Maryland calls its solitary confinement "restrictive housing" -- and the state is required by prior legislation to publish an annual report on its use. That reporting requirement has produced some of the clearest data on solitary confinement trends of any state in this series, and the numbers are not encouraging. The 2024 annual report showed 9,486 disciplinary segregation placements -- up 38% from the previous year -- even as Maryland's overall prison population continued to fall. The average placement in restrictive housing is 42.5 days. Over one-fourth of people in Maryland's prison system experience restrictive housing at some point. The United Nations has identified 15 days as the threshold at which solitary confinement should be considered torture.
Samuel Smalls spent 308 days in restrictive housing after refusing to change out of jeans with pockets before a court appearance. In November 2025, he received a $185,000 settlement from DPSCS after filing a federal civil rights complaint. He had done much of his own legal work from inside. His case is one of the clearest illustrations in Maryland of what "restrictive housing" looks like in practice: nearly a year of isolation for a minor clothing-related infraction.
Maryland has been among the states working toward legislation to limit solitary confinement, though reform bills have repeatedly stalled or failed to advance. Maryland was identified by the Unlock the Box Campaign as one of twelve states to pass solitary confinement legislation between July 2024 and July 2025. Verify the specific legislation at publish.
What Solitary Confinement Is Called in Maryland
Maryland's Department of Public Safety and Correctional Services (DPSCS) uses "restrictive housing" as its official term. The Maryland Alliance for Justice Reform and IAHR have noted that DPSCS's definition encompasses all forms of isolation, including:
Disciplinary Segregation: Punitive isolation following a disciplinary hearing and finding of guilt, with a defined sanction term. In 2024, this accounted for 9,486 placements -- more than two-thirds of all restrictive housing placements in Maryland.
Administrative Segregation: Non-punitive isolation for safety, security, or investigative reasons, without requiring a prior guilty finding.
Protective Custody: Separation for the protection of the incarcerated person.
Mental Health Restrictive Housing: People with serious mental illness who cannot be managed in general population may be placed in mental health-designated restricted housing settings.
Maryland statute and proposed legislation have defined solitary confinement broadly: any classification under which a person is confined to a cell for approximately 22 hours per day or more, including disciplinary segregation, administrative segregation, protective custody, special housing, supermaximum security housing, restricted housing, and restricted programming.
Annual Reporting
Maryland is one of a limited number of states that publishes an annual restrictive housing report. This data includes breakdowns by:
- Type of restrictive housing
- Gender, race, and pregnancy status
- Mental health status
- Duration
The 2024 report (DPSCS fiscal year 2024 data) is the most recent publicly available. Key findings from 2024:
- 9,486 disciplinary segregation placements -- up 38% from the prior year.
- Disciplinary segregation accounted for more than two-thirds of all restrictive housing.
- The average placement in restrictive housing was 42.5 days.
- Over one-fourth of people in Maryland prisons experienced restrictive housing.
- DPSCS opened seven mental health housing units during this period, which DPSCS says has helped shorten time in restrictive housing.
These reports are available through DPSCS and Maryland's legislative resources.
Who Can Be Placed in Restrictive Housing in Maryland
Disciplinary segregation requires a disciplinary hearing and finding of guilt. The 38% increase in disciplinary segregation placements in 2024 occurred even as the prison population fell, suggesting broader application of the sanction.
Administrative segregation can be initiated without a prior hearing for safety, security, or investigative reasons. Review occurs after placement.
Protective custody can be initiated administratively for people facing safety threats.
How Long People Stay in Restrictive Housing
Maryland has no statute limiting the duration of restrictive housing. The annual report documents that the average placement is 42.5 days -- nearly three times the 15-day UN threshold. Individual placements can be far longer: Samuel Smalls spent 308 days in restrictive housing for a clothing infraction.
Prior legislation required annual reporting but did not impose duration limits. Multiple bills have sought to establish time limits; as of this writing, none has passed into law.
Conditions in Maryland Restrictive Housing
Maryland's annual reporting provides more data than most states but does not document specific conditions such as daily out-of-cell time or programming access in aggregate form.
Based on available reporting and litigation: people in restrictive housing in Maryland have highly restricted out-of-cell time, limited programming access, and reduced social contact. Some facilities have restrictive housing conditions that Disability Rights Maryland identified as violating the Eighth Amendment, Article 25 of the Maryland Constitution, and the Americans with Disabilities Act in an investigation into North Branch Correctional Institution.
DPSCS opened seven mental health housing units in recent years as an alternative to restrictive housing for people who are struggling in general population.
Trans Prisoners and Restrictive Housing
Maryland's treatment of transgender incarcerated people and restrictive housing has become a significant accountability issue. In 2024, DPSCS entered into three settlements with incarcerated or formerly incarcerated trans individuals relating to restrictive housing and other conditions, totaling approximately $835,000 -- more than a third of all settlement dollars DPSCS paid that year. A national Vera Institute survey found that 89% of transgender respondents in state prisons had experienced solitary confinement at some point.
Bills in the 2025 Maryland General Assembly (including HB 647 and SB 702) addressed restrictive housing, with some provisions specifically concerning trans people. HB 647 proposed banning placement of trans people in restrictive housing. The 2025 budget included language requiring DPSCS to report on its treatment of incarcerated trans people, with a $100,000 budget withholding if the report was not comprehensive.
Mental Health Protections
Maryland has no statute specifically prohibiting placement of people with serious mental illness in restrictive housing. DPSCS operates under general Eighth Amendment obligations. DPSCS's annual reporting includes mental health status data, which allows tracking of SMI placements. Disability Rights Maryland investigated North Branch Correctional Institution and found conditions for people with disabilities in restrictive housing that it identified as constitutional violations.
The seven mental health housing units opened by DPSCS are intended to divert people with serious mental illness from restrictive housing. DPSCS says these units have shortened time in restrictive housing.
The Samuel Smalls Settlement
Samuel Smalls, 49, received a $185,000 settlement from DPSCS in November 2025 after spending 308 days in solitary confinement. The underlying incident: Smalls wore jeans with pockets to a court appearance and refused to change when instructed. According to reporting, DPSCS classified this as a rule violation triggering restrictive housing.
Smalls did much of his own legal work from inside prison -- researching, drafting affidavits from other incarcerated people, handwriting his complaint and briefs. The Equal Justice Works fellow who later joined his case called him "an exceptional client" who "had litigated it quite far" before she got involved.
Smalls said the settlement is a way to address the isolation he experienced and that many others still do: "Long stretches in solitary leave people without mental-health support and unable to function once they return, to the community or to others inside prison walls."
What Families Can Do
If your person is in restrictive housing in a Maryland state prison:
Find where your person is housed. DPSCS provides an offender search at dpscs.maryland.gov. This confirms current facility placement.
Contact the facility. Each DPSCS facility has administrative staff. Contact the warden's office or classification department to confirm current housing status, the stated reason for restrictive housing, and visiting and communication rules during restricted placement.
Know the reporting data. Maryland publishes an annual restrictive housing report. If you want to understand trends and population data, these reports are available through DPSCS and the Maryland General Assembly website.
Document duration and conditions. Maryland has no statutory duration limit. If your person has been in restrictive housing for more than 15 days, document this. If they have been there for months, seek legal help.
File a grievance. DPSCS has an administrative grievance process. Help your person file formal grievances for conditions violations, extended placement without documented justification, or denial of mental health care. Samuel Smalls's case shows that the grievance and litigation process can produce results.
Contact Interfaith Action for Human Rights. IAHR (interfaithactionhr.org) has been the lead advocacy organization on Maryland solitary confinement reform for years and may be able to provide referrals and current information.
Contact Disability Rights Maryland. For people with disabilities in DPSCS restrictive housing, Disability Rights Maryland (disabilityrightsmd.org) has conducted investigations into conditions and may provide legal referrals.
Seek legal help. The Smalls settlement demonstrates that successful litigation is possible. If your person has been in restrictive housing for an extended period for a minor infraction, or has a disability and is not receiving required accommodations, consult a prisoner rights attorney familiar with Maryland federal courts.
Frequently asked questions
What is solitary confinement called in Maryland prisons?
DPSCS uses "restrictive housing." By definition, this includes any housing classification where a person is confined to a cell for approximately 22 hours per day or more. The main categories are disciplinary segregation (post-hearing sanction with defined term), administrative segregation (non-punitive, without prior hearing), and protective custody. Annual reporting on restrictive housing use is required by statute.
What did Maryland's 2024 restrictive housing report show?
The 2024 DPSCS annual report found 9,486 disciplinary segregation placements -- up 38% from 2023 -- making up more than two-thirds of all restrictive housing. This increase occurred while Maryland's prison population was falling. The average restrictive housing placement was 42.5 days. Over one-fourth of people in Maryland prisons experienced restrictive housing. DPSCS noted it opened seven mental health housing units during this period.
Who can be placed in restrictive housing in Maryland?
Disciplinary segregation requires a hearing and guilty finding. Administrative segregation can be initiated without a prior hearing for safety, security, or investigative reasons. Protective custody is for people facing safety threats. Maryland has no statute specifying who cannot be placed in restrictive housing (no statutory SMI or pregnancy exclusion has been enacted, though bills have been introduced). DPSCS's 2024 data shows placements categorized by race, gender, pregnancy, and mental health status.
What are conditions like in Maryland restrictive housing?
Maryland's annual reporting provides population and demographic data but not detailed condition data like daily out-of-cell time. Disability Rights Maryland found constitutional violations at North Branch Correctional Institution regarding conditions for people with disabilities in restrictive housing. DPSCS has opened seven mental health housing units intended to improve conditions for people with mental illness.
How long can someone stay in solitary in Maryland?
Maryland has no statute limiting the duration of restrictive housing. The average stay is 42.5 days. Samuel Smalls spent 308 days in solitary for refusing to change jeans before court. Reform bills that would impose time limits have repeatedly failed to pass. Maryland was identified by the Unlock the Box Campaign as having passed some solitary legislation between 2024-2025; verify the specific law and whether it includes duration limits at publish.
Are trans prisoners protected from solitary in Maryland?
Not comprehensively. In 2024, DPSCS paid approximately $835,000 in settlements related to trans prisoners in restrictive housing -- more than a third of all DPSCS settlement dollars that year. A 2025 bill (HB 647) proposed banning restrictive housing placement for trans people. The 2025 budget required DPSCS to report on treatment of trans prisoners, with a $100,000 budget withholding if the report is inadequate. DPSCS's current policy houses trans people based on physical sex, not gender identity, which advocates say drives unsafe placements and retaliatory solitary use.
Are mentally ill prisoners protected from solitary in MD?
Maryland has no statute specifically prohibiting placement of people with serious mental illness in restrictive housing. DPSCS's annual reports track mental health status in placements. DPSCS has opened seven mental health housing units as an alternative pathway. Disability Rights Maryland has found Eighth Amendment and ADA violations in restrictive housing conditions for people with disabilities at North Branch Correctional Institution.
What is the Samuel Smalls Maryland solitary settlement?
Samuel Smalls, serving a life sentence, spent 308 days in restrictive housing after refusing to change out of jeans with pockets before a court appearance. After filing a federal civil rights complaint -- doing much of the legal work himself from inside prison -- he received a $185,000 settlement from DPSCS in November 2025. His case illustrates that minor infractions can produce months in solitary, and that persistent self-advocacy and litigation can produce accountability.
Can families visit someone in Maryland restrictive housing?
Visiting is typically restricted during disciplinary and administrative segregation. Contact the specific DPSCS facility directly to confirm current visiting rules before traveling. DPSCS facility contact information is at dpscs.maryland.gov. Written mail generally retains stronger protections than phone or visits during restrictive housing.
What can families do if someone is in MD solitary?
Use DPSCS's offender search at dpscs.maryland.gov to find your person. Contact the facility to confirm housing status and the reason for restrictive housing. Document start date, duration, and review dates. File grievances through DPSCS's process. Review DPSCS's annual restrictive housing reports at dpscs.maryland.gov for system-wide context. Contact Interfaith Action for Human Rights (interfaithactionhr.org) or Disability Rights Maryland (disabilityrightsmd.org) for advocacy resources and referrals. If your person has been in restrictive housing for weeks or months, consult a prisoner rights attorney. ---
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