Two bills introduced and heard in the Maryland Senate, dealing with local detention center housing requirements, have not met the cross over deadline for the 2026 session. Both bills aimed to change housing mandates for certain populations during incarceration. 

The “crossover” date for the General Assembly was Monday, therefore, legislation that has not received approval from its original committee is likely not viable this session. While this is the fate for most of the bills that miss this deadline, it doesn’t necessarily mean a narrow set of bills, or even specific provisions from bills, won’t find a way over the finish line by Sine Die.

SB 908 would have changed the definition of restrictive housing in a way that would require additional capital and operating funding for more
units, beds, day rooms, staff, security, and space. Without those improvements, the safety of each local facility would be severely compromised, for incarcerated individuals and staff. The liability exposure under the circumstances of the bill are a grave concern, understandably, among local wardens and their oversight bodies.

MACo had respectfully opposed the bill, noting that no warden takes the decision to use restrictive housing lightly but, under some circumstances, these accommodations are in the best interests of the individual, staff members, and the broader detention center population.

From the MACo testimony:

While well-intended, this change would impose significant operational, staffing, space, and fiscal demands on smaller county facilities that lack the scale and infrastructure of large state-run institutions. Without corresponding capital investments and staffing support, the bill risks undermining facility safety, exposing jurisdictions to liability, and limiting wardens’ ability to protect both staff and incarcerated individuals.

SB 296 would sensibly limit the long-term holding of a juvenile in an adult detention center, including all local detention centers. Although local detention centers have gone to great lengths to comply with federal mandates that apply in the rare instances when they have juveniles in custody, adjusting physical structures and procedures to account for these standards has been inconsistent and sometimes impossible. The resulting incomplete care and liability exposure in those instances should be avoided.

MACo took the position to support SB 296, urging the General Assembly members to change the housing standards by barring juvenile detention in adult facilities. As such the provisions would essentially mandate the Department of Juvenile Services to house all juveniles appropriately and with access to vital programming and rehabilitation services.

From the MACo testimony:

This bill wisely recognizes that adult detention centers operated by both the State and counties are not suitable for the holding of minors under any circumstances. In prohibiting the long-term holding of minors in these facilities, not only are local detention centers relieved of a substantial operational burden, but the minors in question will also be placed in an environment better suited to manage their needs and vulnerabilities.

Both bills remain in the Senate Judicial Proceedings Committee without a final vote. However, as previously discussed, the provisions of SB 296 have been amended into SB 323 which crossed over from the Senate to the House of Delegates where it will be scheduled for a hearing in front of the House Judiciary Committee.