EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0387*
SENATE BILL 387
E5 5lr2627
CF HB 403
By: Senator Folden
Introduced and read first time: January 17, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Transfers to Federal Authorities – Undocumented 2
Immigrants 3
(Protecting Marylanders From Violent Offenders Act of 2025) 4
FOR the purpose of requiring a certain State or local correctional facility, on request of the 5
United States Department of Homeland Security, to transfer a certain 6
undocumented immigrant to the United States Department of Homeland Security 7
under certain circumstances; and generally relating to transfers of incarcerated 8
individuals to federal authorities. 9
BY adding to 10
Article – Correctional Services 11
Section 9–309 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Correctional Services 17
9–309. 18
ON REQUEST OF THE UNITED STATES DEPARTMENT OF HOMELAND 19
SECURITY, A STATE OR LOCAL CORREC TIONAL FACILITY WITH CUSTODY OF AN 20
UNDOCUMENTED IMMIGRA NT WHO IS SERVING A SENTENCE IN THE FACI LITY FOR 21
CONVICTION OF A CRIME SHALL TRA NSFER THE INDIVIDUAL TO THE UNITED 22
STATES DEPARTMENT OF HOMELAND SECURITY IF THE INDIV IDUAL: 23
(1) HAS ENGAGED IN OR IS SUSPECTED OF TERRORI SM OR 24 2 SENATE BILL 387
ESPIONAGE, OR OTHERWISE POSES A DANGER TO NATIONAL S ECURITY; 1
(2) HAS BEEN CONVICTED O F AN OFFENSE OF WHICH AN ELEMENT IS 2
ACTIVE PARTICIPATION IN A CRIMINAL STREET GANG, AS DEFINED IN 18 U.S.C. § 3
521; 4
(3) IS AT LEAST 16 YEARS OLD AND INTENT IONALLY PARTICIPATED 5
IN A CRIMINAL STREET GANG, AS DEFINED IN 18 U.S.C. § 521, TO FURTHER ILLEGAL 6
ACTIVITIES; OR 7
(4) HAS BEEN CONVICTED O F AN AGGRAVATED FELO NY, AS DEFINED 8
IN 8 U.S.C. § 1101. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11