Bill
SB 786
Prohibits depriving detainees in private facilities of constitutionally or statutorily protected rights and gives the Maryland AG authority to investigate and enforce violations.
Status: Introduced Feb 21, 2025; Withdrawn by sponsor (March 3, 2025)
Jurisdiction: Maryland (would add Art. — Correctional Services §1‑202)
Companion bill: HB 1011 (Office of the Attorney General)
Purpose
- To prohibit depriving any person housed or detained in a private detention facility of rights, privileges, or immunities guaranteed by the U.S. Constitution, the Maryland Constitution (including the Maryland Declaration of Rights), or state or federal law.
- To grant the Maryland Office of the Attorney General (OAG) investigatory and enforcement authority to address alleged violations.
Key provisions
- Definition: “Private detention facility” means any facility owned, managed, or operated in whole or in part by a private entity under a contract, agreement, or MOU with another private entity, the State, a political subdivision, or the U.S. government to house or detain individuals for alleged violations of state or federal law.
- Prohibition: A person may not deprive an individual detained in such a facility of constitutionally or statutorily protected rights.
- OAG investigatory powers: The OAG may investigate alleged violations and, in doing so, may:
- Issue subpoenas, administer oaths, compel attendance and testimony, and require production of records, contracts, and documents;
- Enter private detention facilities and any areas within them; and
- Conduct private interviews with detained individuals.
- Subpoena service and enforcement: Subpoenas may be served by certified mail, any adult not party to the proceeding, or the county sheriff/deputy; noncompliance may be enforced by the circuit court.
- Notice and coordination with local government: If OAG finds a violation, it must notify the local governing body (county) in writing with a summary of the conduct, remedial measures (if ongoing/likely to recur), and other relevant information.
- Civil enforcement: If OAG has conducted the required investigation, provided at least 30 days’ prior written notice to the local governing body, and made reasonable efforts to notify an alleged violator and allow correction, OAG may file a civil action in circuit court to enforce the provision. OAG may bypass the notice period if delay would pose an imminent and serious threat to life, health, or public safety.
- Remedies and penalties:
- Courts may award economic and noneconomic damages to those harmed and damages for enforcement costs.
- Courts may grant injunctive relief.
- Civil penalty up to $25,000 per violation.
- The statute would not limit other damages or penalties otherwise available under law.
Fiscal and policy notes
- Fiscal note (OAG): OAG indicated it could implement the bill’s requirements with existing resources; no material statewide fiscal impact anticipated. Local government finances were not expected to be materially affected.
- Policy context noted in analyses: Existing Maryland law enacted in 2021 restricts certain state/local contracts and incentives related to private immigration detention facilities; advocates and the OAG observe that some private detention occurs via direct federal contracts (e.g., ICE), which are not governed by those state prohibitions.
Procedural/timeline highlights
- The bill would have created a new statutory section (Art. — Correctional Services §1‑202).
- Draft included an explicit effective date of October 1, 2025 (if enacted).
- Status: Withdrawn by the sponsor (did not advance to enactment while in this form).
Who would be affected
- Detainees/housed individuals in private detention facilities (protections and potential remedies).
- Private detention facility owners/operators and contractors (new prohibitions, investigatory access, civil liability exposure, and penalties).
- Office of the Attorney General (investigatory and enforcement responsibilities).
- Local governing bodies (notice/coordination role when violations are found).
Limitations/notes
- The bill as drafted focused on protections and OAG enforcement; it did not amend existing prohibitions on state/local financial involvement with private immigration detention in other statutes.
- Because the sponsor withdrew the bill, it did not become law in this session.
Compiled from official sources — confirm details with the bill’s official record.
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