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MarylandSB 04122026 Regular SessionSenateWALLET

Maryland Department of Health - Forensic Review Boards and Community Forensic Aftercare Program

Sponsored By: Malcolm Augustine

Signed by Governor

Public HealthApplicants and ApplicationsAttorneysAttorney GeneralCaregiversCognitive DisabilitiesCommittees and CommissionsCourt OrdersDisclosureEmergencies -see also- PandemicsEthicsForensicsHealth -see also- COVID19; EnvHlth; MedCon; etc.Health Care Facilities -see also- Clinics; Hospices; etcHealth, Department ofHealth Occupations -see also- (specific health occupations)HearingsIncarcerated IndividualsInterstate AffairsLegal AidMeetings -see also- Hearings; Open GovernmentMental and Behavioral Health -see also- Aut; Cogn; Dev; etc.NoticesParole and ProbationPenalties and Sentences -see also- Death PenaltyPersonal RepresentativesPetitionsRecords -see also- Land Records; Vital RecordsRehabilitationReview BoardsRules and RegulationsSocial WorkersTimeVirtual EnvironmentsVoting -see also- Absentee and Mail-In Voting

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Facility boards review your release

Each state facility now has a forensic review board. The board reviews your case at least once a year and, if your treatment team says you are ready, within 30 days. Boards have licensed clinicians, an odd number of members, and must keep written reasons and a plan to fix barriers to release. You may appoint an authorized agent to attend meetings, but lawyers may not attend; the final vote is closed. If the board’s view differs from your treatment team, its court witness cannot be on your team.

New community monitoring after release

The Department of Health runs a Community Forensic Aftercare Program. It monitors court‑ordered conditional release and some people discharged as incompetent but not dangerous. You meet with a monitor and your mental health team at least every 90 days, three times in the first 6 months; after 18 months, only as needed. The Program reports alleged violations and can ask the court to change your release. You may appoint an advocate or a lawyer’s designee to attend meetings; emergencies require quick notice. The Program cannot make clinical treatment decisions, and courts cannot order it to do so. The Department must issue rules to run the Program.

Community board handles release decisions

A Community Monitoring Board now reviews conditional release in the community. It can recommend ending, changing, or extending release, decide if you can stay on release, and handle out‑of‑state travel. You and your lawyer get at least 10 days’ notice of meetings. You may appoint an authorized agent to attend all but the final vote, including by video. Voting members are licensed providers, the Board keeps written reasons in your medical file, and it must share documents on request. The Attorney General may advise the Department at Board meetings.

Faster violation reports and defense access

If someone reports a release violation, the court or Department must quickly notify the other parties, your counsel, and the State’s Attorney, and share the reporter’s contact and your release order. When the Program gets a report, it must give required details to the State’s Attorney and your counsel. If a hearing is within 10 days, the Program must send requested records within 4 business days unless barred by law. If the Public Defender represents you and you have no private lawyer, the Program and your health providers must send needed records within 24 hours. The Department, the Program, or the State’s Attorney may ask the court to change your release at any time; you may also ask, under existing timing limits.

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Sponsors & Cosponsors

Sponsor

  • Malcolm Augustine

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 183 • No: 36

Senate vote • 4/9/2026

Third Reading Passed

Yes: 42 • No: 0 • Other: 4

House vote • 4/8/2026

Third Reading Passed

Yes: 99 • No: 36 • Other: 6

Senate vote • 3/23/2026

Third Reading Passed

Yes: 42 • No: 0 • Other: 3

Actions Timeline

  1. Approved by the Governor - Chapter 237

    4/28/2026

  2. Passed Enrolled

    4/9/2026Senate

  3. Third Reading Passed (42-0)

    4/9/2026Senate

  4. Senate Concurs House Amendments

    4/9/2026Senate

  5. Third Reading Passed (99-36)

    4/8/2026House

  6. Second Reading Passed with Amendments

    4/3/2026House

  7. Favorable with Amendments {793520/1 Adopted

    4/3/2026House

  8. Favorable with Amendments Report by Health

    4/3/2026House

  9. Hearing 3/31 at 1:00 p.m.

    3/24/2026House

  10. Referred Health

    3/24/2026House

  11. Third Reading Passed (42-0)

    3/23/2026Senate

  12. Second Reading Passed with Amendments

    3/23/2026Senate

  13. Floor Amendment {763920/1 (Senator Lam) Adopted

    3/23/2026Senate

  14. Favorable with Amendments {923920/1 Adopted

    3/23/2026Senate

  15. Favorable with Amendments Report by Finance

    3/23/2026Senate

  16. Hearing 2/17 at 1:00 p.m. (Finance)

    2/3/2026Senate

  17. First Reading Finance and Judicial Proceedings

    1/29/2026Senate

Bill Text

  • Enrolled

    4/9/2026

    PDF

  • Third Reading

    3/23/2026

    PDF

  • First Reading

    1/29/2026

    PDF

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