Patuxent Institution

History

Patuxent Institution opened in 1955 to ensure public safety through the treatment of individuals designated by the courts as “Defective Delinquency,” Article 31B statute of the Annotated Code of Maryland. A “defective delinquent” was a criminal offender who demonstrated persistent antisocial or criminal behavior and was considered a danger to society. “Defective delinquents” were committed involuntarily to Patuxent Institution under an indeterminate sentence and required confinement with treatment.

To achieve its mission, the enabling legislation specified that the institution's chief administrator was to be a psychiatrist, with two associate directors who are psychiatrists, along with a clinical staff of psychiatrists, psychologists, and social workers. This is in sharp contrast to the typical correctional facility comprised of a warden, associate wardens, and correctional officers. Patuxent was charged with its own admission, inmate review, and paroling authority separate from the Maryland Division of Corrections. An inmate would be released only when the Institutional Board of Review and Parole determined the release was for the inmate's benefit and the benefit of society.

Patuxent became the most sued correctional facility in the U.S. due to its treatment of defective delinquency and the practices of involuntary referral and indeterminate sentencing. As a result, the 1951 enabling legislation was revised in 1977, and the “defective delinquent” definition was abolished. Offenders were no longer committed to the institution involuntarily under an indeterminate sentence, and the institution's mission was redefined by creating the Eligible Person (EP) program. EP focused on specialized treatment services for rehabilitation of chronic offenders. Although it initially served only male inmates, in 1987 the rehabilitation program was expanded to include women in Patuxent as well. In July 1990, the Patuxent Institution Building for Women was completed, and female inmates were transferred from various institutions to Patuxent Institution.

During 1988, two inmates with violent histories, including rape and murder, were released from the institution without consultation from the prosecuting court. In response, the Maryland General Assembly mandated an evaluation of the Patuxent Institution that ultimately led to a redefinition of the institution's mission. Since 1994, the facility has pursued a policy of remediation in which programs identify an inmate's deficits and then tailor treatments specific to his or her needs.

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