17
THROUGH HISTORICAL R ECORDS, FORENSIC ANALYSIS , DNA TESTING, AND 18
GENEALOGICAL RESEARCH; 19

(IV) RECONSTRUCTION OF INSTITUTIONAL CON DITIONS, 20
POLICIES, AND PRACTICES THROUGHOUT THE FACILITY’S HISTORY; 21

(V) DOCUMENTATION OF DEA THS, INCLUDING 22
CIRCUMSTANCES, CAUSES, AND STATE RESPONSES; AND 23

(VI) ANALYSIS OF SYSTEMIC FAILURES THAT ALLOWE D HARMS 24
TO OCCUR; 25

(2) REVIEW AND APPROVE RES EARCH METHODOLOGIES , WORK 26
PLANS, AND FINDINGS PRODUCED BY CONTRACTED EXPERTS; 27

(3) WHEN APPROPRIATE AND APPROVED BY THE COMMISSION, 28
AUTHORIZE CONTRACTED EXPERTS TO CONDUCT E XHUMATION AND FORENS IC 29
ANALYSIS OF REMAINS IN ACCORDANCE WITH BEST PRACTICES IN FO RENSIC 30
ANTHROPOLOGY AND BIOETHICS; 31

6 SENATE BILL 776

(4) DIRECT CONTRACTED EXPERTS TO ESTABLISH A DNA DATABASE 1
FOR DESCENDANT MATCHING AND PURSUE GENEALOGICAL RESEARCH TO LOCATE 2
AND NOTIFY DESCENDANTS; 3

(5) FACILITATE MEANINGFU L ENGAGEMENT WITH DESCENDANTS, 4
AFRICAN AMERICAN COMMUNITIES, AND OTHERS WITH HISTORICAL, FAMILIAL, OR 5
CULTURAL CONNECTIONS TO THOSE INTERRED AT THE SITE; 6

(6) PROVIDE OPPORTUNITIE S FOR DESCENDANTS , SURVIVORS, 7
FORMER RESIDENTS , AND COMMUNITY MEMBER S TO SHARE TESTIMONY AND 8
PARTICIPATE IN PUBLIC ACKNOWLEDGMENT; 9

(7) ESTABLISH PROTOCOLS FOR DESCENDANT NOTIF ICATION, 10
REBURIAL, AND CULTURALLY APPRO PRIATE TREATMENT OF HUMAN REMAINS IN 11
CONSULTATION WITH CONTRACTED EXPERTS AND COMMUNITY STAKEHOLDERS; 12

(8) OVERSEE CONTRACTED W ORK FOR RESTORATION AND 13
PRESERVATION OF THE CEMETERY GROUNDS; 14

(9) RECOMMEND THE DESIGN AND THE IMPLEMENTATI ON OF A 15
PERMANENT MEMORIAL AT THE SITE; 16

(10) ENSURE LONG–TERM MAINTENANCE AND ACCESSIBILITY OF THE 17
PERMANENT MEMORIAL DESCRIBED UNDER ITEM (9) OF THIS SUBSECTION; 18

(11) RECOMMEND EDUCATIONAL INITIATIVES TO INC ORPORATE THE 19
HISTORY OF THE HOUSE OF REFORMATION AND INSTRUCTION FOR COLORED 20
CHILDREN INTO THE STATE’S CURRICULUM; 21

(12) DOCUMENT AND DISSEMI NATE LESSONS LEARNED FOR 22
EDUCATIONAL PURPOSES AND TO INFORM FUTURE STATE–LED RESTORATIVE 23
HISTORY INITIATIVES; 24

(13) MAKE FINDINGS REGARD ING INSTITUTIONAL FA ILURES AND 25
STATE ACCOUNTABILITY BASED ON RESEARCH CO NDUCTED BY CONTRACTE D 26
EXPERTS UNDER THIS SECTION; 27

(14) DEVELOP RECOMMENDATI ONS FOR SYSTEMIC REFORM, WHICH 28
MAY INCLUDE: 29

(I) OFFICIAL STATE ACKNOWLEDGMENT AND FORMAL 30
APOLOGY; 31

SENATE BILL 776 7

(II) REPARATIVE MEASURES FOR DESCENDANTS AND 1
SURVIVORS; 2

(III) REFORMS TO PREVENT F UTURE DEATHS IN CUST ODY AND 3
IMPROVE CURRENT JUVENILE JUSTICE POLICIES; 4

(IV) ONGOING COMMEMORATION AND EDUCATION INITIATIVES; 5
AND 6

(V) ANY OTHER MEASURE TH E COMMISSION DEEMS 7
APPROPRIATE TO PROMOTE HEALING AND RECONCILIATION; AND 8

(15) PERFORM OTHER DUTIES AND RESPONSIBILITIES NECESSARY TO 9
ACCOMPLISH THE COMMISSION’S PURPOSES. 10

(I) (1) THE SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, 11
THE OFFICE OF THE ATTORNEY GENERAL MAY PROCURE GOODS AND SERVICES ON 12
BEHALF OF THE COMMISSION. 13

(2) THE EXECUTION OF A MAJOR CONTRACT REQUIRES APPROVAL BY 14
VOTE OF THE COMMISSION. 15

(3) TO THE EXTENT PRACTICABLE AND CONSISTENT WITH STATE AND 16
FEDERAL LAW, THE OFFICE OF THE ATTORNEY GENERAL SHALL PROCURE GOODS 17
AND SERVICES FROM MARYLAND INSTITUTIONS AND HISTORICALLY BLACK 18
COLLEGES AND UNIVERSITIES IN THE STATE. 19

(J) (1) ALL STATE AGENCIES , UNITS OF STATE GOVERNMENT , AND 20
POLITICAL SUBDIVISIO NS OF THE STATE SHALL COOPERATE AND COMPLY WITH 21
INFORMATION REQUESTS FROM THE COMMISSION AND ITS CO NTRACTED 22
RESEARCHERS AND SHAL L PROVIDE ACCESS TO FACILITIES, RECORDS, AND 23
LOGISTICAL SUPPORT NECESSARY TO CONDUCT THE INVESTIGATION. 24

(2) THE COMMISSION, THROUGH THE ATTORNEY GENERAL, MAY 25
ISSUE SUBPOENAS FOR DOCUMENTS AND TESTIM ONY RELEVANT TO THE 26
INVESTIGATION. 27

(K) (1) (I) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 28
COMMISSION AND ITS CO NTRACTORS ARE AUTHORIZED TO CONDUC T 29
ARCHAEOLOGICAL SURVE YS AND TEST EXCAVATI ONS AND CARRY OUT TH E 30
DISINTERMENT OF HUMA N REMAINS ON THE GRO UNDS OF THE HOUSE OF 31
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN WITHOUT SEPARATE 32
AGENCY PERMITS. 33
8 SENATE BILL 776

(II) THE COMMISSION SHALL CONSULT WITH THE MARYLAND 1
HISTORICAL TRUST AND THE MARYLAND DEPARTMENT OF HEALTH REGARDING 2
METHODS AND SAFETY F OR ACTIONS AUTHORIZE D UNDER SUBPARAGRAPH (I) OF 3
THIS PARAGRAPH. 4

(2) TITLE 17 OF THE CRIMINAL PROCEDURE ARTICLE REQUIRING 5
JUDICIAL AUTHORIZAT ION AND A SWORN AFFI DAVIT REGARDING A SU SPECTED 6
HOMICIDE DOES NOT AP PLY TO A FORENSIC GE NETIC GENEALOGICAL DNA 7
ANALYSIS AND A SEARC H CONDUCTED BY THE PRINCIPAL INDEPENDENT 8
INVESTIGATOR COMMISSION, IF: 9

(I) THE SEARCH IS CONDUC TED EXCLUSIVELY FOR THE 10
HUMANITARIAN PURPOSE OF IDENTIFYING THE D ECEASED AND NOTIFYIN G 11
DESCENDANTS; 12

(II) BIOLOGICAL SAMPLES A RE NOT USED TO SCREE N FOR 13
MEDICAL CONDITIONS OR TRAITS; AND 14

(III) ALL DNA DATA IS DESTROYED ON THE CONCLUSION OF THE 15
INVESTIGATION. 16

(3) (I) NOTWITHSTANDING § 3–8A–27 OF THE COURTS ARTICLE 17
OR THE MARYLAND PUBLIC INFORMATION ACT, THE COMMISSION AND THE 18
COMMISSION’S CONTRACTORS ACTING IN FURTHERANCE OF THE DUTIES SPECIFIED 19
UNDER THIS SECTION S HALL HAVE FULL , UNRESTRICTED ACCESS TO ALL SEALED 20
OR O THERWISE CONFIDENTIA L JUVENILE RECORDS , MEDICAL RECORDS , AND 21
ADMINISTRATIVE FILES RELATED TO THE HOUSE OF REFORMATION AND 22
INSTRUCTION FOR COLORED CHILDREN. 23

(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 24
SUBPARAGRAPH, THE COMMISSION SHALL MAIN TAIN THE CON FIDENTIALITY OF 25
ANY LIVING INDIVIDUAL MENTIONED IN THE R ECORDS UNDER SUBPARAGRAPH (I) 26
OF THIS PARAGRAPH. 27

2. THE COMMISSION MAY DISCLO SE THE NAMES AND 28
CIRCUMSTANCES OF DECEASED INDIVIDUALS FOR THE PURPOSES OF REPORTS AND 29
MEMORIALIZATION. 30

(4) THE EXEMPTIONS TO GENERAL LAWS GRANTED IN THIS SECTION 31
ARE DETERMINED BY TH E GENERAL ASSEMBLY TO BE NECESS ARY DUE TO THE 32
UNIQUE HISTORICAL NA TURE OF THE SITE FOR WHICH GENERAL LAWS A RE 33
INAPPLICABLE. 34
SENATE BILL 776 9

(L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, FUNDING FOR 1
THE COMMISSION SHALL BE AS PROVIDED IN THE STATE BUDGET. 2

(2) THE ATTORNEY GENERAL MAY PURSUE FE DERAL GRANTS AND 3
OTHER FUNDING SOURCES TO SUPPLEMENT STATE APPROPRIATIONS, SUBJECT TO 4
COMMISSION APPROVAL OF GRANT APPLICATIONS. 5

(3) THE ATTORNEY GENERAL SHALL ADMINISTER FUNDING FOR THE 6
COMMISSION, INCLUDING STATE APPROPRIATIONS , FEDERAL GRANTS , AND 7
PRIVATE DONATIONS DESIGNATED FOR THIS PURPOSE. 8

(M) (1) ON OR BEFORE DECEMBER 31, 2027, THE COMMISSION SHALL 9
SUBMIT AN INITIAL REPORT DOCUMENTING THE PROGRESS OF THE INVESTIGATION 10
AND INCLUDING ANY PR ELIMINARY RECOMMENDATIONS TO THE GOVERNOR AND, 11
IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY. 12

(2) ON OR BEFORE DECEMBER 31, 2029, THE COMMISSION SHALL 13
SUBMIT A FINAL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 14
OF THIS ARTICLE, THE GENERAL ASSEMBLY ON: 15

(I) THE COMPLETE FINDING S OF THE COMMISSION’S 16
RESEARCH; 17

(II) ALL IDENTIFIED INDIV IDUALS AND THE CIRCU MSTANCES 18
OF THEIR DEATHS; 19

(III) HISTORICAL ANALYSIS OF INSTITUTIONAL POLICIES AND 20
PRACTICES; 21

(IV) RECOMMENDATIONS FOR ACKNOWLEDGMENT, MEMORIAL, 22
REBURIAL, REPARATIVE MEASURES, AND POLICY REFORMS; AND 23

(V) AN ACCOUNTING OF THE COMMISSION’S EXPENDITURES. 24

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2026. It shall remain effective for a period of 4 years and, at the end of June 30, 2030, 26
this Act, with no further action required by the General Assembly, shall be abrogated and 27
of no further force and effect. 28