State analysts flag Duval consent-decree shortfalls, rising assaults and federal contract costs in pretrial detention budget review

The Division of Pretrial Detention and Services— fiscal 2026 allowance totals $377.6 million, a $11.0 million (2.8%) reduction from the working appropriation, but analysts warned the subcommittee the budget still faces substantial cost and compliance risks.

DLS analyst Catherine Barber told the committee that personnel account for about 61% of the allowance, and inmate health care accounts for approximately 28%, or about $107.9 million. ‘‘The fiscal 26 allowance decreases by $11,000,000 overall from the working appropriation but after accounting for proposed deficiency appropriations for costs associated with fiscal 24 shortfalls the budget decreases by approximately $3,800,000,’’ Barber said.

Barber emphasized facility-safety trends in Baltimore City. The Baltimore Central Booking and Intake Center (BCBIC) processed 15,385 individuals in fiscal 2024, a 2% decline in arrestees processed, while commitments rose 8% and the share of processed individuals committed pretrial rose to 59%. Barber said several DPDS facilities reported much higher assault rates in fiscal 2024: ‘‘MTC and YDC reported significant increases,’’ she said, noting the Youth Detention Center (YDC) had an assault rate of about 68.37 per 100 average daily population (ADP), nearly double BCBIC—s rate.

Secretary Carolyn Scruggs told the subcommittee the department has pursued changes intended to improve medical and mental-health care in the facilities, including a new medical and mental-health contract that ‘‘substantially increased the required professional staff within the facilities,’’ the appointment of medical liaison officers, and upgrades to electronic patient health records. Scruggs said the department cannot yet project when the court-ordered substantial compliance under the Duval v. Moore consent decree will be reached because of a gap in medical monitoring; a new medical monitor—s first report is due May 2025.

DLS described the Duval v. Moore litigation history and compliance status: the decree, reopened in 2015, has been extended multiple times and was most recently extended through June 30, 2026. Barber said DPDS was in substantial compliance with some physical-plant and mental-health provisions but remained partially or noncompliant on others. DLS recommended adding language to withhold $100,000 in fiscal 26 general funds pending a report on DPSCS's strategy and timeline to reach full compliance with the decree.

Barber also raised the Chesapeake Detention Facility (CDF) contract with the U.S. Marshals Service (USMS), a fixed-price agreement that runs through August 31, 2025. DLS noted the contract has historically required DPSCS to provide staff and materials while federal reimbursements have not always covered state expenses. Barber said DPSCS met with USMS on February 18, 2025, to renegotiate reimbursement rates and asked the department to explain why it intends to renew the contract and how it will reduce reliance on general funds.

Workforce pressures were a recurring theme. Barber reported 178.6 DPDS vacancies (9.99%) as of Dec. 31, 2024, mostly correctional officer posts, and she tied safety risks to staffing shortages and mandatory overtime. Jania Francis of AFSCME Local 3661 testified that her unit faces high turnover, insufficient training and outdated technology and urged targeted investments to improve recruitment and retention.

The committee did not take formal votes on budget language. DLS recommended a restricted $100,000 general fund language tied to a compliance report and requested follow-up discussion on CDF contract renegotiation outcomes and DPSCS strategies to cut general-fund support for federal-detainee operations.

The department said it will provide the compliance updates and report back to the subcommittee.