EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0786*
SENATE BILL 786
E5, D3 5lr3241
CF HB 1011
By: The President (By Request – Office of the Attorney General)
Introduced and read first time: January 27, 2025
Assigned to: Judicial Proceedings
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 UND ER A CONTRACT , AN AGREEMENT , OR A MEMORANDUM OF 23
UNDERSTANDING WITH A NOTHER PRIVATE ENTIT Y, THE STATE, A POLITICAL 24 2 SENATE BILL 786
SUBDIVISION OF THE STATE, OR THE UNITED STATES GOVERNMENT TO HOUSE OR 1
DETAIN INDIVIDUALS I N RELATION TO A VIOL ATION OF STATE OR FEDERAL LAW . 2
(B) A PERSON MAY NOT DEPRI VE AN INDIVIDUAL HOU SED OR DETAINED IN 3
A PRIVATE DETENTION FACILITY OF ANY RIGH T, 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 SUBPOENAS ; 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 DETE NTION FACILITY AND A NY AREA 17
WITHIN A PRIVATE DET ENTION FACILITY; AND 18
(VI) CONDUCT PRIVATE INTE RVIEWS WITH ANY INDI VIDUAL 19
DETAINED IN A PRIVAT E DETENTION FACILITY . 20
(3) A SUBPOENA ISSUED UNDE R THIS SUBSECTION SH ALL BE SERVED 21
BY: 22
(I) CERTIFIED MAIL, RETURN RECEIPT REQUE STED; 23
(II) ANY ADULT WHO IS N OT A PARTY TO THE PR OCEEDING; 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 WI TH A SUBPOENA , 27
THE OFFICE OF THE ATTORNEY GENERAL MAY APPLY TO A CIRCUIT COURT IN T HE 28
COUNTY IN WHICH THE SU BPOENA WAS SERVED TO ENFORCE COMPLIANCE . 29 SENATE BILL 786 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 TH E VIOLATION 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 VI OLATION; 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 REASONABL E CAUSE TO BELIEVE T HAT A 11
VIOLATION OF THIS SE CTION HAS OCCURRED A ND IS LIKELY TO REOC CUR, THE 12
OFFICE OF THE ATTORNEY GENERAL MAY FILE A CI VIL ACTION TO ENFORC E THIS 13
SECTION IN THE CIRCU IT COURT FOR ANY COU NTY IN WHICH THE VIO LATION 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 TH IS SECTION UNLESS TH E 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 L EAST 30 DAYS BEFORE FILING 22
THE COMPLAINT TO THE LOCAL GOVERNING BODY OF TH E COUNTY WHERE THE 23
VIOLATION IS ALLEGED TO HAVE OCCURRED IN ACCORDANCE WITH SUBS ECTION (D) 24
OF THIS SECTION; AND 25
3. MADE REASONABLE EFFO RTS TO: 26
A. NOTIFY AN ALLEGED VI OLATOR OF THE VIOLAT ION; 27
AND 28
B. GIVE THE ALLEGED VIO LATOR A REASONABLE 29
AMOUNT OF TIME TO CO RRECT THE VIOLATION . 30
4 SENATE BILL 786
(II) THE OFFICE OF THE ATTORNEY GENERAL MAY FILE A CI VIL 1
ACTION TO ENFORCE TH IS SECTION WITHOUT C OMPLYING WITH SUBPAR AGRAPH (I) 2
OF THIS PARAGRAPH IF THE OFFICE OF THE ATTORNEY GENERAL DETERMINES 3
THAT A DELAY IN THE CIVIL ACTION WOULD P OSE AN IMMINENT AND SERIOUS 4
THREAT TO LIFE, HEALTH, OR PUBLIC SAFETY . 5
(3) AS PART OF A CIVIL AC TION TO ENFORCE THIS SECTION, 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 IMPOS ED BY THE 15
COURT, A PERSON WHO VIOLATE S THIS SECTION IS SU BJECT TO A CIVIL PEN ALTY 16
NOT EXCEEDING $25,000 FOR EACH VIOLATION . 17
(III) THE COURT MAY GRANT I NJUNCTIVE RELIEF TO PROHIBIT 18
A PERSON WHO HAS VIO LATED OR IS VIOLATING TH IS SECTION FROM CONT INUING 19
TO VIOLATE THIS SECT ION. 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