Maryland SB 941: Correctional Services – Inmates – Labor, Job Training, and Educational Courses

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0941*

SENATE BILL 941
E5 3lr3063
SB 964/22 – SRU CF HB 1057
By: Senators Benson, Muse, and Augustine
Introduced and read first time: February 20, 2023
Assigned to: Rules

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Inmates – Labor, Job Training, and Educational Courses 2

FOR the purpose of requiring the compensation rate for inmate labor in Maryland 3
Correctional Enterprises to be not less than the federal minimum wage; requiring 4
the Division of Correction to offer job training and educational courses to certain 5
inmates; requiring the Maryland Department of Labor to evaluate the job training 6
and educational courses offered by the Division on an ongoing basis; and generally 7
relating to inmates. 8

BY repealing and reenacting, with amendments, 9
Article – Correctional Services 10
Section 3–514 11
Annotated Code of Maryland 12
(2017 Replacement Volume and 2022 Supplement) 13

BY adding to 14
Article – Correctional Services 15
Section 9–618 16
Annotated Code of Maryland 17
(2017 Replacement Volume and 2022 Supplement) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Correctional Services 21

3–514. 22

(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 23
Commissioner and Chief Executive Officer shall establish the compensation rate for inmate 24

2 SENATE BILL 941

labor in Maryland Correctional Enterprises, taking into consideration other wage 1
payments and incentives in other programs. 2

(2) THE COMPENSATION RATE FOR INMATE LABOR IN MARYLAND 3
CORRECTIONAL ENTERPRISES MAY NOT BE LESS THAN THE MINIMUM WAGE UNDER 4
THE FEDERAL FAIR LABOR STANDARDS ACT. 5

(b) After review by the Management Council, and after consideration of any 6
recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations 7
in accordance with Title 10, Subtitle 1 of the State Government Article that govern the 8
method and time of compensation payments. 9

9–618. 10

(A) (1) SUBJECT TO SAFETY AND SECURITY CONCERNS, THE DIVISION OF 11
CORRECTION SHALL OFFER JOB TRAINING TO ALL INMATES. 12

(2) THE MARYLAND DEPARTMENT OF LABOR SHALL PARTNER WITH 13
LABOR UNIONS, TRADE ASSOCIATIONS, AND EDUCATIONAL INSTITUTIONS TO 14
DEVELOP THE JOB TRAINING PROGRAMS TO BE OFFERED. 15

(3) THE JOB TRAINING OFFERED SHALL FOCUS ON MARKETABLE 16
SKILLS. 17

(B) (1) SUBJECT TO SAFETY AND SECURITY CONCERNS, THE DIVISION 18
SHALL OFFER EDUCATIONAL COURSES TO ALL INMATES. 19

(2) EDUCATIONAL OFFERINGS SHALL INCLUDE: 20

(I) COURSES ABOVE GED LEVEL; 21

(II) FINANCIAL LITERACY; 22

(III) INVESTING; AND 23

(IV) CIVICS. 24

(C) ON OR BEFORE MARCH 1 EACH YEAR, THE DEPARTMENT SHALL 25
REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE 26
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE JOB TRAINING AND 27
EDUCATIONAL COURSES OFFERED BY THE DIVISION DURING THE PRECEDING 28
CALENDAR YEAR, INCLUDING: 29

(1) A LISTING AND DESCRIPTION OF EACH TRAINING MODULE AND 30

SENATE BILL 941 3

EDUCATIONAL COURSE OFFERED ALONG WITH THE NUMBER OF STUDENTS 1
PARTICIPATING IN EACH; AND 2

(2) THE NUMBER OF INMATES WHO RECEIVED DIPLOMAS, 3
CERTIFICATES, OR OTHER PROGRAM COMPLETIONS, BY CATEGORY. 4

(D) (1) THE MARYLAND DEPARTMENT OF LABOR SHALL, ON AN 5
ONGOING BASIS, EVALUATE THE JOB TRAINING AND EDUCATIONAL COURSES 6
OFFERED BY THE DIVISION, AND, ON OR BEFORE DECEMBER 31 EVERY 3 YEARS, 7
BEGINNING DECEMBER 31, 2024, REPORT TO THE GOVERNOR AND, IN ACCORDANCE 8
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 9
ON: 10

(I) THE EXTENT TO WHICH THE COURSES OFFERED MEET THE 11
TRAINING AND EDUCATIONAL GOALS FOR WHICH THEY WERE ESTABLISHED; 12

(II) THE DEGREE OF PARTICIPATION IN EACH COURSE AND 13
REASONS FOR LOW PARTICIPATION IN ANY COURSE; 14

(III) ANY SECURITY CONCERNS THAT PRESENT BARRIERS TO 15
THE IMPLEMENTATION OF A COURSE; AND 16

(IV) RECOMMENDATIONS FOR ANY NEW OR MODIFIED 17
PROGRAMMING. 18

(2) THE MARYLAND DEPARTMENT OF LABOR SHALL CONSIDER THE 19
FOOTPRINT, PHYSICAL STRUCTURE, AND STAFFING OF DIVISION FACILITIES IN 20
MAKING ANY RECOMMENDATION FOR NEW OR MODIFIED PROGRAMMING. 21

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23