Correctional Services - Correctional Facilities and Immigration Detention Facilities - Minimum Mandatory Standards

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1018*

HOUSE BILL 1018
E5 EMERGENCY BILL 6lr1752
CF SB 985
By: Delegate Stewart Delegates Stewart, Crutchfield, Fair, Lehman, Ruth,
Schindler, Solomon, Terrasa, and Wu
Introduced and read first time: February 6, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 19, 2026

CHAPTER ______

AN ACT concerning 1

Correctional Services – Correctional Facilities and Immigration Detention 2
Facilities – Minimum Mandatory Standards 3

FOR the purpose of requiring the Secretary of Public Safety and Correctional Services to 4
adopt regulations establishing certain minimum mandatory standards governing the 5
care, custody, and conditions of civil detainees in immigration detention facilities; 6
altering certain duties of and prohibitions on the actions of the Maryland 7
Commission on Correctional Standards relating to correctional facilities and 8
immigration detention facilities, including reporting requirements, receiving and 9
reviewing reported violations of minimum mandatory standards, submitting an 10
annual certification to the Commission related to utilities, occupancy standards, and 11
emergency preparedness, and inspecting facilities; requiring certain health care 12
practitioners and security guards persons to report certain violations and security 13
breaches to the Commission or the Office of the Inspector General ; requiring a 14
regulating body to take appropriate disciplinary action if a health care practitioner 15
or a security guard fails certain persons fail to report a certain violation; applying 16
certain compliance, audit, and enforcement provisions to immigration detention 17
facilities; authorizing the Attorney General to bring a certain action against a private 18
entity that owns, manages, or operates a correctional facility or an immigration 19
detention facility for certain violations; authorizing requiring the Commission to 20
cease operation of a correctional facility or an immigration detention facility that is 21
life–threatening or health –endangering; requiring a certain State, local governing 22
body, or federal entity to pay the expense incurred by transferring certain 23
individuals from a clos ed facility; authorizing the Commission to establish an 24
2 HOUSE BILL 1018

advisory board on immigration detention facilities; and generally relating to State 1
oversight of correctional facilities and immigration detention facilities. 2

BY repealing and reenacting, without amendments, 3
Article – Correctional Services 4
Section 1–101(a), (d), (j) through (l), and (q) and 8–106 5
Annotated Code of Maryland 6
(2025 Replacement Volume) 7

BY repealing and reenacting, with amendments, 8
Article – Correctional Services 9
Section 8–101 through 8–103, 8–105, 8–110, and 8–112 through 8–116 10
Annotated Code of Maryland 11
(2025 Replacement Volume) 12

BY adding to 13
Article – Correctional Services 14
Section 8–111.1, 8–111.2, and 8–114.1 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Correctional Services 20

1–101. 21

(a) In this article the following words have the meanings indicated. 22

(d) “Correctional facility” means a facility that is operated for the purpose of 23
detaining or confining adults who are charged with or found guilty of a crime. 24

(j) “Immigration detention facility” means any building, facility, or structure 25
used, in whole or in part, to house or detain individuals f or federal civil immigration 26
violations. 27

(k) “Incarcerated individual” means an individual who is actually or 28
constructively detained or confined in a correctional facility. 29

(l) “Local correctional facility” means a correctional facility that is operated: 30

(1) by one or more counties; or 31

(2) by a municipal corporation. 32

HOUSE BILL 1018 3

(q) (1) “State correctional facility” means a correctional facility that is 1
operated by the State. 2

(2) “State correctional facility” includes: 3

(i) the Patuxent Institution; 4

(ii) the Baltimore City Detention Center; and 5

(iii) the centralized booking facility in Baltimore City that is operated 6
by the Division of Pretrial Detention and Services in the Department of Public Safety and 7
Correctional Services. 8

8–101. 9

(a) In this subtitle the following words have the meanings indicated. 10

(b) “Approved standards” means the standards described in § 8 –103(b) of this 11
subtitle. 12

(C) “BREACH OF THE SECURITY OF A SYSTEM” MEANS THE UNAUTHORIZED 13
ACQUISITION OF COMPU TERIZED DATA THA T COMPROMISES THE SE CURITY, 14
CONFIDENTIALITY, OR INTEGRITY OF PERS ONAL IDENTIFYING INF ORMATION 15
MAINTAINED IN THE SYSTEM. 16

(D) “CIVIL DETAINEE ” MEANS AN INDIVIDUAL WHO IS ACTUALLY OR 17
CONSTRUCTIVELY DETAI NED OR CONFINED IN A N IMMIGRATION DETENT ION 18
FACILITY. 19

[(c)] (E) “Commission” means the Maryland Commission on Correctional 20
Standards. 21

(F) “LICENSED HEALTH CARE PRACTITIONER” MEANS AN INDIVIDUAL 22
LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED TO PRACTICE A HE ALTH 23
OCCUPATION UNDER THE HEALTH OCCUPATIONS ARTICLE. 24

[(d)] (G) “Minimum mandatory standards” means the standards described in § 25
8–103(a) of this subtitle. 26

(H) “PERSONAL IDENTIFYING INFORMATION” HAS THE MEANING STATED IN 27
§ 8–301 OF THE CRIMINAL LAW ARTICLE. 28

8–102. 29

The General Assembly finds that there is a need to improve the method of: 30

4 HOUSE BILL 1018

(1) establishing standards for correctional facilities, IMMIGRATION 1
DETENTION FACILITIES, and programs [and of]; AND 2

(2) ensuring compliance with these standards to better protect the health, 3
safety, and welfare of the public by reducing incidents of crime. 4

8–103. 5

(a) (1) With the advice of the Commission, the Secretary shall adopt 6
regulations that establish minimum mandatory standards applicable to: 7

(I) security and CONTROL OF incarcerated [individual control, 8
incarcerated individual] INDIVIDUALS AND CIVIL DETAINEES; 9

(II) safety[, incarcerated individual ] OF INCARCERATED 10
INDIVIDUALS AND CIVIL DETAINEES, INCLUDING LIFE AND FIRE SAFETY; 11

(III) food services [, incarcerated individual ] FOR INCAR CERATED 12
INDIVIDUALS AND CIVIL DETAINEES; 13

(IV) housing and sanitation [, incarcerated ] FOR INCARCERATED 14
INDIVIDUALS AND CIVI L DETAINEES , INCLUDING MAXIMUM OC CUPANCY 15
RESTRICTIONS; 16

(V) individual rights [, classification, hearings, ] AND HEARINGS 17
FOR INCARCERATED INDIVIDUALS AND CIVIL DETAINEES; 18

(VI) CLASSIFICATION, victim notification, AND restitution, AS 19
APPLICABLE TO INCARCERATED INDIVIDUALS AND CIVIL DETAINEES; and 20

(VII) administrative record keeping FOR INCARCERATED 21
INDIVIDUALS AND CIVIL DETAINEES. 22

(2) The minimum mandatory standards adopted under paragraph (1) of 23
this subsection shall apply to all State and local correctional facilities AND IMMIGRATION 24
DETENTION FACILITIES LOCATED IN THE STATE. 25

(b) (1) With the advice of the Commission, the Secretary shall adopt 26
regulations that establish approved standards applicable to personnel, training, 27
administration, management, planning and coordination, research and evaluation, 28
physical plant, special management incarcerated individuals, rules and discipline, mail and 29
visiting, reception and orientation, property control, work programs, educational and 30
vocational training, library services, religious services, recreational activities, counseling, 31
release preparation, and volunteers. 32

HOUSE BILL 1018 5

(2) The approved standards adopted under paragraph (1) of this 1
subsection: 2

(i) shall apply to all State correctional facilities; and 3

(ii) may be adopted, as a whole or in part, by a local correctional 4
facility. 5

(c) The standards adopted under this section shall be consistent with federal and 6
State law. 7

8–105. 8

The standards adopted under § 8 –103 of this subtitle shall be enforced as provided 9
under §§ 8–112 through [8–114] 8–114.1 of this subtitle. 10

8–106. 11

There is a Maryland Commission on Correctional Standards in the Department. 12

8–110. 13

(a) (1) The Commission shall report annually to the Governor and, subject to 14
§ 2–1257 of the State Government Article, to the General Assembly on the activities of the 15
Commission. 16

(2) THE ANNUAL REPORT REQUIRED UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION SHALL INCLUDE: 18

(I) A DETAILED ANALYSIS OF COMPLIANCE ISSUES AT 19
CORRECTIONAL FACILITIES AND IMMIGRATION DETENTION FACILITIES; AND 20

(II) RECOMMENDATIONS TO A DDRESS COMPLIANCE ISSUES 21
IDENTIFIED UNDER ITEM (I) OF THIS PARAGRAPH. 22

(3) THE REPORT PROVIDED UNDER THIS SECTION MAY NOT DISCLOSE 23
PERSONAL IDENTIFYING INFORMATION OF AN IN CARCERATED INDIVIDUAL OR A 24
CIVIL DETAINEE. 25

(b) The Commission shall provide the Secreta ry and the governing body of each 26
county and municipal corporation that has a correctional facility OR AN IMMIGRATION 27
DETENTION FACILITY with a copy of its annual report. 28

8–111.1. 29

6 HOUSE BILL 1018

(A) (1) ANY PERSON MAY REPORT A VIOLATION OF THE M INIMUM 1
MANDATORY STANDA RDS BY A CORRECTIONA L FACILITY OR AN IMM IGRATION 2
DETENTION FACILITY TO THE COMMISSION. 3

(2) THE COMMISSION SHALL ESTABLISH A STANDARDIZED PROCESS 4
FOR THE REPORTING , RECEIPT, AND TIMELY REVIEW OF REPORTED VIOLATIONS 5
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 6

(3) (I) THE DEPARTMENT SHALL PROVIDE AND MAINTAIN A L INK 7
ON THE COMMISSION’S WEBSITE FOR THE PUBLIC TO REPORT A VIOLATION. 8

(II) THE LINK PROVIDED UND ER SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH SHALL ALLOW A VIOLATION TO BE REPORTED ANONYMOUSLY. 10

(4) THE COMMISSION AND THE DEPARTMENT SHALL MAINTAIN THE 11
CONFIDENTIALITY OF A NY PERSONAL IDENTIFY ING INFORMATION OF A N 12
INCARCERATED INDIVIDUAL OR A CIVIL DETAINEE THAT IS PROVIDED IN A REPORT. 13

(5) AFTER COMPLETING REVIEW OF A VIOLATION REPORTED UNDER 14
THIS SUBSECTION, THE COMMISSION MAY: 15

(I) INSPECT THE CORRECTI ONAL FACILITY OR THE 16
IMMIGRATION DETENTIO N FACILITY IN ACCORD ANCE WITH § 8–113 OF THIS 17
SUBTITLE; 18

(II) SEND A COMPLIANCE PL AN TO THE CORRECTION AL 19
FACILITY OR THE IMMI GRATION DETENTION FA CILITY IN ACCORDANCE WITH § 20
8–114 OF THIS SUBTITLE; 21

(III) DETERMINE THAT THE FACILITY IS LIFE–THREATENING OR 22
HEALTH–ENDANGERING AND ORDER THE IMMEDIATE CESSATION OF OPERATION OF 23
THE CORRECTIONAL FAC ILITY OR THE IMMIGRA TION DETENTION FACIL ITY IN 24
ACCORDANCE WITH § 8–115 OF THIS SUBTITLE; OR 25

(IV) REFER THE VIOLATION TO THE OFFICE OF THE INSPECTOR 26
GENERAL FOR FURTHER INVESTIGATION; OR 27

(V) TAKE ANY OTHER ACTIO N NECESSARY TO PROTECT THE 28
HEALTH AND SAFETY OF INCARCERATED INDIVIDUALS OR CIVIL DETAINEES. 29

(B) (1) THIS SUBSECTION APPLI ES TO AN INDIVIDUAL WHO PROVIDES 30
SERVICES TO A CORREC TIONAL FACILITY OR A N IMMIGRATION DETENT ION 31
FACILITY IN THE INDIVIDUAL’S CAPACITY AS: 32
HOUSE BILL 1018 7

(I) A LICENSED HEALTH CARE PRACTITIONER; OR 1

(II) A SECURITY GUARD CERTIFIED UNDER TITLE 19, SUBTITLE 2
4 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; 3

(III) AN EMERGENCY MEDICAL TECHNICIAN LICENSED UNDER 4
TITLE 13, SUBTITLE 5 OF THE EDUCATION ARTICLE; OR 5

(IV) A PRIVATE CUSTODIAL TRANSPORTATION SERVICE. 6

(2) AN INDIVIDUAL SUBJECT TO THIS SUBSECTION SHALL REPORT TO 7
THE COMMISSION: 8

(I) A VIOLATION OF THE M INIMUM MANDATORY STA NDARDS 9
THAT THE INDIVIDUAL HAS REASON TO BELIEV E HAS BEEN COMMITTED BY A 10
CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY; AND 11

(II) A KNOWN BREACH OF TH E SECURITY OF A SYST EM OF A 12
CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY. 13

(3) IF THE REGULATING BOD Y FOR A LICENSED HEA LTH CAR E 14
PRACTITIONER OR, A CERTIFIED SECURITY GUARD, AN EMERGENCY MEDICAL 15
TECHNICIAN, OR A PRIVATE CUSTODI AL TRANSPORTATION SE RVICE DETERMINES 16
THAT AN INDIVIDUAL H AS FAILED TO SUBMIT A REPORT IN VIOLATIO N OF 17
PARAGRAPH (2) OF THIS SUBSECTION , THE LICENSING BODY S HALL TAKE 18
APPROPRIATE DISCIPLINARY ACTION. 19

(C) A CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY 20
MAY NOT RETALIATE AG AINST AN EMPLOYEE FO R SUBMITTING, IN GOOD FAITH , A 21
REPORT OF A VIOLATION UNDER THIS SECTION. 22

8–111.2. 23

(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR BEFORE 24
JULY 1, 2026, AND EACH JULY 1 THEREAFTER, EACH CORRECTIONAL FACILITY AND 25
IMMIGRATION DETENTION FACILITY IN THE STATE SHALL SUBMIT A CERTIFICATION 26
TO THE COMMISSION THAT THE FACILITY: 27

(I) HAS ADEQUATE AND REL IABLE UTILITIES THAT COMPLY 28
WITH STATE AND LOCAL LAWS AND REGULATIONS, INCLUDING POTABLE WA TER, 29
SEWER, AND ELECTRICITY; 30

8 HOUSE BILL 1018

(II) HAS FUNCTIONAL HEATI NG, VENTILATION, AND AIR 1
CONDITIONING; MAINTAINS UTILITY COORDINATION FOR POTABLE WATER, SEWER, 2
AND ELECTRICITY SERVICES; 3

(III) MAINTAINS AN EMERGEN CY POWER SYSTEM TO E NSURE 4
THE SAFE OPERATION O F THE FACILITY IN TH E EVENT OF A DISRUPT ION IN 5
ELECTRICAL POWER; AND 6

(IV) MAINTAINS AN EMERGEN CY OPERATIONS PLAN T O 7
RESPOND TO UTILITY D ISRUPTIONS, A BREA CH OF THE SECURITY O F A SYSTEM , 8
FIRES, AND MEDICAL EMERGENCIES; 9

(V) HAS COORDINATION PRO TOCOLS WITH LOCAL FI RE 10
DEPARTMENTS AND EMERGENCY MEDICAL SERVICES, EMERGENCY MANAGEMENT, 11
AND LOCAL HOSPITALS; 12

(VI) OPERATES WITHIN THE OCCUPANCY STANDARD 13
ESTABLISHED UNDER THE MINIMUM MANDATORY STANDARDS; AND 14

(VII) OPERATES WITHIN THE CAPACITY OF AVAILABLE UTILITIES 15
AND EMERGENCY SYSTEMS. 16

(2) (I) A SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, A 17
FACILITY SHALL SUBMIT A AN UNREDACTED COPY OF THE EMERGENCY OPERATIONS 18
PLAN UNDER PARAGRAPH (1)(IV) OF THIS SUBSECTION W ITH THE CERTIFICATION 19
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 20

(II) A FACILITY MAY REDACT SENSITIVE SECURITY A ND 21
INTELLIGENCE INFORMATION TO MAINTAIN INTERNAL SECURITY PROCEDURES AND 22
INVESTIGATIONS. 23

(III) A FACILITY MAY PROVIDE A REDACTED COPY OF T HE 24
EMERGENCY OPERATION PLAN TO THE PUBLIC. 25

(IV) THE EMERGENCY OPERATIONS PLAN SHALL BE RE VIEWED 26
AND UPDATED BY THE FACILITY AT LEAST ANNUALLY. 27

(3) THE FACILITY SHALL INCLUDE SUFFICIENT DOCUMENTATION TO 28
SUPPORT THE BASIS FO R THE CERTIFICATION AND PROMPTLY RESPOND TO 29
REQUESTS FOR ADDITIONAL INFORMATION FROM THE COMMISSION. 30

(B) IF A CORRECTIONAL FAC ILITY OR AN IMMIGRAT ION DETENTION 31
FACILITY HAS A MATER IAL CHANGE IN OPER ATIONS OR A MATERIAL INCREASE IN 32
HOUSE BILL 1018 9

OCCUPANCY, THE FACILITY SHALL S UBMIT AN UPDATED CER TIFICATION TO THE 1
COMMISSION WITHIN 30 DAYS OF THE CHANGE. 2

(C) IF A CORRECTIONAL FAC ILITY OR AN IMMIGRAT ION DETENTION 3
FACILITY FAILS TO SUBMIT THE CERTIFICATION OR SUPPORTING DOCUMENTATION 4
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL: 5

(1) DETERMINE THAT THE F ACILITY IS LIFE –THREATENING OR 6
HEALTH–ENDANGERING AND ORDER THE IMMEDIATE CESSATION OF OPERATION OF 7
THE CORRECTIONAL FAC ILITY OR THE IMMIGRA TION DETENTION FACIL ITY IN 8
ACCORDANCE WITH § 8–115 OF THIS SUBTITLE; OR 9

(2) TAKE ANY OTHER ACTIO N NECESSARY TO PROTECT THE HEALTH 10
AND SAFETY OF INCARCERATED INDIVIDUALS OR CIVIL DETAINEES. 11

8–112. 12

(a) (1) The Commission shall: 13

(i) advise the Secretary regarding all: 14

1. minimum mandatory standards FOR STATE AND LOCAL 15
CORRECTIONAL FACILITIES AND IMMIGRATION DETENTION FACILITIES LOCATED IN 16
THE STATE; and 17

2. approved standards for State and local correctional 18
facilities; 19

(ii) consult and coordinate with national bodies promulgating 20
[correctional] standards FOR CORRECTIONAL FAC ILITIES AND IMMIGRAT ION 21
DETENTION FACILITIES to provide reasonable compatibility between the State standards 22
and nationally established standards; and 23

(iii) consult and cooperate with other units of the State and local 24
jurisdictions concerning [correctional] standards FOR CORRECTIONAL FACILITIES AND 25
IMMIGRATION DETENTION FACILITIES. 26

(2) The Commission may provide technical assistance to the extent 27
authorized in the State budget to aid the State and local jurisdictions in their efforts to 28
comply with minimum mandatory standards and approved standards. 29

(b) The Commission shall adopt regulations to carry out this subtitle. 30

(c) The Commission shall employ a staff necessary to carry out this subtitle as 31
provided in the State budget. 32
10 HOUSE BILL 1018

8–113. 1

(a) The Commission shall: 2

(1) establish and implement a process to inspect State and local 3
correctional facilities AND IMMIGRATION DETE NTION FACILITIES LOC ATED IN THE 4
STATE to determine and certify compliance with applicable standards; and 5

(2) determine deadlines for remedial action and reinspection whenever 6
inspection reports indicate noncompliance with applicable standards. 7

(b) The Commission may review and act on appeals from staff inspection reports. 8

(C) THE COMMISSION MAY CONDUC T AN INSPECTION IN C ONJUNCTION 9
WITH AN APPROPRIATE UNIT OF STATE OR LOCAL GOVERN MENT, SUCH AS THE 10
STATE FIRE MARSHAL OR THE MARYLAND DEPARTMENT OF HEALTH. 11

(D) (1) THE MANAGING OFFIC IAL OR EMPLOYEES OF A CORRECTIONAL 12
FACILITY OR THE OWNE R, OPERATOR, MANAGER, OR EMPLOYEES OF AN 13
IMMIGRATION DETENTION FACILITY MAY NOT RESTRICT, PREVENT, OR OTHERWISE 14
IMPEDE AN INSPECTION FROM BEING CONDUCTED IN ACCORDANCE WITH T HIS 15
SUBTITLE. 16

(2) IF ANY INDIVIDUAL VIOLATES PARAGRAPH (1) OF THIS 17
SUBSECTION, THE COMMISSION SHALL ORDE R THE IMMEDIATE CESS ATION OF 18
OPERATION OF THE APP LICABLE CORRECTIONAL FACILITY OR IMMIGRAT ION 19
DETENTION FACILITY. 20

8–114. 21

(a) (1) If the Commission determines that a correct ional facility OR AN 22
IMMIGRATION DETENTIO N FACILITY is in violation of the minimum mandatory 23
standards, the Commission shall send a compliance plan to the [correctional] facility. 24

(2) The compliance plan shall state: 25

(i) which minimum mandatory standards the [correctional] facility 26
has violated; 27

(ii) the time, to be determined by the Commission, that the 28
[correctional] facility has to address the violations; and 29

HOUSE BILL 1018 11

(iii) the date that the Commission shall reinspect the [correctional] 1
facility to determine if the [correctional] facility has complied with the minimum 2
mandatory standards. 3

(3) The Commission shall send a copy of the compliance plan to the 4
executive and legislative body responsible for the [correctional] facility. 5

(b) (1) If, after sending a compliance plan and reinspecting a correctional 6
facility OR AN IMMIGRATION DETENTION FACILITY under subsection (a) of this section, 7
the Commission determines that the [correctional] facility is in violation of the minimum 8
mandatory standards, the Commission shall send a letter of reprimand to the [correctional] 9
facility. 10

(2) The letter of reprimand shall state: 11

(i) which minimum standards the [correctional] facility has 12
violated; 13

(ii) the time, to be determined by the Commission but not to exceed 14
60 days, that the [correctional] facility has to address the violations; and 15

(iii) the date that the Commission will reinspect the [correctional] 16
facility to determine if the [correctional] facility has complied with the mi nimum 17
mandatory standards. 18

(3) The Commission shall send a copy of the letter of reprimand to the 19
executive and legislative body responsible for the [correctional] facility. 20

(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 21
facility OR AN IMMIGRATION DETENTION FACILITY under subsection (b) of this section 22
and reinspected the facility, the Commission determines that the [correctional] facility is 23
in violation of the minimum mandatory standards, the Commission shall: 24

(i) conduct a full standards and performance audit of the 25
[correctional] facility; or 26

(ii) periodically inspect the [correctional] facility until compliance is 27
attained and send a report of each inspection to the executive and legislative bodies 28
responsible for the [correctional] facility. 29

(2) When conducting a full standards and performance audit of a 30
[correctional] facility, the Commission shall examine: 31

(i) the physical condition of the [correctional] facility; 32

12 HOUSE BILL 1018

(ii) the safety and treatment of incarcerated individuals OR CIVIL 1
DETAINEES at the [correctional] facility, AS APPLICABLE; 2

(iii) whether the [correctional] facility has policies and procedures in 3
place as required by the minimum mandatory standards; and 4

(iv) whether the [correctional] facility is following the required 5
policies and procedures. 6

(3) When conducting a full standards and performance audit, the 7
Commission shall have unrestricted access to the personnel and records of the 8
[correctional] facility. 9

(4) (i) If the Commission lacks the expertise necessary to perform a part 10
of the full standards and performance audit, the Commission may obtain assistance from 11
sources with expertise in the specific standard. 12

(ii) If the Commission needs to obtain assistance, the [correctional] 13
facility that is being audited shall reimburse the Commission for any cost incurred. 14

(5) (i) After completing a full standards and performance audit, the 15
Commission shall send a letter to the [correctional] facility. 16

(ii) The letter shall contain: 17

1. a copy of the audit findings, including details on all areas 18
where the [correctional] facility fails to comply with the minimum mandatory standards; 19

2. a statement of what actions the [correctional] facility 20
must take in order to comply with the audit findings; 21

3. a date when the [correctional] facility must comply with 22
the audit findings; and 23

4. a statement that the Commission will conduct an 24
unannounced inspection of the [correctional] facility within a reasonable amount of time 25
after the date specified for compliance and that if the [correctional] facility fails to comply, 26
the Commission may seek a court order requiring compliance or order all or part of the 27
[correctional] facility to cease operations. 28

(iii) The Commission shall send a copy of the letter to the executive 29
and legislative bodies responsible for the [correctional] facility. 30

(6) Within a reasonable time after the date specified for compliance, the 31
Commission shall conduct an unannounced inspection to verify that the [correctional] 32
facility has complied with the audit findings. 33
HOUSE BILL 1018 13

(d) (1) If, after performing an audit and unannounce d inspection under 1
subsection (c) of this section and holding a hearing on the issue, the Commission determines 2
that a [correctional] facility has not complied with the audit findings, the Commission 3
shall, IN CONJUNCTION WITH THE ATTORNEY GENERAL: 4

(i) petition a circuit court with venue over the proceeding for a court 5
order requiring the [correctional] facility to comply with the audit findings; or 6

(ii) issue an order to cease operation of the [correctional] facility or 7
any of its [correctional] elements, procedures, or functions. 8

(2) The Commission shall provide to a [correctional] facility reasonable 9
notice of a hearing under paragraph (1) of this subsection. 10

(3) The Commission may subpoena witnesses and hold public hearings in 11
accordance with Title 10, Subtitle 2 of the State Government Article before making a final 12
decision on whether to seek a court order or close a [correctional] facility or any of its 13
[correctional] elements, procedures, or functions. 14

8–114.1. 15

(A) THIS SECTION APPLIES TO A PRIVATE ENTITY THAT OWNS, MANAGES, 16
OR OPERATES , IN WHOLE OR IN PART , A CORRECTIONAL FACIL ITY OR AN 17
IMMIGRATION DETENTION FACILITY. 18

(B) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS SUBTITLE , 19
THE ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A PRIVATE ENTITY FOR: 20

(1) RETALIATING AGAINST AN EMPLOYEE FOR SUBMITTING A REPORT 21
OF A VIOLATION IN VIOLATION OF § 8–111.1(C) OF THIS SUBTITLE; 22

(2) FAILING TO COMPLY WI TH THE CERTIFICATION REQUIREMENTS 23
UNDER § 8–111.2 OF THIS SUBTITLE; 24

(3) IMPEDING A COMMISSION INSPECTION IN VIOLATION OF § 25
8–113(D)(1) OF THIS SUBTITLE; OR 26

(4) FAILING TO COMPLY WI TH THE AUDIT FINDING S OF THE 27
COMMISSION UNDER § 8–114(C) OF THIS SUBTITLE. 28

(C) IN AN ACTION BROUGHT UNDER THIS SECTION , THE ATTORNEY 29
GENERAL MAY SEEK: 30

14 HOUSE BILL 1018

(1) INJUNCTIVE RELIEF; 1

(2) A CIVIL PENALTY OF U P TO $10,000 FOR EACH VIOLATION 2
PAYABLE INTO THE GENERAL FUND OF THE STATE; 3

(3) REASONABLE ATTORNEY’S FEES AND COSTS; AND 4

(4) ANY OTHER APPROPRIATE RELIEF. 5

(D) EACH DAY THAT A PRIVA TE ENTITY FAIL S TO CORRECT A VIOLA TION 6
UNDER SUBSECTION (B)(2) THROUGH (4) OF THIS SECTION SHAL L CONSTITUTE A 7
SEPARATE VIOLATION. 8

8–115. 9

(a) If the Commission or an authorized inspector finds a condition in a 10
correctional facility OR AN IMMIGRATION DETENTION FACILITY that is life threatening 11
or health endangering, the Commission or inspector may SHALL order the immediate 12
cessation of operation. 13

(b) Within 96 hours after an order is issued under subsection (a) of this section, 14
the Commission shall hold a review hearing to confirm or countermand the order. 15

(c) (1) (I) If a correctional facility is ordered closed under this section, all 16
incarcerated individuals in the facility shall be transferred to and accepted in a suitable 17
place of detention, as the Secretary determines. 18

(II) IF AN IMMIGRATION DET ENTION FACILITY IS O RDERED 19
CLOSED UNDER THIS SE CTION, ALL CIVIL DETAINEES IN THE FACILITY SHALL BE 20
TRANSFERRED TO AND A CCEPTED IN A SUITABL E PLACE OF DETENTION , AS 21
DETERMINED BY THE APPROPRIATE STATE OR FEDERAL ENTITY. 22

(2) The STATE, LOCAL governing body, OR FEDERAL ENTITY responsible 23
for the cost of the closed facility shall pay the expenses incurred in transferring and 24
maintaining incarcerated individuals OR CIVIL DETAINEES under paragraph (1) of this 25
subsection. 26

8–116. 27

(a) (1) The Commission shall establish advisory boards to assist the 28
Commission in carrying out its powers and duties under this subtitle. 29

(2) The Commission may establish advisory boards on [adult]: 30

(i) ADULT detention centers and lockups; 31
HOUSE BILL 1018 15

(ii) ADULT community correctional facilities; [and] 1

(iii) ADULT correctional facilities other than those listed in items (i) 2
and (ii) of this paragraph; AND 3

(IV) IMMIGRATION DETENTION FACILITIES. 4

(b) The chairperson of the Commission shall appoint the members of an advisory 5
board with the approval of the Commission. 6

(c) The chairperson of an advisory board shall be a Commission member. 7

SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Commission on 8
Correctional Standards and the Secretary of Public Safety and Correctional Services shall 9
adopt emergency regulations required under Title 8, Subtitle 1 of the Correctional Services 10
Article, as enacted by Section 1 of this Act, on or before June 1, 2026. 11

SECTION 3. AND BE IT FURTHER ENAC TED, That this Act is an emergency 12
measure, is necessary for the immediate preservation of the public health or safety, has 13
been passed by a yea and nay vote supported by three –fifths of all the members elected to 14
each of the two Houses of the General Asse mbly, and shall take effect from the date it is 15
enacted. 16

Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.