Maryland 2026 Regular Session

Maryland Senate Bill SB268

Introduced
1/19/26  

Caption

Correctional Services – Restrictive Housing – Individuals With Developmental or Intellectual Disabilities

Impact

If enacted, SB268 will significantly alter the protocols related to restrictive housing in Maryland's correctional facilities. By mandating clinical assessments for individuals during intake, the bill seeks to create a more humane approach to handling inmates with disabilities. This change is anticipated to foster a safer environment within correctional facilities, reduce psychological harm, and promote the development of support systems tailored to the needs of individuals with developmental and intellectual disabilities. Additionally, it may lead to a reevaluation of training and resources available to correctional staff to assist with these assessments effectively.

Summary

Senate Bill 268 aims to reform the treatment of individuals with developmental or intellectual disabilities within state correctional facilities. This legislation proposes that clinical professionals be authorized to conduct assessments during intake for incarcerated individuals, with the goal of identifying those who may not be suited for restrictive housing. The bill establishes that these individuals should not be placed in restrictive housing for more than 15 consecutive days within a 30-day period unless they have committed a specific prohibited act that justifies such placement. The intent is to ensure that individuals with disabilities receive appropriate care and avoid extended isolation, which can have detrimental effects on their mental health.

Contention

There are potential areas of contention surrounding SB268. Supporters argue that the bill's provisions will protect vulnerable populations from the adverse effects of prolonged isolation, advocating for a more compassionate approach to correctional practices. However, opponents may express concerns about the practicality of implementing such assessments and the implications of limiting the use of restrictive housing. There is also the question of how this bill will affect correctional facility operations and staffing, particularly in managing incidents involving individuals who may pose a risk to themselves or others. Balancing safety and the humane treatment of inmates will be a critical issue as discussions around this bill continue.

Companion Bills

MD HB310

Crossfiled Correctional Services - Restrictive Housing - Individuals With Developmental or Intellectual Disabilities

Previously Filed As

MD SB702

Correctional Services - Restrictive Housing

MD HB647

Correctional Services - Restrictive Housing

MD HB1154

Correctional Services - Restrictive Housing

MD HB940

Criminal Procedure - Probation Before Judgment - Defendants Diagnosed With Autism or Intellectual Disabilities

MD SB181

Correctional Services - Geriatric and Medical Parole

MD SB694

Correctional Services - Assessment of State Correctional System

MD SB632

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

MD HB775

Correctional Services - Death of Incarcerated Individual - Notification

MD SB827

Juvenile Law - Confinement and Restrictive Housing - Limitations

MD HB1015

Developmental Disabilities Services - Expedited Eligibility Determinations for Recently Relocated Individuals (Ralph's Act)

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