In this section the following words have the meanings indicated. “Labor” means, as determined by the medical professional responsible for the care of the incarcerated individual or detainee, the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix. “Physical restraint” means a restraint or device used to control or bind the movement of any part of an individual’s body or limbs. “Postpartum recovery” means the period immediately following delivery as determined by the medical professional responsible for the care of the incarcerated individual, including the entire period during which the incarcerated individual is in the hospital or infirmary after a birth. If a representation is made to the managing official of a correctional facility in the Department that an incarcerated individual in the correctional facility is pregnant and about to give birth, the managing official: a reasonable time before the anticipated birth, shall make an investigation; and if the facts require, shall recommend through the Maryland Parole Commission that the Governor exercise executive clemency. Without notice, the Governor may: parole the incarcerated individual; commute the incarcerated individual’s sentence; or suspend the execution of the incarcerated individual’s sentence for a definite period or from time to time. If the Governor suspends the execution of an incarcerated individual’s sentence, the managing official of the correctional facility: a reasonable time before the anticipated birth, shall have the incarcerated individual transferred from the correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and shall require the incarcerated individual to be returned to the correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual. A physical restraint may not be used on an incarcerated individual while the incarcerated individual is in labor or during delivery, except as determined by the medical professional responsible for the care of the incarcerated individual. Subject to paragraph (2) of this subsection, a physical restraint may not be used on an incarcerated individual known to be pregnant or in postpartum recovery. A physical restraint may be used on an incarcerated individual known to be pregnant or in postpartum recovery if: the managing official of a correctional facility, the managing official’s designee, or a local sheriff makes an individualized determination, which shall be recorded on the transport or medical record of the incarcerated individual, that a physical restraint is required to ensure the safety and security of the incarcerated individual, the staff of the correctional facility or medical facility, other incarcerated individuals, or the public according to policies and procedures adopted by the Department and the managing official of a local correctional facility or the managing official of the agency designated to transport incarcerated individuals; and the physical restraint is the least restrictive necessary and does not include waist or leg restraints. Notwithstanding paragraph (2) of this subsection, if a doctor, nurse, or other health professional treating an incarcerated individual known to be pregnant or in postpartum recovery requests that physical restraints not be used, the correctional officer or other law enforcement officer accompanying the incarcerated individual shall immediately remove all physical restraints. The Department and the managing official of each local correctional facility or the managing official of the agency designated to transport incarcerated individuals shall develop a policy for use at each correctional facility that: requires a physical restraint used on a pregnant incarcerated individual during transport to be the least restrictive necessary; and establishes a method for reporting the use of physical restraints on pregnant incarcerated individuals. The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s transfer under subsection (d)(1) of this section shall be paid: by the incarcerated individual; by relatives or friends of the incarcerated individual; or from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility. If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses: the county from which the incarcerated individual was committed is responsible for payment of the expenses; and the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article. After receiving proof from the father or other relative of the child of the ability to properly care for the child, the Department may order that the father or other relative take custody of the child. The father or other relative of the child that receives custody under paragraph (1) of this subsection shall maintain and care for the child at the father’s or other relative’s expense until the incarcerated individual is released from the correctional facility or the child, as provided by law, is adopted. If the father or other relative of the child is unable to properly maintain and care for the child, the Department shall place the child in the care of the Department of Human Services. Notwithstanding any other provision of this section, the Department may allow an incarcerated individual to participate in programming and to retain custody of the newborn child in or out of custody if: the environment and program is consistent with the best interests of the child and consistent with public safety; and the custody is not inconsistent with the parental rights of any individual who is not detained or confined in a correctional facility. This subsection applies to local correctional facilities and correctional facilities in the Department. Each correctional facility shall have a written policy in place regarding the medical care of pregnant incarcerated individuals that addresses: procedures for providing pregnancy testing to all female incarcerated individuals, including on intake; access to prenatal care, including: routine appointments, laboratory work, and ultrasounds; procedures and schedules for providing pregnant incarcerated individuals with laboratory and testing results; and nutritional needs and counseling; high–risk pregnancies, including maternal substance abuse disorder; miscarriage management, including: procedures for evaluating the appropriate level of care; protocol for on–site and off–site miscarriage management; emergency miscarriage management; and follow–up care; access to abortion care, including: information about abortion providers; and transportation; access to child placement resources, including: information about adoption or referral to adoption resources, including kinship adoption, open and closed adoption, and agency and private adoption; foster care; and kinship care; labor and delivery, including: the facility where labor and delivery shall occur; transportation; and transmittal of medical records to the facility for labor and delivery; postpartum recovery care, including: transportation to the correctional facility from the labor and delivery facility; access to hygiene products; a schedule for postpartum recovery care; and accommodations for pumping and storage of breast milk; eligibility and access to behavioral health counseling and social services during the prenatal and postpartum recovery periods; use of restraints during pregnancy, transportation, labor and delivery, and postpartum recovery; and use of involuntary medical isolation or restrictive housing for administrative, protective, or disciplinary purposes during pregnancy and 8 weeks during the postpartum or post–pregnancy recovery period. The managing official of a correctional facility shall provide the written policy required under this subsection to an incarcerated individual at the time of a positive pregnancy test result. The Maryland Commission on Correctional Standards shall review each correctional facility’s policy required under this subsection during regular inspections.

In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle. Except as provided in this section, a pregnant incarcerated individual may not be involuntarily placed in restrictive housing, including involuntary medical isolation or infirmary. A pregnant incarcerated individual may be involuntarily placed in restrictive housing if the managing official of the correctional facility, in consultation with the person overseeing women’s health and services in the facility, makes an individualized and written determination that restrictive housing is required as a temporary response to: behavior that poses: a serious and immediate risk of physical harm to the incarcerated individual or another; or an immediate and credible flight risk that cannot be reasonably prevented by other means; or a situation that poses a risk of spreading a communicable disease that cannot be reasonably mitigated by other means. A managing official who makes a determination described in paragraph (1) of this subsection shall document the reason why other less restrictive housing is not possible. The determination described in paragraph (1) of this subsection shall be reviewed and affirmed at least every 24 hours in writing with a copy provided to the incarcerated individual. An individual placed in restrictive housing under this section shall be: medically assessed every 8 hours; housed only in the least restrictive setting consistent with the health and safety of the individual; and given an intensive treatment plan developed and approved by the person overseeing women’s health and services in the facility. A pregnant incarcerated individual who is deemed to need infirmary care shall be admitted to the infirmary on order of a nurse practitioner, certified nurse–midwife, licensed certified midwife, physician assistant, or physician. If the incarcerated individual is overdue in the pregnancy, the incarcerated individual shall be housed in the infirmary as an admitted patient until labor begins or until the obstetrical consultant has made other housing and care recommendations. A pregnant incarcerated individual who has been placed in the infirmary shall be provided: access to regular outside recreation consistent with the general population; access to visits, mail, and telephone consistent with general population privileges; and the ability to continue to participate in work detail, programming, and classes. Within 48 hours after confirmation by a health care professional that an incarcerated individual is pregnant, the incarcerated individual shall be notified in writing of the restrictions on a pregnant incarcerated individual being placed in restrictive housing provided in this section. The Secretary shall establish a process through which an incarcerated individual may report a violation of this section. The managing official of a correctional facility who authorized the placement of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of the placement a report in writing to the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the person overseeing women’s health and services in the facility that describes the facts and circumstances surrounding the placement, including: the reasoning for the determination to place the incarcerated individual in restrictive housing; details of the placement, including the names of those who conducted medical assessments of the incarcerated individual, dates and times of placement, and the date, if applicable, the incarcerated individual was released from restrictive housing; and any physical or mental effects on the incarcerated individual or fetus resulting from the placement observed or reported by the person overseeing women’s health and services in the facility.

Whenever the Division of Correction determines that an incarcerated individual in a correctional facility in the Division is ill and the facilities of the correctional facility are inadequate to provide treatment for the illness, the Division may direct the managing official of the correctional facility to order the temporary removal of the incarcerated individual from the correctional facility to a facility in the State in which the incarcerated individual may receive adequate treatment. The Division of Correction may direct the temporary removal of an incarcerated individual from a correctional facility under subsection (a) of this section for a specified or unspecified time period. An order of temporary removal under subsection (a) of this section shall: be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the incarcerated individual; and require the incarcerated individual to be returned to a correctional facility in the Division of Correction as soon as the incarcerated individual’s health allows. During the period of the incarcerated individual’s temporary removal under this section, an incarcerated individual remains in the custody of the Division of Correction for the purposes of determining: the release date of the incarcerated individual; and diminution of the incarcerated individual’s term of confinement in accordance with §§ 3–702 through 3–704 of this article. An incarcerated individual who escapes while temporarily removed under this section is guilty of escape and subject to the penalties of § 9–404 of the Criminal Law Article. The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s temporary removal under this section shall be paid: by the incarcerated individual; by relatives or friends of the incarcerated individual; or from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility. If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses: the county from which the incarcerated individual was committed shall be billed for payment of the expenses; and the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article. The temporary removal of an incarcerated individual from a correctional facility under this section is subject to any regulations adopted by the Division of Correction regarding correctional officers, supervision, and terms of temporary removal.

The Department of State Police shall investigate any death of an incarcerated individual suspected to be a homicide that occurs while the incarcerated individual is in the custody of the Division of Correction whether within or outside a correctional facility. On or before December 31 each year, the Department of State Police shall post on its website and submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report detailing for the preceding calendar year: the number of investigations completed by the Department of State Police under this section; and the number of cases referred by the Department of State Police for prosecution following an investigation completed under this section.

Whenever an incarcerated individual dies in a Division of Correction facility, the Commissioner of Correction shall notify the following persons: the State delegates and State senator representing the legislative district where the facility is located; the legislative body of the county where the facility is located or the Baltimore City Council, if the facility is located in Baltimore City; and the chief executive of the county where the facility is located or the Mayor of Baltimore City, if the facility is located in Baltimore City. The notification required under subsection (a) of this section: shall include the cause of death of the deceased incarcerated individual; and may not include protected health information of the deceased incarcerated individual. The Department shall adopt regulations compliant with the federal Health Insurance Portability and Accountability Act to implement this section.

Subject to paragraph (2) of this subsection, the requirements under this section shall apply to: local detention centers in the following counties by January 1, 2020: Howard County; Montgomery County; Prince George’s County; and St. Mary’s County; and local detention centers in six additional counties by October 1, 2021. The Governor’s Office of Crime Prevention and Policy, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023. If the Baltimore Pre–trial Complex has not fully implemented the provisions of this section by January 2023, the Department of Public Safety and Correctional Services shall report to the Senate Finance Committee and the House Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on the status and timeline of implementation. Funding for the program at the Baltimore Pre–trial Complex shall be as provided in the State budget. In this section the following words have the meanings indicated. “Health care practitioner” means an individual who is licensed, certified, or otherwise authorized to practice under the Health Occupations Article. “Incarcerated individual” means an individual confined within a local correctional facility. “Medication” means a medication approved by the federal Food and Drug Administration for the treatment of opioid use disorder. “Medication–assisted treatment” means the use of medication, in combination with counseling and behavioral health therapies, to provide a holistic approach to the treatment of opioid use disorder. “Opioid use disorder” means a medically diagnosed problematic pattern of opioid use that causes significant impairment or distress. “Peer recovery specialist” means an individual who has been certified by an entity approved by the Maryland Department of Health for the purpose of providing peer support services, as defined under § 7.5–101(n) of the Health – General Article. An incarcerated individual in a State or local correctional facility shall be placed on a properly supervised program of methadone detoxification if: a physician determines that the incarcerated individual is a person with an opioid use disorder; the treatment is prescribed by a physician; and the incarcerated individual consents in writing to the treatment. Each local correctional facility shall conduct an assessment of the mental health and substance use status of each incarcerated individual using evidence–based screenings and assessments, to determine: if the medical diagnosis of an opioid use disorder is appropriate; and if medication–assisted treatment is appropriate. If an assessment conducted under paragraph (1) of this subsection indicates opioid use disorder, an evaluation of the incarcerated individual shall be conducted by a health care practitioner with prescriptive authority authorized under Title 8, Title 14, or Title 15 of the Health Occupations Article. Information shall be provided to the incarcerated individual describing medication options used in medication–assisted treatment. Medication–assisted treatment shall be available to an incarcerated individual for whom such treatment is determined to be appropriate under this subsection. Each local correctional facility shall make available at least one formulation of each FDA–approved full opioid agonist, partial opioid agonist, and long–acting opioid antagonist used for the treatment of opioid use disorders. Each pregnant woman identified with an opioid use disorder shall receive evaluation and be offered medication–assisted treatment as soon as practicable. Each local correctional facility shall: following an assessment using clinical guidelines for medication–assisted treatment: make medication available by a qualified provider to the incarcerated individual; or begin withdrawal management services prior to administration of medication; make available and administer medications for the treatment of opioid use disorder; provide behavioral health counseling for incarcerated individuals diagnosed with opioid use disorder consistent with therapeutic standards for such therapies in a community setting; provide access to a health care practitioner who can provide access to all FDA–approved medications for the treatment of opioid use disorders; and provide on–premises access to peer recovery specialists. If an incarcerated individual received medication or medication–assisted treatment for opioid use disorder immediately preceding or during the incarcerated individual’s incarceration, a local correctional facility shall continue the treatment after incarceration or transfer unless: the incarcerated individual voluntarily discontinues the treatment, verified through a written agreement that includes a signature; or a health care practitioner determines that the treatment is no longer medically appropriate. Before the release of an incarcerated individual diagnosed with opioid use disorder under subsection (d) of this section, a local correctional facility shall develop a plan of reentry that: includes information regarding postincarceration access to medication continuity, peer recovery specialists, other supportive therapy, and enrollment in health insurance plans; includes any recommended referrals by a health care practitioner to medication continuity, peer recovery specialists, and other supportive therapy; and is reviewed and, if needed, revised by a health care practitioner or peer recovery specialist. The procedures and standards used to determine substance use disorder diagnosis and treatment of incarcerated individuals are subject to the guidelines and regulations adopted by the Maryland Department of Health. As provided in the State budget, the State shall fund the program of opioid use disorder screening, evaluation, and treatment of incarcerated individuals as provided under this section. On or before November 1, 2020, and annually thereafter, the Governor’s Office of Crime Prevention and Policy shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: the number of incarcerated individuals diagnosed with: a mental health disorder; an opioid use disorder; a non–opioid substance use disorder; and a dual diagnosis of mental health and substance use disorder; the number and cost of assessments for incarcerated individuals in local correctional facilities, including the number of unique incarcerated individuals examined; the number of incarcerated individuals who were receiving medication or medication–assisted treatment for opioid use disorder immediately prior to incarceration; the type and prevalence of medication or medication–assisted treatments for opioid use disorder provided; the number of incarcerated individuals diagnosed with opioid use disorder; the number of incarcerated individuals for whom medication and medication–assisted treatment for opioid use disorder was prescribed; the number of incarcerated individuals for whom medication and medication–assisted treatment was prescribed and initiated for opioid use disorder; the number of medications and medication–assisted treatments for opioid use disorder provided according to each type of medication and medication– assisted treatment options; the number of incarcerated individuals who continued to receive the same medication or medication–assisted treatment for opioid use disorder as the incarcerated individual received prior to incarceration; the number of incarcerated individuals who received a different medication or medication–assisted treatment for opioid use disorder compared to what the incarcerated individual received prior to incarceration; the number of incarcerated individuals who initiated treatment with medication or medication–assisted treatment for opioid use disorder who were not being treated for opioid use disorder prior to incarceration; the number of incarcerated individuals who discontinued medication or medication–assisted treatment for opioid use disorder during incarceration; a review and summary of the percent of days, including the average percent, median percent, mode percent, and interquartile range of percent, for incarcerated individuals with opioid use disorder receiving medication or medication–assisted treatment for opioid use disorder as calculated overall and stratified by other factors, such as type of treatment received; the number of incarcerated individuals receiving medication or medication–assisted treatment for opioid use disorder prior to release; the number of incarcerated individuals receiving medication or medication–assisted treatment prior to release for whom the facility had made a prerelease reentry plan; a review and summary of practices related to medication and medication–assisted treatment for opioid use disorder for incarcerated individuals with opioid use disorder before October 1, 2019; a review and summary of prerelease planning practices relative to incarcerated individuals diagnosed with opioid use disorder prior to, and following, October 1, 2019; and any other information requested by the Maryland Department of Health related to the administration of the provisions under this section. Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the Governor’s Office of Crime Prevention and Policy and also include any other data necessary to meet reporting requirements under this section.

Subject to subsections (c) and (d) of this section, the State shall pay the funeral and burial expenses of an indigent incarcerated individual who dies while in the custody of a State correctional facility. The State shall pay the same amount for the funeral and burial expenses of an indigent incarcerated individual as the Department of Human Services pays under § 5–415 of the Human Services Article. To be eligible to receive the benefit under this section, the family of an indigent incarcerated individual must be known or registered with the Department of Human Services. If the body of an indigent incarcerated individual is not claimed within 48 hours after death, the State Anatomy Board shall take control of the body for final disposition in accordance with § 5–406 of the Health – General Article. The Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution shall adopt regulations establishing procedures to carry out this section.

The estate of an individual who is sentenced to imprisonment in a correctional facility in the Division of Correction is liable: first, for payment of reparation to each person injured by the individual; and second, for expenses incurred by the State to apprehend, prosecute, convict, and remove the individual. To determine the amount of liability under subsection (a) of this section, the court in which the individual is convicted shall direct its clerk to certify to the managing official of the correctional facility the amount of reparation determined by the court and the costs incurred by the State in the prosecution and conviction of the individual. The managing official shall maintain a record of the liability of the estate of the individual as certified by the clerk under subsection (b) of this section.

This section applies to local correctional facilities and correctional facilities in the Division of Correction. On the recommendation of a health care provider, the managing official of a correctional facility or the managing official’s designee may authorize medical treatment of a juvenile incarcerated individual if: in the judgment of the managing official or designee, the treatment is necessary; and a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization. A managing official or designee may not be held liable for authorizing medically necessary treatment in good faith.

At least once each year, the circuit court of each county shall charge its grand jury to: inquire into the operation and management of each State correctional facility located in the county; and present a report of all offenses and omissions of any individual in or that relate to a State correctional facility.

At least once each year, the grand jury in each county shall: visit each local correctional facility in the county; inquire into the condition of the correctional facility, the manner in which it is maintained, and the treatment of incarcerated individuals; and report its findings to the circuit court of the county.

Whenever a date of release from confinement in a State correctional facility is a Saturday, Sunday, or legal holiday, the incarcerated individual shall be released on the first preceding day that is not a Saturday, Sunday, or legal holiday. The Commissioner of Correction shall adopt regulations: establishing a release plan for incarcerated individuals upon release from confinement in a State correctional facility to help identify resources to assist incarcerated individuals following release, including the provision of transportation from the facility for an incarcerated individual upon release; and implementing the provisions of § 9–609.1 of this subtitle concerning issuance of an identification card to incarcerated individuals on release from confinement in a State correctional facility.

The Commissioner of Correction shall issue an identification card to an incarcerated individual before release from confinement in a State correctional facility. The identification card issued under paragraph (1) of this subsection shall meet the requirements for secondary identification for the purpose of an identification card issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article. Except as provided in paragraph (3) of this subsection, on taking custody of an incarcerated individual sentenced to the Division of Correction, the Commissioner of Correction shall begin the process of obtaining the incarcerated individual’s birth certificate. If an incarcerated individual’s birth certificate is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the birth certificate before release from confinement in a State correctional facility. Except as provided in paragraph (3) of this subsection, the Commissioner of Correction shall apply to the Social Security Administration to obtain an incarcerated individual’s Social Security card: at the earliest date possible in accordance with any memorandum of understanding between the Division of Correction and the Social Security Administration providing for the issuance of incarcerated individual Social Security cards; or as soon as is practicable. If an incarcerated individual’s Social Security card is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the Social Security card before release from confinement in a State correctional facility. The Commissioner of Correction may not obtain a document under paragraph (1) or (2) of this subsection unless the incarcerated individual consents in writing to the Commissioner of Correction obtaining the document.

If a provision of the Code imposes a penalty of 3 months of imprisonment, the period of 3 months shall be calculated to be 90 calendar days.

An individual who is committed or detained, or another individual on that individual’s behalf, may demand a true copy of the warrant of commitment or detainer. If an officer or other individual neglects or refuses to deliver a true copy of the warrant of commitment or detainer, if there is one, within 6 hours after the copy has been demanded, the officer or other individual shall forfeit $500 to the individual who is committed or detained. The right of action to recover the forfeiture provided under this section or § 2-305 of the Courts Article survives the death of either party. The provisions of subsections (b) and (c) of this section do not apply to the officials and employees of the Division of Correction and the Patuxent Institution.

The Department or the managing official of a local correctional facility shall provide an incarcerated individual who has been sentenced to a term of incarceration in the Division of Correction or a term of at least 60 days in a local correctional facility and who has been diagnosed with a mental illness with access to a 30–day supply of medication for the mental illness on the release of the incarcerated individual. Subsection (a) of this section does not apply to pretrial incarcerated individuals. Part of the 30–day supply of medication provided under subsection (a) of this section may be provided by prescription if the incarcerated individual is provided sufficient medication on release that enables the incarcerated individual to remain medication–compliant until additional medication becomes available from filling the prescription. This section shall apply only if a treating physician determines that: the released incarcerated individual’s possession of medication in the quantity prescribed is in the best interest of the incarcerated individual; and possession of the prescribed medication will not constitute a danger to the released incarcerated individual. The Department, an employee of the Department, a local correctional facility, an employee of a local correctional facility, or an agent of the Department or local correctional facility, including a physician or corporate entity providing medical services to incarcerated individuals on behalf of the Department or local correctional facility, may not be held liable under this section for issuing medication or a prescription for medication to an incarcerated individual on the incarcerated individual’s release notwithstanding that the released incarcerated individual: is no longer under the care or supervision of the prescribing physician; and may be without medical supervision for the period during which the medication has been administered.

On or before July 1, 2010, the Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop a process to refer an incarcerated individual who has been diagnosed with hepatitis C to the Department of Human Services or the Maryland Department of Health for enrollment in the Maryland Medical Assistance Program or the Primary Adult Care Program on release of the incarcerated individual. The Department shall provide counseling to incarcerated individuals with hepatitis C on the management of hepatitis C and methods to reduce the transmission of hepatitis C. The Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop regulations to implement subsection (a) of this section.

In this section the following words have the meanings indicated. “Correctional unit” has the meaning stated in § 2–401 of this article. “Restrictive housing” means a form of physical separation that has not been requested by the incarcerated individual in which the incarcerated individual is placed in a locked room or cell for approximately 22 hours or more out of a 24–hour period. “Restrictive housing” includes administrative segregation and disciplinary segregation. On or before December 31 each year, each correctional unit shall submit data to the Governor’s Office of Crime Prevention and Policy showing, by correctional unit: the total population of the correctional unit; the number of incarcerated individuals who have been placed in restrictive housing during the preceding year by age, race, gender, classification of housing, and the basis for the incarcerated individual’s placement in restrictive housing; the number of incarcerated individuals with serious mental illness that were placed in restrictive housing during the preceding year; the definition of “serious mental illness” used by the correctional unit in making the report; the number of incarcerated individuals known to be pregnant when placed in restrictive housing during the preceding year; the average and median lengths of stay in restrictive housing of the incarcerated individuals placed in restrictive housing during the preceding year; the number of incidents of death, self–harm, and attempts at self–harm by incarcerated individuals in restrictive housing during the preceding year; the number of incarcerated individuals released from restrictive housing directly into the community during the preceding year; any other data the correctional unit considers relevant to the use of restrictive housing by correctional facilities in the State; and any changes to written policies or procedures at each correctional unit relating to the use and conditions of restrictive housing, including steps to reduce reliance on restrictive housing. The Governor’s Office of Crime Prevention and Policy shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.

In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle. This section applies to a facility operated by a correctional unit, as defined in § 2–401 of this article. A minor may not be placed in restrictive housing unless the managing official of the facility finds by clear and convincing evidence that there is an immediate and substantial risk: of physical harm to the minor, other incarcerated individuals, or staff; or to the security of the facility. A minor placed in restrictive housing shall be provided: daily physical and mental health assessments to determine whether the minor may be released from restrictive housing; the same standard of access that is provided to incarcerated individuals not in restrictive housing to: phone calls; visits; mail; food; water; showers; sanitary supplies; property, including clothing and bedding; and medical, mental, and dental health care; and unless it would pose a risk of physical harm to the minor or another, maximized access to recreation, education, and programming. If a privilege or condition described in subsection (d) of this section is not provided to the minor, the managing official or the managing official’s designee shall record the reason in the minor’s file.

In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle. To the extent possible, the Commissioner of Correction may not prohibit an incarcerated individual placed in restrictive housing from having access to a reentry specialist or case manager within 180 days before the direct release of the incarcerated individual from a correctional facility to the community.

This section applies to an incarcerated individual in a State or local correctional facility. The Department shall collect an incarcerated individual’s earnings. From an incarcerated individual’s earnings, the Department shall: if required by law, reimburse the county or State for the cost of providing food, lodging, and clothing to the incarcerated individual; pay court ordered payments for support of dependents; pay court ordered payments for restitution; and pay compensation for victims of crime in accordance with subsection (d) of this section. Of the earnings of an incarcerated individual in the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance, the Department shall withhold 20% for compensation for victims of crime, in accordance with the requirements of the Program. This paragraph applies to an incarcerated individual who is subject to an unsatisfied judgment of restitution. If an incarcerated individual has earnings that are not covered under the provisions of paragraph (1) of this subsection, the Department shall withhold 25% for compensation for victims of crime until the judgment is satisfied. If a court in a criminal or juvenile delinquency proceeding has ordered the incarcerated individual to pay restitution, the Department shall forward the money withheld under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article. The Criminal Injuries Compensation Board shall distribute from the Criminal Injuries Compensation Fund any amount received under this paragraph to the person or governmental unit specified in the judgment of restitution to pay the restitution as required under § 11–607(b)(2) of the Criminal Procedure Article. If the incarcerated individual is not subject to a judgment of restitution or the judgment of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the Department shall pay: 50% into the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article; and 50% into the State Victims of Crime Fund established under § 11–916 of the Criminal Procedure Article. The Department shall: credit to the incarcerated individual’s account any balance that remains after paying the items in subsection (c)(1) through (4) of this section; and pay the balance in the incarcerated individual’s account to the incarcerated individual within 15 days after the incarcerated individual is released.

In this section the following words have the meanings indicated. “Commission” means the Maryland Commission on Correctional Standards. “Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle. This section applies to local correctional facilities and correctional facilities in the Division of Correction. Each correctional facility shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female incarcerated individual on: admission to the facility; a routine basis; and request. The managing official of a correctional facility shall ensure that the facility has a sufficient supply of menstrual hygiene products available to meet the needs of the incarcerated individual population at all times. The Commission shall establish standards regarding the proper disposal of menstrual hygiene products. Each correctional facility shall maintain records on the provision and availability of menstrual hygiene products to incarcerated individuals. The Commission shall review each correctional facility’s policy and records relating to menstrual hygiene products during regular inspections.

Each local correctional facility shall develop and implement a policy for assisting incarcerated individuals to obtain identification cards issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article either before or after release from confinement.

On or before October 1, 2026, and each October 1 thereafter, the Department shall conduct a study on the location of individuals before and following incarceration in a State correctional facility and report the results of the study to the Senate Judicial Proceedings Committee, the Senate Budget and Taxation Committee, the House Judiciary Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article. The study shall include: data on the county of residence of each individual released during the previous year, as reported by the individual on intake to the facility; data on the county of release following incarceration; for individuals who were transferred from one State correctional facility to another prior to release, the number of days that the transfer occurred before release; and a comparison of: the number of individuals released from a State correctional facility into the same county in which they resided prior to incarceration; the number of individuals released from a State correctional facility into the same county in which conviction occurred; and the number of individuals released from a State correctional facility into the county in which they were incarcerated at the time of release.

In this section, “Program” means the Volunteer Services Program. There is a Volunteer Services Program in the Division of Correction. The Division of Correction shall establish a protocol for registering volunteers, including formerly incarcerated individuals and organizations led by formerly incarcerated individuals, in the Program to have access to State correctional facilities for the purpose of assisting incarcerated individuals with release preparation. The protocol established under subsection (c) of this section shall require: the Division of Correction to maintain a record of volunteers registered in the Program; subject to subsection (e) of this section, the registration of volunteers in the Program to be made available to the public; and a volunteer in the Program to provide to the Division of Correction a written schedule describing when the volunteer intends to access a State correctional facility. A volunteer in the Program: has the right to elect whether the volunteer’s name is made available to the public; and must consent in writing if the volunteer elects the disclosure of the volunteer’s name to the public. The Division of Correction may not deny a schedule provided under subsection (d)(3) of this section unless the schedule interferes with the normal function of the State correctional facility.