Corrections hearing spotlights rising assaults, contraband risks, transgender housing issues, unpaid MCE bills and delayed women's pre‑release facility

The Department of Public Safety and Correctional Services (DPSCS) faced extended questioning after Department of Legislative Services (DLS) testimony documenting increased assault rates, fiscal items in the corrections budget, concerns about treatment and litigation involving transgender incarcerated people, a fiscal‑compliance audit of Maryland Correctional Enterprises (MCE) receivables, delays in a reentry passport pilot and continued shortfalls in women’s pre‑release programming.

DLS analyst Catherine Barber summarized key metrics and budget items: the fiscal 2026 corrections allowance totals about $1,100,000,000, a $10,000,000 (0.9%) increase from fiscal 2025. The sentenced average daily population (ADP) rose about 4% to 16,085 in fiscal 2024, and DLS reported a substantial increase in assaults: the individual assault rate in fiscal 2024 rose to 9.81 per 100 ADP (a 54% increase from the prior year) and staff‑assaults increased to 5.38 per 100 ADP. DLS reported five homicides in correctional facilities in fiscal 2024, up two from the prior year.

DPSCS Secretary Carolyn J. Scruggs (appearing with senior staff) said the incarcerated population has shifted toward more individuals serving sentences for person‑based crimes and noted a 55% increase in individuals newly sentenced for murder or manslaughter compared with pre‑COVID numbers. Secretary Scruggs and DPSCS staff told the committee contraband is a major driver of violence: they said mail and other delivery methods now include undetectable or hard‑to‑detect substances and synthetic cannabinoids, and that some mail is deliberately laced with controlled substances or pesticides the department cannot detect with current methods. The department said a new monthly assault analysis report produced in FY 2025 has helped reduce assaults by 23.5% since implementation, and the department is piloting body‑worn cameras and upgrading facility surveillance cameras.

On the treatment of transgender incarcerated individuals, DLS highlighted recent settlements and recommended restricted funding pending a better report. DLS said there were three settlements in calendar 2024 related to transgender inmate mistreatment totaling about $835,000 and noted an October 2024 Board of Public Works approval of a $750,000 settlement in the Amber Kanter case. DLS cautioned that current DPSCS policy that houses transgender individuals according to physical genitalia conflicts with the Prison Rape Elimination Act (PREA) guidance that housing decisions should be individualized based on risk assessment. Secretary Scruggs said DPSCS is researching best practices, engaging LGBTQ advocates and hiring subject matter expertise; she described recent trainings for wardens and leadership and said policy revision work is underway.

DLS also reviewed a June 2024 fiscal compliance audit of Maryland Correctional Enterprises (MCE). The audit found MCE was owed $12,900,000 as of June 2023, of which $7,000,000 (54%) was outstanding more than 90 days and most of the receivables (about $12,500,000) were from state agencies. DLS noted that because state agencies cannot be referred to the central collection unit (CCU), MCE’s ability to collect from state customers is limited; OLA also reported MCE had not sent Dunning notices or referred eligible receivables to CCU. Secretary Scruggs told the committee she notified agency leaders and reported $8,000,000 of the outstanding receivables has since been collected and that DPSCS had escalated the top overdue accounts to the secretary's office.

Reentry passport pilot: DLS said the reentry passport pilot has been delayed due to limited inmate access to computers and email; the pilot initially allowed four inmates to create email accounts and use a document portal. DPSCS said 278 case‑management and reentry staff are approved to use the portal to upload documents on behalf of consenting inmates, and that roughly 294 people are released monthly from custody. DPSCS said more than 800 documents had been downloaded as of the most recent update and that staff are working on an MOU with Maryland Department of Labor (Maryland THINK was mentioned) to formalize arrangements and to identify costs incurred to date.

Women’s pre‑release programming: DLS and outside witnesses told the committee the statutorily required women’s pre‑release facility (mandated by Chapter 16 of 2021) remains behind schedule — the project estimate now shows completion years out. Secretary Scruggs described Project FRESH as an interim pre‑release program at the Maryland Correctional Institution for Women (MCIW) with integrated programming but lower participation; DLS noted only about one‑third of eligible women had opted into Project FRESH as of July 2024 and that staffing shortages limited programming and dedicated staff for the unit. Outside witnesses and advocates urged the committee to prioritize dedicated pre‑release resources for women, citing research that full‑time employment on release strongly reduces recidivism.

Union and staff testimony: union leaders and correctional staff testified in person that short staffing and officer vacancies are worsening safety. Denise Gilmore (AFSCME Council 3) and Tony Saenz (AFSCME Local 898) said recent staffing reductions and chronic overtime have increased assaults and put staff at risk; union witnesses described serious staff injuries in the past year and asked the legislature to avoid cuts that reduce correctional officer positions. Correctional nurses and staff detailed broken infrastructure, delayed maintenance, and impacts on incarcerated people and staff.

Ending: DLS made several recommended committee narrative actions (reports on transgender populations and settlements, reentry passport rollout, and MCE delinquent receivables). DPSCS said it will provide follow‑up materials, and the committee kept oversight requests open. No formal votes were taken in the hearing segment.