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*hb1017*
HOUSE BILL 1017
E5 EMERGENCY BILL (6lr3609)
ENROLLED BILL
— Government, Labor, and Elections/Judicial Proceedings —
Introduced by Delegate Wells Delegates Wells, Crutchfield, Fair, Kerr, Lehman,
Ruth, Schindler, Solomon, Stewart, Terrasa, and Wu
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Correctional Services – Private Immigration Detention Facilities – Zoning 2
Requirement 3
FOR the purpose of prohibiting the State or a unit of local government from approving the 4
use of a building or, structure, or other real property for use as an immigration a 5
detention facility by a private entity unless certain zoning authority applies ; 6
establishing a certain penalty for a certain violation; authorizing the Attorney 7
General to bring a civil action to enforce this Act; applying this Act retroactively; and 8
generally relating to immigration detention facilities. 9
BY repealing and reenacting, without amendments, 10
Article – Correctional Services 11
Section 1–101(a) and (j) 12
Annotated Code of Maryland 13
2 HOUSE BILL 1017
(2025 Replacement Volume) 1
BY adding to 2
Article – Correctional Services 3
Section 1–103 4
Annotated Code of Maryland 5
(2025 Replacement Volume) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Correctional Services 9
1–101. 10
(a) In this article the following words have the meanings indicated. 11
(j) “Immigration detention facility” means any building, facility, or structure 12
used, in whole or in part, to house or detain individuals for federal civil immigration 13
violations. 14
1–103. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) (I) “DETENTION FACILITY ” MEANS ANY BUILDING , FACILITY, 18
OR STRUCTURE USED , IN WHOLE OR IN PART , TO HOUSE OR DETAIN I NDIVIDUALS 19
FOR CIVIL OR CRIMINAL VIOLATIONS. 20
(II) “DETENTION FACILITY ” INCLUDES AN IMMIGRAT ION 21
DETENTION FACILITY. 22
(III) “DETENTION FACILITY” DOES NOT INCLUDE A FACILITY: 23
1. A. THAT IS A HEALTH CAR E FACILITY LICENSED 24
UNDER TITLE 19 OF THE HEALTH – GENERAL ARTICLE; OR 25
B. THAT IS A RESIDENTIA L CHILD CARE PROGRAM OR 26
CHILD PLACEMENT AGENCY LICENSED UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY 27
LAW ARTICLE; AND 28
2. WHOSE PRIMARY PURPOS E IS TO PROVIDE HEAL TH 29
CARE, TREATMENT, EDUCATION, OR REHABILITATION SERVICES. 30
HOUSE BILL 1017 3
(3) “UNIT OF LOCAL GOVERNM ENT” MEANS A COUNTY, A 1
MUNICIPALITY, OR THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING 2
COMMISSION. 3
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE STATE OR A 4
UNIT OF LOCAL GOVERN MENT MAY NOT APPROVE THE CONSTRUCTION OR 5
OPERATION OF A BUILDING, A STRUCTURE, OR OTHER REAL PROPERTY TO BE USED 6
BY A PRIVATE ENTITY AS A DETENTION FACILITY. 7
(C) A PRIVATE ENTITY MAY N OT OPERATE OR OCCUPY A BUILDING , A 8
STRUCTURE, OR OTHER REAL PROPERTY AS A DETENTION FACILITY. 9
(D) FOR PURPOSES OF THIS SECTION, A BUILDING, A STRUCTURE, OR OTHER 10
REAL PROPERTY SHALL BE CONSIDERED PROPOS ED FOR USE AS A DETE NTION 11
FACILITY, REGARDLESS OF HOW TH E USE IS DESCRIBED I N AN APPLICATION OR 12
PERMIT REQUEST, IF: 13
(1) INDIVIDUALS ARE INTE NDED TO BE HELD IN I NVOLUNTARY 14
CUSTODY AND WILL NOT BE FREE TO LEAVE; OR 15
(2) THE DESIGN , CONSTRUCTION, OR IMPROVEMENTS INCL UDE 16
FEATURES CONSISTENT WITH SECURE OR INVOL UNTARY CONFINEMENT , 17
INCLUDING: 18
(I) PERIMETER SECURITY M EASURES DESIGNED TO PREVENT 19
OCCUPANTS FROM LEAVING; 20
(II) CONTROLLED ACCESS POINTS; OR 21
(III) LOCKED HOLDING AREAS. 22
(E) (1) THE ATTORNEY GENERAL MAY BRING A C IVIL ACTION TO 23
ENFORCE THIS SECTION. 24
(2) THE COURT MAY ISSUE T EMPORARY, PRELIMINARY, OR 25
PERMANENT INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A 26
VIOLATION OF THIS SECTION. 27
(F) A PRIVATE ENTITY THAT OPERATES OR ATTEMPTS TO OPERATE A 28
DETENTION FACILITY I N VIOLATION OF THIS SECTION IS SUBJECT T O A CIVIL 29
PENALTY NOT EXCEEDING $10,000 FOR EACH DAY THE VIOLATION CONTINUES. 30
(G) THE REMEDIES PROVIDED UNDER THIS SECTION ARE IN ADDITION TO 31
ANY OTHER REMEDY AVAILABLE UNDER STATE OR LOCAL LAW. 32
4 HOUSE BILL 1017
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Correctional Services 3
1–103. 4
(A) (1) IN THIS SECTION , THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) (I) “DETENTION FACILITY ” MEANS ANY BUILDING , FACILITY, 7
OR STRUCTURE USED , IN WHOLE OR IN PART , TO HOUSE OR DETAIN I NDIVIDUALS 8
FOR CIVIL OR CRIMINAL VIOLATIONS. 9
(II) “DETENTION FACILITY ” INCLUDES AN IMMIGRAT ION 10
DETENTION FACILITY. 11
(III) “DETENTION FACILITY” DOES NOT INCLUDE A FACILITY: 12
1. A. THAT IS A HEALTH CAR E FACILITY LICENSED 13
UNDER TITLE 19 OF THE HEALTH – GENERAL ARTICLE; OR 14
B. THAT IS A RESIDENTIA L CHILD CARE PROGRAM OR 15
CHILD PLACEMENT AGENCY LICENSED UNDER TITLE 5, SUBTITLE 5 OF THE FAMILY 16
LAW ARTICLE; AND 17
2. WHOSE PRIMARY PURPOS E IS TO PROVIDE HEAL TH 18
CARE, TREATMENT, EDUCATION, OR REHABILITATION SERVICES. 19
(3) “UNIT “UNIT OF LOCAL GOVERNMENT ” MEANS A COUNTY , A 20
MUNICIPALITY, OR THE MARYLAND–NATIONAL CAPITAL PARK AND PLANNING 21
COMMISSION. 22
(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LA W, THE STATE 23
OR A UNIT OF LOCAL GOVERNMENT MAY NOT APPROVE THE USE CONSTRUCTION OR 24
OPERATION OF A BUILDING OR, STRUCTURE, OR OTHER REAL PROPERTY AS FOR AN 25
IMMIGRATION DETENTION FACILITY BY A PRIVATE ENTITY TO BE USED BY A PRIVATE 26
ENTITY AS A DETENTION FACILITY UNLESS THE IMMIGRATION DETENTION FACILITY 27
IS EXPRESSLY INCLUDE D IN THE APPLICABLE ZONING AUTHORITY BUILDING, 28
STRUCTURE, OR OTHER REAL PROPER TY IS LOCATED IN A Z ONE THAT EXPRESSLY 29
AUTHORIZES IMMIGRATION PRIVATE DETENTION FACILITIES. 30
HOUSE BILL 1017 5
(2) A GENERAL ZONING CLASS IFICATION AUTHORIZIN G 1
GOVERNMENT, PUBLIC, OR INSTITUTIONAL USES DOES NOT CONSTITUT E EXPRESS 2
AUTHORIZATION FOR A BUILDING OR, STRUCTURE, OR OTHER REAL PROPERTY TO 3
BE USED AS AN IMMIGRATION A DETENTION FACILITY BY A PRIVATE ENTITY. 4
(3) BEFORE ESTABLISHING A ZONING CLASSIFICATION AUTHORIZING 5
PRIVATE DETENTION FA CILITIES, THE STATE OR A UNIT OF LO CAL GOVERNMENT 6
SHALL: 7
(I) CONSIDER: 8
1. CONSISTENCY WITH ANY COMPREHENSIVE PLAN FOR 9
THE SURROUNDING AREA; 10
2. COMPATIBILITY WITH SURROUNDING LAND USES; AND 11
3. THE ABILITY OF LOCAL INFRASTRUCTURE TO 12
ADEQUATELY SUPPORT A DETENTION FACILITY; 13
(II) PROVIDE NOTICE TO THE PUBLIC OF THE PROPOSED ZONING 14
CLASSIFICATION AT LEAST 120 DAYS BEFORE ENACTING THE CLASSIFICATION; AND 15
(III) SOLICIT AND HEAR PUB LIC COMMENTS ON THE PROPOSED 16
CLASSIFICATION IN AT LEAST TWO SEPARATE MEETINGS OPEN TO THE PUBLIC. 17
(B) (C) A PRIVATE ENTITY MAY N OT OPERATE OR OCCUPY A BUILDING 18
OR, STRUCTURE, OR OTHER REAL PROPER TY AS AN IMMIGRATION A DETENTION 19
FACILITY WITHOUT A USE AND OCCUPANCY AUTHORIZATION OR CHANGE IN USE AND 20
OCCUPANCY APPROVAL CONSISTENT WITH THIS SECTION. 21
(C) (D) FOR PURPOSES OF THIS SECTION, A BUILDING OR, STRUCTURE, 22
OR OTHER REAL PROPER TY SHALL BE CONSIDERED PROPOSED FOR US E AS AN 23
IMMIGRATION A DETENTION FACILITY, REGARDLESS OF HOW THE USE IS DESCRIBED 24
IN AN APPLICATION OR PERMIT REQUEST, IF: 25
(1) INDIVIDUALS ARE INTE NDED TO BE HELD BY A PRIVATE ENTITY 26
FOR ANY STAGE OF PROCESSING FOR A FEDERAL IMMIGRATION VIOLATION; 27
(2) INDIVIDUALS ARE INTE NDED TO BE HELD IN I NVOLUNTARY 28
CUSTODY AND WILL NOT BE FREE TO LEAVE; OR 29
(2) (3) (2) THE DESIGN, CONSTRUCTION, OR IMPROVEMENTS INCLUDE 30
FEATURES CONSISTENT WITH SECURE OR INVOL UNTARY CONFINEMENT , 31
INCLUDING: 32
6 HOUSE BILL 1017
(I) PERIMETER SECURITY MEASURES DESIGNED TO PREVENT 1
OCCUPANTS FROM LEAVING; 2
(II) CONTROLLED ACCESS POINTS; OR 3
(III) LOCKED HOLDING AREAS. 4
(D) (E) (1) THE ATTORNEY GENERAL MAY BRING A C IVIL ACTION TO 5
ENFORCE THIS SECTION. 6
(2) THE COURT MAY ISSUE T EMPORARY, PRELIMINARY, OR 7
PERMANENT INJUNCTIVE RELIEF TO PREVENT AN ACT THAT WOULD CONSTITUTE A 8
VIOLATION OF THIS SECTION. 9
(E) (F) A PRIVATE ENTITY THAT OPERATES OR ATTEMPTS TO OPERATE 10
AN IMMIGRATION A DETENTION FACILITY I N VIOLATION OF THIS SECTION IS 11
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING $10,000 FOR EACH DAY THE 12
VIOLATION CONTINUES. 13
(F) (G) THE REMEDIES PROVIDED UNDER THIS SECTION A RE IN 14
ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER STATE OR LOCAL LAW. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be applied 16
retroactively to any agreement between the State or a unit of local government and a 17
private entity entered into before the effective date of this Act for the use of any building 18
or structure, structure, or other real property if that building or s tructure, structure, or 19
other real property is intended to be used as an immigration detention facility, regardless 20
of any permits issued or investment made by the private entity toward construction or 21
renovation of the building or, structure, or other real property. 22
SECTION 3. AND BE IT FURTHER ENACTED, That: 23
(a) Section 2 of this Act is contingent on any provision of § 1 –103 of the 24
Correctional Services Article, as enacted by Section 1 of this Act, being rendered 25
unenforceable by a State or federal cou rt as to any party in any litigation challenging the 26
validity of § 1–103 of the Correctional Services Article. 27
(b) As soon as practicable after the contingency described in subsection (a) of this 28
section occurring, but no later than 5 days after, the Off ice of the Attorney General shall 29
promptly notify the Department of Legislative Services. 30
(c) If notice of the contingency described in subsection (a) of this section is received 31
by the Department of Legislative Services on or before December 31, 2029, S ection 2 of this 32
HOUSE BILL 1017 7
Act shall take effect on the date the notice is received by the Department of Legislative 1
Services in accordance with subsection (b) of this section. 2
(d) If notice of the receipt of the contingency described in subsection (a) of this 3
section is not received by the Department of Legislative Services on or before December 31, 4
2029, Section 2 of this Act, with no further action required by the General Assembly, shall 5
be null and void. 6
SECTION 3. 4. AND BE IT FURTHER ENACTED, That , excep t as provided in 7
Section 3 of this Act, this Act is an emergency measure, is necessary for the immediate 8
preservation of the public health or safety, has been passed by a yea and nay vote supported 9
by three –fifths of all the members elected to each of the two Houses of the General 10
Assembly, and shall take effect from the date it is enacted. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.