SB 776

WES MOORE, Governor  Ch. 607
Chapter 607
  (Senate Bill 776)
AN ACT concerning
      Commission on the House of Reformation and Instruction for Colored
  Children – Establishment
FOR the purpose of establishing the Commission on the House of Reformation and
     Instruction for Colored Children; and generally relating to the Commission on the
     House of Reformation and Instruction for Colored Children.
BY adding to
     Article – State Government
     Section 6–1001 to be under the new subtitle “Subtitle 10. The Commission on the
  House of Reformation and Instruction for Colored Children”
     Annotated Code of Maryland
     (2021 Replacement Volume and 2025 Supplement)
  Preamble
      WHEREAS, The State of Maryland established the House of Reformation and
Instruction for Colored Children (also known under various historical names) in Prince
George’s County for over a century as a detention and reformatory institution for youth;
and
       WHEREAS, Recent reports and historical records have brought to light the existence
of a neglected cemetery on the grounds of the former institution containing the unmarked
graves of hundreds of deceased children, primarily African American boys, who died while
in the care and custody of the State; and
       WHEREAS, The condition of this burial ground represents a profound and
long–standing failure of the State to provide dignity in death to children for whom it had
assumed responsibility in life, and this neglect has hidden a painful chapter of Maryland’s
history from public view and accountability; and
       WHEREAS, The State of Maryland has a solemn moral and civic duty to the
deceased, their families, and all its citizens to uncover the full truth of what occurred at the
House of Reformation and Instruction for Colored Children, to account for every child
buried in unmarked graves, and to understand the system that allowed such a tragedy to
occur; now, therefore,
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – State Government
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Ch. 607  2026 LAWS OF MARYLAND
     SUBTITLE 10. THE COMMISSION ON THE HOUSE OF REFORMATION AND
  INSTRUCTION FOR COLORED CHILDREN.
6–1001.
     (A)  THERE IS A COMMISSION ON THE HOUSE OF REFORMATION AND
INSTRUCTION FOR COLORED CHILDREN.
     (B)    THE PURPOSE OF THE COMMISSION IS TO:
  (1) RESEARCH THE HISTORY, OPERATIONS, AND RESIDENT DEATHS
AT THE HOUSE OF REFORMATION AND INSTRUCTION FOR COLORED CHILDREN;
  (2)
  PROVIDE A COMPLETE AND PUBLIC ACCOUNTING OF THE
CHILDREN WHO DIED AND WERE BURIED ON THE GROUNDS OF THE HOUSE OF
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN;
  (3)
  PROMOTE   HEALING   AND  RECONCILIATION  THROUGH
TRUTH–TELLING, ACKNOWLEDGMENT, AND RECOMMENDATIONS FOR SYSTEMIC
REFORM; AND
  (4) ENSURE DESCENDANT AND COMMUNITY VOICE THROUGHOUT
THE INVESTIGATION AND RECONCILIATION PROCESS.
     (C)    THE COMMISSION CONSISTS OF:
  (1)      ONE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE OF
MARYLAND;
  (2)      ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF
DELEGATES;
  (3)   THE   ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S
DESIGNEE;
  (4)THE DIRECTOR OF THE MARYLAND HISTORICAL TRUST, OR THE
DIRECTOR’S DESIGNEE;
  (5) THE SECRETARY OF VETERANS AND MILITARY FAMILIES, OR THE
SECRETARY’S DESIGNEE;
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  WES MOORE, Governor  Ch. 607
  (6)THE CHAIR OF THE PRINCE GEORGE’S COUNTY  PLANNING
BOARD OF THE MARYLAND–NATIONAL CAPITAL PARK AND  PLANNING
COMMISSION, OR THE CHAIR’S DESIGNEE;
  (7)   THE SECRETARY OF JUVENILE SERVICES, OR THE SECRETARY’S
DESIGNEE;
  (8)
  THE CHIEF ARCHAEOLOGIST OF THE MARYLAND DEPARTMENT
OF TRANSPORTATION’S STATE HIGHWAY ADMINISTRATION, OR THE CHIEF
ARCHAEOLOGIST’S DESIGNEE;
  (9)   THE STATE ARCHIVIST, OR THE STATE ARCHIVIST’S DESIGNEE;
  (10) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S
DESIGNEE;
  (11) THE CHAIR OF THE MARYLAND COMMISSION ON AFRICAN
AMERICAN HISTORY AND CULTURE, OR THE CHAIR’S DESIGNEE;
  (12) THE EXECUTIVE DIRECTOR OF THE GIBSON–BANKS CENTER FOR
RACE AND LAW AT THE UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL
OF LAW, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
  (13) THE PRINCE GEORGE’S COUNTY EXECUTIVE, OR THE COUNTY
EXECUTIVE’S DESIGNEE; AND
  (14) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S
DESIGNEE;
  (15) THE STATE SUPERINTENDENT  OF   SCHOOLS,   OR   THE
SUPERINTENDENT’S DESIGNEE; AND
  (14) (16) UP TO SIX MEMBERS OF THE GENERAL PUBLIC APPOINTED
BY THE ATTORNEY GENERAL THAT SHALL INCLUDE:
  (I)
  AT LEAST ONE DESCENDANT OF A CHILD BURIED AT THE
SITE, A FORMER RESIDENT OF THE HOUSE OF REFORMATION, OR A FORMER
JUSTICE–INVOLVED YOUTH;
  (II)
  AT LEAST ONE ACADEMIC EXPERT IN FORENSIC
ANTHROPOLOGY, ARCHAEOLOGY, AFRICAN AMERICAN HISTORY, OR OTHER
RELATED DISCIPLINES;
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Ch. 607  2026 LAWS OF MARYLAND
  (III) AT LEAST ONE REPRESENTATIVE FROM A HISTORICALLY
BLACK COLLEGE OR UNIVERSITY IN THE STATE;
  (IV)    AT LEAST ONE REPRESENTATIVE FROM A CIVIL RIGHTS
ORGANIZATION; AND
  (V) ANY OTHER COMMUNITY LEADER, ADVOCATE, OR EXPERT
THE ATTORNEY GENERAL DETERMINES APPROPRIATE TWO INDIVIDUALS WITH
EXPERIENCE IN CIVIL RIGHTS ADVOCACY AND LITIGATION.
     (D) (1)     THE ATTORNEY GENERAL SHALL SERVE AS CHAIR OF THE
COMMISSION.
  (2)   THE COMMISSION SHALL ELECT A VICE CHAIR FROM AMONG ITS
MEMBERS.
     (E)  MEMBERS APPOINTED BY THE ATTORNEY GENERAL SHALL SERVE AT
THE PLEASURE OF THE ATTORNEY GENERAL.
     (F)   (1)   A MEMBER OF THE COMMISSION:
  (I)   MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE
COMMISSION; BUT
  (II) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE
BUDGET.
  (2) THE OFFICE OF THE ATTORNEY GENERAL MAY PROVIDE
STIPENDS TO DESCENDANT, FORMER RESIDENT, AND COMMUNITY MEMBERS TO
SUPPORT THE PARTICIPATION IN THE COMMISSION, SUBJECT TO AVAILABLE
FUNDS.
     (G) THE OFFICE OF THE ATTORNEY GENERAL SHALL PROVIDE STAFF FOR
THE COMMISSION.
     (H)   THE COMMISSION SHALL:
  (1)  DIRECT AND OVERSEE THE INVESTIGATION OF THE HOUSE OF
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN BY CONTRACTING
WITH QUALIFIED PROFESSIONAL EXPERTS, INCLUDING UNIVERSITIES, RESEARCH
INSTITUTIONS, AND INDEPENDENT PRACTITIONERS, TO CONDUCT:
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  WES MOORE, Governor  Ch. 607
  (I)
  FORENSIC ANTHROPOLOGY, ARCHAEOLOGICAL SURVEYS,
AND HISTORICAL RESEARCH TO THE HIGHEST ETHICAL AND PROFESSIONAL
STANDARDS;
  (II)
  LOCATION AND DOCUMENTATION OF ALL GRAVES USING
MODERN ARCHAEOLOGICAL AND FORENSIC METHODS;
  (III) IDENTIFICATION OF INDIVIDUALS BURIED AT THE SITE
THROUGH HISTORICAL RECORDS, FORENSIC ANALYSIS, DNA TESTING, AND
GENEALOGICAL RESEARCH;
  (IV)
  RECONSTRUCTION   OF   INSTITUTIONAL      CONDITIONS,
POLICIES, AND PRACTICES THROUGHOUT THE FACILITY’S HISTORY;
  (V)
  DOCUMENTATION        OF      DEATHS,        INCLUDING
CIRCUMSTANCES, CAUSES, AND STATE RESPONSES; AND
  (VI)   ANALYSIS OF SYSTEMIC FAILURES THAT ALLOWED HARMS
TO OCCUR;
  (2) REVIEW AND APPROVE RESEARCH METHODOLOGIES, WORK
PLANS, AND FINDINGS PRODUCED BY CONTRACTED EXPERTS;
  (3)
  WHEN APPROPRIATE AND APPROVED BY THE COMMISSION,
AUTHORIZE CONTRACTED EXPERTS TO CONDUCT EXHUMATION AND FORENSIC
ANALYSIS OF REMAINS IN ACCORDANCE WITH BEST PRACTICES IN FORENSIC
ANTHROPOLOGY AND BIOETHICS;
  (4)DIRECT CONTRACTED EXPERTS TO ESTABLISH A DNA DATABASE
FOR DESCENDANT MATCHING AND PURSUE GENEALOGICAL RESEARCH TO LOCATE
AND NOTIFY DESCENDANTS;
  (5)
  FACILITATE MEANINGFUL ENGAGEMENT WITH DESCENDANTS,
AFRICAN AMERICAN COMMUNITIES, AND OTHERS WITH HISTORICAL, FAMILIAL, OR
CULTURAL CONNECTIONS TO THOSE INTERRED AT THE SITE;
  (6) PROVIDE OPPORTUNITIES FOR DESCENDANTS, SURVIVORS,
FORMER RESIDENTS, AND COMMUNITY MEMBERS TO SHARE TESTIMONY AND
PARTICIPATE IN PUBLIC ACKNOWLEDGMENT;
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Ch. 607  2026 LAWS OF MARYLAND
  (7) ESTABLISH PROTOCOLS FOR DESCENDANT NOTIFICATION,
REBURIAL, AND CULTURALLY APPROPRIATE TREATMENT OF HUMAN REMAINS IN
CONSULTATION WITH CONTRACTED EXPERTS AND COMMUNITY STAKEHOLDERS;
  (8)OVERSEE   CONTRACTED    WORK        FOR   RESTORATION    AND
PRESERVATION OF THE CEMETERY GROUNDS;
  (9)
  RECOMMEND THE DESIGN AND THE IMPLEMENTATION OF A
PERMANENT MEMORIAL AT THE SITE;
        (10) ENSURE LONG–TERM MAINTENANCE AND ACCESSIBILITY OF THE
PERMANENT MEMORIAL DESCRIBED UNDER ITEM (9) OF THIS SUBSECTION;
  (11) RECOMMEND EDUCATIONAL INITIATIVES TO INCORPORATE THE
HISTORY OF THE HOUSE OF REFORMATION AND INSTRUCTION FOR COLORED
CHILDREN INTO THE STATE’S CURRICULUM;
  (12) DOCUMENTAND DISSEMINATE LESSONS LEARNED FOR
EDUCATIONAL PURPOSES AND TO INFORM FUTURE STATE–LED RESTORATIVE
HISTORY INITIATIVES;
  (13) MAKE FINDINGS REGARDING INSTITUTIONAL FAILURES AND
STATE ACCOUNTABILITY BASED ON RESEARCH CONDUCTED BY CONTRACTED
EXPERTS UNDER THIS SECTION;
  (14) DEVELOP RECOMMENDATIONS FOR SYSTEMIC REFORM, WHICH
MAY INCLUDE:
  (I)    OFFICIAL   STATE   ACKNOWLEDGMENT    AND   FORMAL
APOLOGY;
  (II)   REPARATIVE   MEASURES    FOR    DESCENDANTS    AND
SURVIVORS;
  (III) REFORMS TO PREVENT FUTURE DEATHS IN CUSTODY AND
IMPROVE CURRENT JUVENILE JUSTICE POLICIES;
  (IV)   ONGOING COMMEMORATION AND EDUCATION INITIATIVES;
AND
  (V)
  ANY   OTHER   MEASURE   THE   COMMISSION  DEEMS
APPROPRIATE TO PROMOTE HEALING AND RECONCILIATION; AND
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  WES MOORE, Governor  Ch. 607
  (15) PERFORM OTHER DUTIES AND RESPONSIBILITIES NECESSARY TO
ACCOMPLISH THE COMMISSION’S PURPOSES.
     (I)  (1) THE SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION,
THE OFFICE OF THE ATTORNEY GENERAL MAY PROCURE GOODS AND SERVICES ON
BEHALF OF THE COMMISSION.
  (2) THE EXECUTION OF A MAJOR CONTRACT REQUIRES APPROVAL BY
VOTE OF THE COMMISSION.
  (3) TO THE EXTENT PRACTICABLE AND CONSISTENT WITH STATE AND
FEDERAL LAW, THE OFFICE OF THE ATTORNEY GENERAL SHALL PROCURE GOODS
AND SERVICES FROM MARYLAND INSTITUTIONS AND HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES IN THE STATE.
     (J)   (1) ALL STATE AGENCIES, UNITS OF STATE GOVERNMENT, AND
POLITICAL SUBDIVISIONS OF THE STATE SHALL COOPERATE AND COMPLY WITH
INFORMATION REQUESTS FROM THE COMMISSION AND ITS CONTRACTED
RESEARCHERS AND SHALL PROVIDE ACCESS TO FACILITIES, RECORDS, AND
LOGISTICAL SUPPORT NECESSARY TO CONDUCT THE INVESTIGATION.
  (2) THE COMMISSION, THROUGH THE ATTORNEY GENERAL, MAY
ISSUE SUBPOENAS FOR DOCUMENTS AND TESTIMONY RELEVANT TO THE
INVESTIGATION.
     (K)   (1)   (I)   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
COMMISSION   AND ITS CONTRACTORS ARE AUTHORIZED TO CONDUCT
ARCHAEOLOGICAL SURVEYS AND TEST EXCAVATIONS AND CARRY OUT THE
DISINTERMENT OF HUMAN REMAINS ON THE GROUNDS OF THE HOUSE OF
REFORMATION AND INSTRUCTION FOR COLORED CHILDREN WITHOUT SEPARATE
AGENCY PERMITS.
  (II) THE COMMISSION SHALL CONSULT WITH THE MARYLAND
HISTORICAL TRUST AND THE MARYLAND DEPARTMENT OF HEALTH REGARDING
METHODS AND SAFETY FOR ACTIONS AUTHORIZED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
  (2)   TITLE 17 OF THE CRIMINAL PROCEDURE ARTICLE REQUIRING
JUDICIAL AUTHORIZATION AND A SWORN AFFIDAVIT REGARDING A SUSPECTED
HOMICIDE DOES NOT APPLY TO A FORENSIC GENETIC GENEALOGICAL DNA
ANALYSIS AND A SEARCH CONDUCTED BY THE PRINCIPAL INDEPENDENT
INVESTIGATOR COMMISSION, IF:
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Ch. 607  2026 LAWS OF MARYLAND
  (I)
  THE SEARCH IS CONDUCTED EXCLUSIVELY FOR THE
HUMANITARIAN PURPOSE OF IDENTIFYING THE DECEASED AND NOTIFYING
DESCENDANTS;
  (II)
  BIOLOGICAL SAMPLES ARE NOT USED TO SCREEN FOR
MEDICAL CONDITIONS OR TRAITS; AND
  (III) ALL DNA DATA IS DESTROYED ON THE CONCLUSION OF THE
INVESTIGATION.
  (3)    (I)NOTWITHSTANDING § 3–8A–27 OF THE COURTS ARTICLE
OR THE MARYLAND PUBLIC INFORMATION ACT, THE COMMISSION AND THE
COMMISSION’S CONTRACTORS ACTING IN FURTHERANCE OF THE DUTIES SPECIFIED
UNDER THIS SECTION SHALL HAVE FULL, UNRESTRICTED ACCESS TO ALL SEALED
OR OTHERWISE CONFIDENTIAL JUVENILE RECORDS, MEDICAL RECORDS, AND
ADMINISTRATIVE FILES RELATED TO THE HOUSE OF REFORMATION AND
INSTRUCTION FOR COLORED CHILDREN.
  (II)1.  SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS
SUBPARAGRAPH, THE COMMISSION SHALL MAINTAIN THE CONFIDENTIALITY OF
ANY LIVING INDIVIDUAL MENTIONED IN THE RECORDS UNDER SUBPARAGRAPH (I)
OF THIS PARAGRAPH.
  2.     THE COMMISSION MAY DISCLOSE THE NAMES AND
CIRCUMSTANCES OF DECEASED INDIVIDUALS FOR THE PURPOSES OF REPORTS AND
MEMORIALIZATION.
  (4) THE EXEMPTIONS TO GENERAL LAWS GRANTED IN THIS SECTION
ARE DETERMINED BY THE GENERAL ASSEMBLY TO BE NECESSARY DUE TO THE
UNIQUE HISTORICAL NATURE OF THE SITE FOR WHICH GENERAL LAWS ARE
INAPPLICABLE.
     (L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, FUNDING FOR
THE COMMISSION SHALL BE AS PROVIDED IN THE STATE BUDGET.
  (2) THE ATTORNEY GENERAL MAY PURSUE FEDERAL GRANTS AND
OTHER FUNDING SOURCES TO SUPPLEMENT STATE APPROPRIATIONS, SUBJECT TO
COMMISSION APPROVAL OF GRANT APPLICATIONS.
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  WES MOORE, Governor  Ch. 607
  (3) THE ATTORNEY GENERAL SHALL ADMINISTER FUNDING FOR THE
COMMISSION, INCLUDING STATE APPROPRIATIONS, FEDERAL GRANTS, AND
PRIVATE DONATIONS DESIGNATED FOR THIS PURPOSE.
      (M)    (1)   ON OR BEFORE DECEMBER 31, 2027, THE COMMISSION SHALL
SUBMIT AN INITIAL REPORT DOCUMENTING THE PROGRESS OF THE INVESTIGATION
AND INCLUDING ANY PRELIMINARY RECOMMENDATIONS TO THE GOVERNOR AND,
IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY.
  (2)ON OR BEFORE DECEMBER 31, 2029, THE COMMISSION SHALL
SUBMIT A FINAL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257
OF THIS ARTICLE, THE GENERAL ASSEMBLY ON:
  (I)    THE    COMPLETE        FINDINGS     OF    THE    COMMISSION’S
RESEARCH;
  (II)       ALL IDENTIFIED INDIVIDUALS AND THE CIRCUMSTANCES
OF THEIR DEATHS;
  (III) HISTORICAL ANALYSIS OF INSTITUTIONAL POLICIES AND
PRACTICES;
  (IV)
  RECOMMENDATIONS FOR ACKNOWLEDGMENT, MEMORIAL,
REBURIAL, REPARATIVE MEASURES, AND POLICY REFORMS; AND
  (V)    AN ACCOUNTING OF THE COMMISSION’S EXPENDITURES.
       SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026. It shall remain effective for a period of 4 years and, at the end of June 30, 2030,
this Act, with no further action required by the General Assembly, shall be abrogated and
of no further force and effect.
Approved by the Governor, May 26, 2026.
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