This bill prohibits Maryland government entities and contractors from entering into agreements to detain individuals in facilities owned, managed, or operated by private companies. It also bars state and local governments from paying for, subsidizing, or providing financial incentives related to the construction, operation, or management of privately run detention facilities. The law defines detention facilities broadly to include correctional, immigration, and other facilities used to detain people, while still allowing private companies to provide ancillary services like education, medical care, and maintenance. Additionally, the bill prevents government agencies from approving zoning variances or permits for buildings intended for private detention use, with an effective date of October 1, 2026.
This bill creates a new criminal offense in Maryland for distributing heroin, fentanyl, or their chemical analogues when such distribution results in death or serious bodily injury to another person. It applies to anyone convicted of distributing these substances that cause harm, regardless of whether the victim used the drugs alone or mixed with other substances, and whether the distribution was direct or involved multiple transfers. The law establishes this as a separate felony carrying up to 20 years of consecutive prison time in addition to any other penalties, and allows prosecutions in either the county where the distribution occurred or where the death or injury happened.
This bill creates a new misdemeanor offense called third-degree assault in Maryland, which prohibits intentionally causing offensive contact, attempting to cause such contact, or engaging in conduct meant to make someone fear offensive contact. The law defines offensive contact as nonconsensual physical contact that a reasonable person would find offensive, but explicitly excludes contact that causes physical injury, creates a risk of serious injury, or involves domestic or sexual crimes. People convicted of this offense could face up to 90 days in jail, a fine of up to $500, or both. The bill also updates legal procedures by clarifying how third-degree assault charges must be written in court documents and ensures that physical injury from a third-degree assault cannot be used as a defense against that charge. Additionally, it adjusts jurisdiction rules so that District Courts handle third-degree assault cases exclusively.
This bill updates Maryland's restrictive housing policies to strengthen protections for pregnant incarcerated individuals and limit how long people can be held in restrictive housing. It prohibits involuntary placement of pregnant people in restrictive housing except in specific emergency situations, such as when there is an immediate risk of serious harm or a credible flight risk that cannot be managed otherwise. The legislation requires frequent medical assessments, mandates that individuals receive at least 4 hours of daily time outside their cells, and establishes a reporting process for violations. Additionally, the bill creates a new oversight section requiring the Correctional Ombudsman to review implementation and includes stricter documentation requirements for any placement of pregnant individuals in restrictive housing.
HB 765 amends Maryland's criminal code to explicitly prohibit counterfeiting or possessing counterfeit leases and rental agreements with intent to defraud. It adds "lease" (subsection a(7)) and "rental agreement" (a(13)) to the list of items protected under counterfeiting laws, which previously covered items like bonds and checks. Creating or aiding in creating such counterfeits becomes a felony punishable by up to 10 years in prison or a $1,000 fine, while knowingly possessing them is a misdemeanor punishable by up to 3 years in prison or a $1,000 fine. The bill directly affects individuals who fraudulently create or use fake rental documents, such as those attempting to evade rent or commit property fraud.
HB 1340 establishes the Prison Education Delivery Reform Commission as an independent state body to improve education access for people in Maryland's criminal and juvenile justice systems. The commission, composed of 11 appointed members including state agency heads, legislators, and external experts, must develop a statewide education framework using data to reduce recidivism and increase public safety. Key tasks include researching best practices for education programs, evaluating current workforce training, forming an advisory group with justice reform organizations, and seeking technical assistance from national experts. This commission directly affects incarcerated individuals and justice system stakeholders by focusing on education as a strategy to improve outcomes. The bill creates a structured process for policy recommendations but does not change existing education programs.
HB 1363 requires individuals convicted of two or more "domestically related crimes" (defined as crimes against someone eligible for family law relief or with whom they had a sexual relationship within 12 months) to register as domestic violence offenders. Within 7 days of the second conviction, registrants must provide their full name, crime details, physical description, valid ID, and signature to a supervising authority (like a court or correctional facility). Registration lasts 2 years for one prior conviction or 5 years for two or more convictions, and the Department of Public Safety must make this information publicly available online. This bill directly affects repeat domestic violence offenders in Maryland, creating a formal registration system to track them.
SB 689 (Bri's Law) creates a task force to study postrelease services for people leaving prison in Maryland, focusing on programs designed to prevent re-arrest. The task force, composed of legislative members, corrections officials, and state's attorneys, must examine all release types and existing post-release requirements by July 2027. It will recommend improvements to these programs based on its findings. The bill expires automatically on June 30, 2028, with no further legislative action required. This study directly affects individuals transitioning from incarceration back into communities.
SB 512 amends Maryland's stalking law to increase penalties for specific stalking offenses. It elevates stalking to a felony (with up to 10 years in prison or $10,000 fine) if the offender had a protective order against them, violated a court order prohibiting the behavior, or has a prior stalking conviction in Maryland or another state. The bill directly affects individuals convicted of stalking who meet these aggravating conditions. Key provisions clarify that stalking includes unwanted electronic tracking without consent and define the circumstances under which penalties escalate. The law maintains existing definitions of stalking but strengthens consequences for repeat offenders and those violating court orders.
SB 736 updates Maryland's criminal law regarding visual representations of children. It raises the age limit from 16 to 18 for material depicting children in sexual contexts or abuse, making possession or viewing such material illegal for children under 18. Penalties increase significantly, with first offenses carrying up to 10 years in prison or $25,000 in fines, and repeat offenses becoming felonies with up to 20 years in prison or $50,000 fines. The bill also allows individuals depicted in such material to file civil lawsuits for damages (including up to $250,000 in punitive damages) without needing a prior criminal conviction, and requires the Attorney General to submit annual reports on enforcement and technology changes.
