EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1011*
HOUSE BILL 1011
E5, D3 5lr3138
CF SB 786
By: The Speaker (By Request – Office of the Attorney General)
Introduced and read first time: February 3, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Private Detention Facilities – Deprivation of Rights, 2
Privileges, and Immunities 3
FOR the purpose of prohibiting a person from depriving an individual in a private detention 4
facility of certain rights, privileges, or immunities; authorizing the Office of the 5
Attorney General to investigate a violation of this Act; requiring the Office of the 6
Attorney General to provide the local governing body of a certain county with certain 7
information in writing under certain circumstances; authorizing the Office of the 8
Attorney General to file a civil action against a person for a violation of this Act under 9
certain circumstances; and generally relating to private detention facilities and the 10
deprivation of rights, privileges, and immunities. 11
BY adding to 12
Article – Correctional Services 13
Section 1–202 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Correctional Services 19
1–202. 20
(A) IN THIS SECTION, “PRIVATE DETENTION FA CILITY” MEANS A FACILITY 21
THAT IS OWNED , MANAGED, OR OPERATED , IN WHOLE OR IN PART , BY A PRIVATE 22
ENTITY UNDER A CONTRACT , AN AGREEMENT , OR A MEMORANDUM OF 23
UNDERSTANDING WITH A NOTHER PRIVATE ENTIT Y, THE STATE, A POLITICAL 24 2 HOUSE BILL 1011
SUBDIVISION OF THE STATE, OR THE UNITED STATES GOVERNMENT TO HOUSE OR 1
DETAIN INDIVIDUALS I N RELATION TO A VIOLATION OF STATE OR FEDERAL LA W. 2
(B) A PERSON MAY NOT DEPRIVE AN I NDIVIDUAL HOUSED OR DETAINED I N 3
A PRIVATE DETENTION FACILITY OF ANY RIGHT, PRIVILEGE, OR IMMUNITY SECURED 4
OR PROTECTED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 5
CONSTITUTION, THE MARYLAND DECLARATION OF RIGHTS, OR ANY STATE OR 6
FEDERAL LAW . 7
(C) (1) THE OFFICE OF THE ATTORNEY GENERAL MAY INVESTIGA TE 8
CONDUCT THAT CONSTIT UTES A VIOLATION OF THIS SECTION. 9
(2) TO INVESTIGATE A VIOL ATION OF THIS SECTIO N, THE OFFICE OF 10
THE ATTORNEY GENERAL MAY: 11
(I) ISSUE SUBPOENA S; 12
(II) ADMINISTER OATHS ; 13
(III) COMPEL THE ATTENDANC E AND TESTIMONY OF W ITNESSES; 14
(IV) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS, 15
CONTRACTS, AND OTHER DOCUMENTS ; 16
(V) ENTER A PRIVATE DETENTION FACILIT Y AND ANY AREA 17
WITHIN A PRIVATE DETENTION FA CILITY; AND 18
(VI) CONDUCT PRIVATE INTE RVIEWS WITH ANY INDIVIDUAL 19
DETAINED IN A PRIVAT E DETENTION FACILITY . 20
(3) A SUBPOENA ISSUED UNDE R THIS SUBSECTION SHALL BE SERVED 21
BY: 22
(I) CERTIFIED MAIL, RETURN RECEIPT REQUESTED ; 23
(II) ANY ADULT WHO IS NOT A PARTY TO THE PROCE EDING; OR 24
(III) THE SHERIFF OR DEPUT Y SHERIFF OF THE COU NTY IN 25
WHICH THE SUBPOENA I S ISSUED. 26
(4) IF A PERSON FAILS OR REFUSES TO COMPLY WITH A SUB POENA, 27
THE OFFICE OF THE ATTORNEY GENERAL MAY APPLY TO A CIRCUIT COURT IN T HE 28
COUNTY IN WHICH THE SUBPOENA WAS SERVED TO ENFORCE COMPLIANCE . 29 HOUSE BILL 1011 3
(D) IF THE OFFICE OF THE ATTORNEY GENERAL FINDS THAT A VIOLATION 1
OF THIS SECTION HAS OCCURRED, THE OFFICE OF THE ATTORNEY GENERAL SHALL 2
NOTIFY THE LOCAL GOV ERNING BODY OF THE C OUNTY IN WHICH THE V IOLATION 3
OCCURRED IN WRITING WITH: 4
(1) A SUMMARY OF THE ACT IVITY CONSTITUTING T HE VIOLATION; 5
(2) IF THE VIOLATION IS ONGOING OR LIKELY TO REOCCUR, THE 6
REMEDIAL MEASURES NE CESSARY TO CORRECT T HE VIOLATION OR PREV ENT A 7
RECURRENCE OF THE VIOLATION; AND 8
(3) ANY OTHER RELEVANT I NFORMATION . 9
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF THE 10
OFFICE OF THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A 11
VIOLATION OF THIS SE CTION HAS OCCURRED AND IS LIKELY TO REOCCUR, THE 12
OFFICE OF THE ATTORNEY GENERAL MAY FILE A CIVIL ACTION TO ENFORCE THIS 13
SECTION IN THE CIRCUIT COURT FOR ANY COUNTY IN WH ICH THE VIOLATION IS 14
ALLEGED. 15
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
PARAGRAPH , THE OFFICE OF THE ATTORNEY GENERAL MAY NOT FILE A CIVIL 17
ACTION TO ENFORCE THIS SECT ION UNLESS THE OFFICE OF THE ATTORNEY 18
GENERAL HAS: 19
1. CONDUCTED AN INVESTI GATION IN ACCORDANCE 20
WITH SUBSECTION (C) OF THIS SECTION; 21
2. PROVIDED NOTICE AT LEAST 30 DAYS BEFORE FILING 22
THE COMPLAINT TO THE LOCAL GOVERNI NG BODY OF THE COUNT Y WHERE THE 23
VIOLATION IS ALLEGED TO HAVE O CCURRED IN ACCORDANC E WITH SUBSECTION (D) 24
OF THIS SECTION; AND 25
3. MADE REASONABLE EFFORTS T O: 26
A. NOTIFY AN ALLEGED VIOLATOR OF THE VIOLATION ; 27
AND 28
B. GIVE THE ALLEGED V IOLATOR A REASONABLE 29
AMOUNT OF TIME TO CORRECT THE VIOLATION. 30
4 HOUSE BILL 1011
(II) THE OFFICE OF THE ATTORNEY GENERAL MAY FILE A CIVIL 1
ACTION TO ENFORCE THIS SECT ION WITHOUT COMPLYING WITH SUBPA RAGRAPH (I) 2
OF THIS PARAGRAPH IF THE OFFICE OF THE ATTORNEY GENERAL DETERMINES 3
THAT A DELAY IN THE CIVIL ACTION WOULD POSE AN IMMINE NT AND SERIOUS 4
THREAT TO LIFE, HEALTH, OR PUBLIC SAFETY . 5
(3) AS PART OF A CIVIL ACTION TO ENFORCE THIS SECT ION, THE 6
OFFICE OF THE ATTORNEY GENERAL SHALL CERTIFY IN WRITING WHETHER T HE 7
OFFICE OF THE ATTORNEY GENERAL HAS COMPLIED WITH PARAGRAPH (2) OF THIS 8
SUBSECTION. 9
(4) (I) THE COURT MAY AWARD : 10
1. ECONOMIC AND NONECON OMIC DAMAGES TO ANY 11
PERSON HARMED BY THE VIOLATION OF THIS SE CTION; OR 12
2. DAMAGES FOR THE COST OF ENFORCING THIS 13
SECTION. 14
(II) IN ADDITION TO ANY AW ARD OF DAMAGES IMPOSED BY THE 15
COURT, A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL PENALTY 16
NOT EXCEEDING $25,000 FOR EACH VIOLATION . 17
(III) THE COURT MAY GRANT I NJUNCTIVE RELIEF TO PROHIBIT 18
A PERSON WHO HAS VIOLATED OR IS VIOLA TING THIS SECTION FROM CO NTINUING 19
TO VIOLATE THIS SECTION. 20
(IV) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T THE 21
DAMAGES OR PENALTIES AVAILABLE UNDER ANY OTHER PROVISION OF L AW. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24