Maryland 2025 Regular Session

Maryland House Bill HB1011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1011
6	6
7	7	HOUSE BILL 1011
8	8	E5, D3 5lr3138
9	9	CF SB 786
10	10	By: The Speaker (By Request – Office of the Attorney General)
11	11	Introduced and read first time: February 3, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Correctional Services – Private Detention Facilities – Deprivation of Rights, 2
19	19	Privileges, and Immunities 3
20	20
21	21	FOR the purpose of prohibiting a person from depriving an individual in a private detention 4
22	22	facility of certain rights, privileges, or immunities; authorizing the Office of the 5
23	23	Attorney General to investigate a violation of this Act; requiring the Office of the 6
24	24	Attorney General to provide the local governing body of a certain county with certain 7
25	25	information in writing under certain circumstances; authorizing the Office of the 8
26	26	Attorney General to file a civil action against a person for a violation of this Act under 9
27	27	certain circumstances; and generally relating to private detention facilities and the 10
28	28	deprivation of rights, privileges, and immunities. 11
29	29
30	30	BY adding to 12
31	31	Article – Correctional Services 13
32	32	Section 1–202 14
33	33	Annotated Code of Maryland 15
34	34	(2017 Replacement Volume and 2024 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Correctional Services 19
40	40
41	41	1–202. 20
42	42
43	43	(A) IN THIS SECTION, “PRIVATE DETENTION FA CILITY” MEANS A FACILITY 21
44	44	THAT IS OWNED , MANAGED, OR OPERATED , IN WHOLE OR IN PART , BY A PRIVATE 22
45	45	ENTITY UNDER A CONTRACT , AN AGREEMENT , OR A MEMORANDUM OF 23
46	46	UNDERSTANDING WITH A NOTHER PRIVATE ENTIT Y, THE STATE, A POLITICAL 24 2 HOUSE BILL 1011
47	47
48	48
49	49	SUBDIVISION OF THE STATE, OR THE UNITED STATES GOVERNMENT TO HOUSE OR 1
50	50	DETAIN INDIVIDUALS I N RELATION TO A VIOLATION OF STATE OR FEDERAL LA W. 2
51	51
52	52	(B) A PERSON MAY NOT DEPRIVE AN I NDIVIDUAL HOUSED OR DETAINED I N 3
53	53	A PRIVATE DETENTION FACILITY OF ANY RIGHT, PRIVILEGE, OR IMMUNITY SECURED 4
54	54	OR PROTECTED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 5
55	55	CONSTITUTION, THE MARYLAND DECLARATION OF RIGHTS, OR ANY STATE OR 6
56	56	FEDERAL LAW . 7
57	57
58	58	(C) (1) THE OFFICE OF THE ATTORNEY GENERAL MAY INVESTIGA TE 8
59	59	CONDUCT THAT CONSTIT UTES A VIOLATION OF THIS SECTION. 9
60	60
61	61	(2) TO INVESTIGATE A VIOL ATION OF THIS SECTIO N, THE OFFICE OF 10
62	62	THE ATTORNEY GENERAL MAY: 11
63	63
64	64	(I) ISSUE SUBPOENA S; 12
65	65
66	66	(II) ADMINISTER OATHS ; 13
67	67
68	68	(III) COMPEL THE ATTENDANC E AND TESTIMONY OF W ITNESSES; 14
69	69
70	70	(IV) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS, 15
71	71	CONTRACTS, AND OTHER DOCUMENTS ; 16
72	72
73	73	(V) ENTER A PRIVATE DETENTION FACILIT Y AND ANY AREA 17
74	74	WITHIN A PRIVATE DETENTION FA CILITY; AND 18
75	75
76	76	(VI) CONDUCT PRIVATE INTE RVIEWS WITH ANY INDIVIDUAL 19
77	77	DETAINED IN A PRIVAT E DETENTION FACILITY . 20
78	78
79	79	(3) A SUBPOENA ISSUED UNDE R THIS SUBSECTION SHALL BE SERVED 21
80	80	BY: 22
81	81
82	82	(I) CERTIFIED MAIL, RETURN RECEIPT REQUESTED ; 23
83	83
84	84	(II) ANY ADULT WHO IS NOT A PARTY TO THE PROCE EDING; OR 24
85	85
86	86	(III) THE SHERIFF OR DEPUT Y SHERIFF OF THE COU NTY IN 25
87	87	WHICH THE SUBPOENA I S ISSUED. 26
88	88
89	89	(4) IF A PERSON FAILS OR REFUSES TO COMPLY WITH A SUB POENA, 27
90	90	THE OFFICE OF THE ATTORNEY GENERAL MAY APPLY TO A CIRCUIT COURT IN T HE 28
91	91	COUNTY IN WHICH THE SUBPOENA WAS SERVED TO ENFORCE COMPLIANCE . 29 HOUSE BILL 1011 3
92	92
93	93
94	94
95	95	(D) IF THE OFFICE OF THE ATTORNEY GENERAL FINDS THAT A VIOLATION 1
96	96	OF THIS SECTION HAS OCCURRED, THE OFFICE OF THE ATTORNEY GENERAL SHALL 2
97	97	NOTIFY THE LOCAL GOV ERNING BODY OF THE C OUNTY IN WHICH THE V IOLATION 3
98	98	OCCURRED IN WRITING WITH: 4
99	99
100	100	(1) A SUMMARY OF THE ACT IVITY CONSTITUTING T HE VIOLATION; 5
101	101
102	102	(2) IF THE VIOLATION IS ONGOING OR LIKELY TO REOCCUR, THE 6
103	103	REMEDIAL MEASURES NE CESSARY TO CORRECT T HE VIOLATION OR PREV ENT A 7
104	104	RECURRENCE OF THE VIOLATION; AND 8
105	105
106	106	(3) ANY OTHER RELEVANT I NFORMATION . 9
107	107
108	108	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF THE 10
109	109	OFFICE OF THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A 11
110	110	VIOLATION OF THIS SE CTION HAS OCCURRED AND IS LIKELY TO REOCCUR, THE 12
111	111	OFFICE OF THE ATTORNEY GENERAL MAY FILE A CIVIL ACTION TO ENFORCE THIS 13
112	112	SECTION IN THE CIRCUIT COURT FOR ANY COUNTY IN WH ICH THE VIOLATION IS 14
113	113	ALLEGED. 15
114	114
115	115	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
116	116	PARAGRAPH , THE OFFICE OF THE ATTORNEY GENERAL MAY NOT FILE A CIVIL 17
117	117	ACTION TO ENFORCE THIS SECT ION UNLESS THE OFFICE OF THE ATTORNEY 18
118	118	GENERAL HAS: 19
119	119
120	120	1. CONDUCTED AN INVESTI GATION IN ACCORDANCE 20
121	121	WITH SUBSECTION (C) OF THIS SECTION; 21
122	122
123	123	2. PROVIDED NOTICE AT LEAST 30 DAYS BEFORE FILING 22
124	124	THE COMPLAINT TO THE LOCAL GOVERNI NG BODY OF THE COUNT Y WHERE THE 23
125	125	VIOLATION IS ALLEGED TO HAVE O CCURRED IN ACCORDANC E WITH SUBSECTION (D) 24
126	126	OF THIS SECTION; AND 25
127	127
128	128	3. MADE REASONABLE EFFORTS T O: 26
129	129
130	130	A. NOTIFY AN ALLEGED VIOLATOR OF THE VIOLATION ; 27
131	131	AND 28
132	132
133	133	B. GIVE THE ALLEGED V IOLATOR A REASONABLE 29
134	134	AMOUNT OF TIME TO CORRECT THE VIOLATION. 30
135	135	4 HOUSE BILL 1011
136	136
137	137
138	138	(II) THE OFFICE OF THE ATTORNEY GENERAL MAY FILE A CIVIL 1
139	139	ACTION TO ENFORCE THIS SECT ION WITHOUT COMPLYING WITH SUBPA RAGRAPH (I) 2
140	140	OF THIS PARAGRAPH IF THE OFFICE OF THE ATTORNEY GENERAL DETERMINES 3
141	141	THAT A DELAY IN THE CIVIL ACTION WOULD POSE AN IMMINE NT AND SERIOUS 4
142	142	THREAT TO LIFE, HEALTH, OR PUBLIC SAFETY . 5
143	143
144	144	(3) AS PART OF A CIVIL ACTION TO ENFORCE THIS SECT ION, THE 6
145	145	OFFICE OF THE ATTORNEY GENERAL SHALL CERTIFY IN WRITING WHETHER T HE 7
146	146	OFFICE OF THE ATTORNEY GENERAL HAS COMPLIED WITH PARAGRAPH (2) OF THIS 8
147	147	SUBSECTION. 9
148	148
149	149	(4) (I) THE COURT MAY AWARD : 10
150	150
151	151	1. ECONOMIC AND NONECON OMIC DAMAGES TO ANY 11
152	152	PERSON HARMED BY THE VIOLATION OF THIS SE CTION; OR 12
153	153
154	154	2. DAMAGES FOR THE COST OF ENFORCING THIS 13
155	155	SECTION. 14
156	156
157	157	(II) IN ADDITION TO ANY AW ARD OF DAMAGES IMPOSED BY THE 15
158	158	COURT, A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL PENALTY 16
159	159	NOT EXCEEDING $25,000 FOR EACH VIOLATION . 17
160	160
161	161	(III) THE COURT MAY GRANT I NJUNCTIVE RELIEF TO PROHIBIT 18
162	162	A PERSON WHO HAS VIOLATED OR IS VIOLA TING THIS SECTION FROM CO NTINUING 19
163	163	TO VIOLATE THIS SECTION. 20
164	164
165	165	(IV) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE 21
166	166	DAMAGES OR PENALTIES AVAILABLE UNDER ANY OTHER PROVISION OF L AW. 22
167	167
168	168	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
169	169	October 1, 2025. 24