HB 1337
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1337 (Delegate Proctor)
Judiciary
Inmate Training and Job Act of 2021
This bill establishes the Inmate Training and Job Pilot Program at specified institutions of
postsecondary education to provide educational and vocational training opportunities for
inmates in the nine months preceding their release. The Maryland Higher Education
Commission (MHEC) and each participating institution must administer the program in
cooperation with the Division of Correction (DOC) at the Department of Public Safety and
Correctional Services (DPSCS). Each institution’s program must have an individualized
plan for success, a professor or other staff member serving as the primary contact for
program participants, and at least three students serving as program mentors. Program
participants must take virtual courses that are credit bearing and count toward a degree,
certificate, or license. The bill establishes various reporting and information collection
requirements to track program participation and outcomes. The Governor must include in
the annual budget bill an appropriation for the pilot program in the amount of $125,000 in
fiscal 2023, $137,500 in fiscal 2024, and $151,250 in fiscal 2025 and 2026. The bill takes
effect July 1, 2021, and terminates June 30, 2028.
Fiscal Summary
State Effect: No effect in FY 2022. General fund expenditures increase by $125,000 in
FY 2023, $137,500 in FY 2024, and $151,250 in FY 2025 and 2026 to implement the pilot
program. MHEC and DPSCS expenditures may increase further in FY 2023 through 2026
to cover costs associated with the program, as discussed below. Higher education revenues
and expenditures may increase minimally (not shown below). This bill establishes a
mandated appropriation from FY 2023 through 2026.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 0 125,000 137,500 151,300 151,300
Net Effect $0 ($125,000) ($137,500) ($151,300) ($151,300)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: None.
Small Business Effect: None.
Analysis
Bill Summary:
Program Administration
The Commissioner of Correction within DPSCS must adopt regulations to implement the
Inmate Training and Job Pilot Program; those regulations must set terms of deduction for
pilot program participation and, if appropriate, include provisions governing the work
release of program participants.
The bill establishes pilot programs at Bowie State University (BSU), Coppin State
University, Morgan State University (MSU), and the University of Maryland Eastern Shore
(UMES). Additionally, MHEC may establish additional pilot programs at other institutions
of postsecondary education through a memorandum of understanding.
Primary Contact Responsibilities
Each pilot program’s individualized plan must specify a staff member at the institution who
serves as the primary contact responsible for each inmate’s participation and education in
the program. The primary contact must meet with participating inmates regularly
throughout their participation in the pilot program and ensure the inmates are enrolled in
appropriate courses that work with the inmates’ schedules. Courses must be credit bearing
and lead to a degree or an industry-recognized certificate or license. All courses must be
virtual and are subject to regulations adopted by the Commissioner of Correction at
DPSCS.
The primary contact must also select at least three student mentors who are (1) at least
18 years old; (2) enrolled in the institution of postsecondary education; and (3) enrolled as
a junior or senior if the pilot program is located at a four-year institution. Student mentor
participants must receive course credit and a small stipend from the pilot program.
Additional Program Requirements
MHEC must establish a hotline to connect program participants to counseling and job
services. If participants desire such aid, MHEC must facilitate contact between
each program participant and a nonprofit organization in the community where the
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participant plans to reside (after release) whose mission includes aid with job placement,
housing services, or counseling services. Also, MHEC must encourage former program
participants to serve as contacts for future participants.
Funding
The Governor must include in the annual budget bill an appropriation for the pilot program
in the amount of $125,000 in fiscal 2023, $137,500 in fiscal 2024, and $151,250 in
fiscal 2025 and 2026. Funding must be provided to MHEC for the costs associated with
program administration, including a designated employee who is responsible for the
administration of the pilot program, grants made to participating institutions (an institution
must enroll at least 10 inmates to qualify for an allocation of funds), and stipends for
student mentors. Additionally, funding must be provided to DOC within DPSCS to cover
costs associated with program administration, including a designated employee.
Reporting
Each program participant must agree to provide MHEC with regular updates for two years
regarding employment, future postsecondary enrollments, and any licensure or
certification.
Each president (or other governing entity) of each participating institution must submit a
report to MHEC on the number of enrolled inmates in the current academic year on or
before December 15 each year from 2022 through 2026. On the basis of this data, MHEC
must prorate funding to each participating postsecondary institution based on the number
of participating inmates.
By July 1, 2024, and July 1, 2028, MHEC – in consultation with DOC – must submit an
interim report and a final report, respectively, to the Governor and the General Assembly
on the progress of the program. These reports must include program participant information
on (1) courses enrolled in; (2) post-confinement employment; (3) post-confinement
continuing education; and (4) post-confinement certification or licensure.
Current Law: The Maryland Department of Labor (MDL) Division of Workforce
Development and Adult Learning (DWDAL), in conjunction with DPSCS, oversees inmate
training, education, and job programs with similar features to those proposed in the bill.
Diminution Credits
Generally, inmates sentenced to a State correctional facility are entitled to earn diminution
of confinement credits to reduce the lengths of their incarcerations.
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Diminution credits are deducted from an inmate’s “term of confinement,” which is defined
as (1) the length of the sentence, for a single sentence or (2) the period from the first day
of the sentence that begins first through the last day of the sentence that ends last, for
concurrent sentences, partially concurrent sentences, consecutive sentences, or a
combination of concurrent and consecutive sentences.
Diminution credits are made for good conduct, work tasks, education, and special projects
or programs.
Office of Correctional Education
DWDAL’s Office of Correctional Education provides 25 career training opportunities
“behind the fence.” Offerings vary by institution but include training in automotive skills,
barbering, construction, and welding. All occupational courses lead to a portable,
industry-recognized credential that contribute to an inmate’s employability after release.
In addition to occupational programming, the Office of Correctional Education oversees
academic and transitional courses throughout Maryland’s prisons. Academic programming
includes GED preparation ahead of earning a Maryland high school diploma and English
as a second language courses. Prior to release, inmates may complete transitional courses
to ease their reentrance to society. These offerings include classes in parenting,
employment readiness, financial literacy, and life skills.
Second Chance Pell Program
Incarcerated individuals in DPSCS facilities who have earned a GED or high school
diploma are given an extended opportunity to access support for postsecondary education
through the Second Chance Pell Program, overseen by DPSCS. The program allows
incarcerated individuals to receive federal funding to enroll in postsecondary programs
offered by local colleges and universities or distance learning providers. Maryland has a
total of six higher education institutions providing services to the incarcerated population
and is working on expanding the Second Chance Pell Program throughout the State. Both
BSU and UMES were selected to participate in the federal Second Chance Pell experiment.
Another postsecondary program, the Goucher College Prison Education Partnership, offers
college courses to individuals at certain DPSCS facilities, and approximately 130 students
enroll each year with Goucher; over the years, students have pursued nearly 200 classes.
State Fiscal Effect: General fund expenditures increase in fiscal 2023 through 2026 due
to the mandated appropriations required by the bill: $125,000 in fiscal 2023; $137,500 in
fiscal 2024; and $151,250 in fiscal 2025 and 2026. These funds must be used by MHEC
and DPSCS to administer the program, as discussed below. Depending on the number and
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size of the pilot program sites, expenditures may be greater than the mandated
appropriation in any year, as discussed further below.
Administrative Staff
MHEC has determined that one regular half-time position is needed to implement the bill.
Similarly, DPSCS has determined that one regular full-time position is needed to
implement the bill. However, the Department of Legislative Services (DLS) advises that
the added responsibilities incurred by this legislation are not permanent and, thus, may be
performed by contractual employees. Accordingly, this estimate reflects the cost of hiring
two contractual employees, one part-time in MHEC and one part-time in DPSCS (since
MHEC is primarily responsible for implementing the pilot program, DLS advises that a
half-time position in DPSCS should be sufficient) to administer the program. It includes
salaries, fringe benefits, one-time start-up costs, and ongoing operating expenses.
Half-time Contractual Positions 2.0
Salaries and Fringe Benefits $52,059
One-time Start-up Costs 10,180
Ongoing Operating Expenses 1,310
Total FY 2023 State Staffing Expenditures $63,549
Future year expenditures reflect annual increases and ongoing operating expenses through
fiscal 2026.
This estimate does not include any health insurance costs that could be incurred for
specified contractual employees under the State’s implementation of the federal Patient
Protection and Affordable Care Act.
Student Mentor Compensation, Hotline, Nonprofit Connection, Grants, and Other Costs
MHEC expenditures increase minimally to cover costs for student mentor compensation,
depending on the level of compensation set and the number of student mentors in a given
year. The program must maintain three student mentors at each pilot site for a total of
12 student mentors. If MHEC sets the stipend for mentor participation at $250,
expenditures would, therefore, increase by $3,000 annually for mentors at the
four institutions required to participate in the program. The participating institutions can
likely arrange for mentors to receive course credit with existing resources.
MHEC expenditures also increase to provide a hotline for program participants and to
connect inmates who complete the program with specified nonprofit organizations. Given
the small pilot program size, administrative staff for the program can likely set up the
hotline and make connections to the specified types of nonprofit organizations. If the
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program expands significantly beyond 40 to 50 participants in total each year (a likely level
of participation given the four required pilot sites and the threshold of 10 participants at a
pilot program for the institution to receive a grant), expenditures and workload required to
staff the hotline and make connections to nonprofits in communities where the participants
plan to reside will likewise significantly expand.
MHEC expenditures increase further to provide grants to participating postsecondary
institutions to help cover costs associated with the program in proportion to the number of
inmates in each institution’s program. Costs to participating institutions may include
appointing staff to serve as a coordinator and the creation of individualized plans.
DPSCS advises that the virtual nature of some courses may be a significant barrier. The
department advises that it will need to acquire new computer equipment and additional
access points for inmate participation in virtual coursework. DLS advises that, given the
likely limited scope of the pilot program, costs to provide the limited pool of pilot program
participants (likely about 40 to 50 program participants across all four required
participating institutions each year) access to needed technology and the Internet can be
accomplished with existing resources. MDL advises that, in conjunction with DPSCS, the
department currently provide 87 tablets to correctional institutions for use in educational
programming. However, should the pilot program expand, costs to provide appropriate
Internet access and devices to additional program participants will be significant.
After administrative costs, the residual mandated funding available to cover mentor
compensation, hotline, nonprofit connection, and grants to postsecondary institutions totals
$61,451 in fiscal 2023, $82,631 in fiscal 2024, $94,282 in fiscal 2025, and $92,389 in
fiscal 2026. These amounts are likely able to cover pilot program costs for four sites and
approximately 40 to 50 participants each year. To the extent the pilot program is larger or
costs are higher than anticipated, general fund expenditures may exceed the total amount
mandated in the bill.
MHEC, DPSCS, and postsecondary institutions can comply with the bill’s reporting
requirements with existing resources.
The University System of Maryland advises that the bill would have no fiscal impact. DLS
advises that the bill likely requires some expenditures relating to designating a staff
coordinator and enrolling additional inmates in courses at participating universities.
However, funding from grants given by MHEC should be sufficient to cover costs. MSU
advises expenditures increase to launch the pilot program. DLS concurs with this
assessment but similarly advises grant funds from MHEC should offset most direct costs
to MSU. To the extent participating institutions already enroll inmates in courses, some
expenditures relating to program administration may be mitigated.
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Offsetting Expenditure Reductions
To the extent program participants are eligible for work release or diminution of
confinement credits, DPSCS expenditures decrease, potentially by a significant amount.
The DPSCS Division of Financial Services estimates that, excluding overhead, the average
cost of housing a new State inmate, including variable health care costs, is approximately
$716 per month. Excluding all health care, the average variable cost of housing a new State
inmate is approximately $195 per month. DLS advises that exact savings will depend on
the number of program participants and the amount by which DPSCS elects to reduce the
length of incarceration among program participants. If the program were to have
40 participants (10 at each participating postsecondary institution) and all program
participants received four months of diminution credits from participating in the program,
total expenditures from variable health care and housing would decrease by approximately
$114,560 for that cohort of 40 students. However, DPSCS advises that the nine-month
window before a program participant’s release is insufficient time for meaningful
participation since program participants may be eligible for diminution of confinement
credits. DPSCS advises that program participants will, in all probability, spend only
approximately four months in the program.
If the program is successful in reducing recidivism and assisting formerly incarcerated
individuals in obtaining the skills, certificates, and knowledge needed to be successful in
the labor market, additional reductions in State expenditures may result. However, without
information regarding the specific makeup and outcomes of program participants, exact
savings estimates are difficult to quantify.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 800 (Senator Patterson) - Education, Health, and
Environmental Affairs.
Information Source(s): Maryland Higher Education Commission; University System of
Maryland; Morgan State University; Maryland Department of Labor; Department of Public
Safety and Correctional Services; Department of Legislative Services
Fiscal Note History: First Reader - March 8, 2021
an/rhh
Analysis by: Michael E. Sousane Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected:
Text - First - Inmate Training and Job Act of 2021: 3-611 Correctional Services, 24-1301 Education, 24-1302 Education, 24-