§ 9-614.1

Maryland § 9-614.1

• Jurisdiction: Maryland
• Article gcs: Correctional Services
• Title: 9

Text

(a) In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.

(b) This section applies to a facility operated by a correctional unit, as defined in § 2–401 of this article.

(c) 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:

(1) of physical harm to the minor, other incarcerated individuals, or staff; or

(2) to the security of the facility.

(d) A minor placed in restrictive housing shall be provided:

(1) daily physical and mental health assessments to determine whether the minor may be released from restrictive housing;

(2) the same standard of access that is provided to incarcerated individuals not in restrictive housing to:

(i) phone calls;

(ii) visits;

(iii) mail;

(iv) food;

(v) water;

(vi) showers;

(vii) sanitary supplies;

(viii) property, including clothing and bedding; and

(ix) medical, mental, and dental health care; and

(3) unless it would pose a risk of physical harm to the minor or another, maximized access to recreation, education, and programming.

(e) 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.