Correctional Services - Detention by Private Entities - Prohibition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1635*

HOUSE BILL 1635
E5 6lr3718

By: Delegate Alston
Introduced and read first time: February 25, 2026
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Detention by Private Entities – Prohibition 2

FOR the purpose of prohibiting certain governmental entities or a company acting under a 3
contract with certain governmental entities from taking certain actions relating to a 4
detention facility owned, managed , or operated by a private entity ; and generally 5
relating to detention of individuals by private entities in Maryland. 6

BY adding to 7
Article – Correctional Services 8
Section 1–202 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Correctional Services 14

1–202. 15

(A) THE GENERAL ASSEMBLY FINDS THAT T HE MANAGEMENT AND 16
OPERATION OF A DETEN TION FACILITY INVOLV ES FUNCTIONS THAT AR E 17
INHERENTLY GOVERNMENTAL AND THAT SUCH FUNCTIONS REQUIRE THE EXERCISE 18
OF COERCIVE POLICE P OWERS OVER INDIVIDUA LS WHICH SHOULD NOT BE 19
DELEGATED T O THE PRIVATE SECTOR AND ARE DISTINGUISHA BLE FROM 20
PRIVATIZATION IN OTHER AREAS OF GOVERNMENT. 21

(B) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23

2 HOUSE BILL 1635

(2) “DETENTION FACILITY” INCLUDES: 1

(I) A CORRECTIONAL FACILITY; 2

(II) AN IMMIGRATION DETENTION FACILITY; OR 3

(III) ANY OTHER FACILITY USED TO DETAIN INDIVIDUALS. 4

(3) (I) “ANCILLARY SERVICES” INCLUDE: 5

1. EDUCATION SERVICES; 6

2. MEDICAL SERVICES; AND 7

3. MAINTENANCE SERVICES. 8

(II) “ANCILLARY SERVICES” DO NOT INCLUDE FOOD SERVICES. 9

(C) THIS SECTION DOES NOT APPLY TO A CONTRACT TO PROVIDE 10
ANCILLARY SERVICES AT A DETENTION FACILITY. 11

(D) THE FEDERAL GOVERNMEN T, THE STATE, A UNIT OF LOCAL 12
GOVERNMENT, A COUNTY SHERIFF, AN AGENCY, OFFICER, EMPLOYEE, OR AGENT OF 13
THE STATE OR A UNIT OF LO CAL GOVERNMENT , OR A COMPANY ACTING IN 14
ACCORDANCE WITH A CONTRACT WITH THE FEDERAL GOVERNMENT, THE STATE, A 15
UNIT OF LOCAL GOVERNMENT, OR A COUNTY SHERIFF MAY NOT: 16

(1) ENTER INTO AN AGREEM ENT OF ANY KIND FOR THE DETENTION 17
OF INDIVIDUALS IN A DETENTION FACILITY OWNED, MANAGED, OR OPERATED, IN 18
WHOLE OR IN PART, BY A PRIVATE ENTITY; 19

(2) PAY, REIMBURSE, SUBSIDIZE, OR DEFRAY IN ANY WAY ANY COSTS 20
RELATED TO THE SALE , PURCHASE, CONSTRUCTION, DEVELOPMENT, OWNERSHIP, 21
MANAGEMENT, OR OPERA TION OF A DETENTION FACILITY THAT IS OR WILL BE 22
OWNED, MANAGED, OR OPERATED, IN WHOLE OR IN PART, BY A PRIVATE ENTITY; 23

(3) RECEIVE ANY PAYMENT RELATED TO THE DETEN TION OF 24
INDIVIDUALS IN A DETENTION FACILITY OWNED , MANAGED, OR OPERATED , IN 25
WHOLE OR IN PART, BY A PRIVATE ENTITY; OR 26

(4) OTHERWISE GIVE A FIN ANCIAL INCENTIVE OR BENEFIT TO A 27
PRIVATE ENTITY OR PE RSON IN CONNECTION W ITH THE SALE , PURCHASE, 28
CONSTRUCTION, DEVELOPMENT, OWNERSHIP, MANAGEMENT, OR OPERATION OF A 29
HOUSE BILL 1635 3

DETENTION FACILITY THAT IS OR WILL BE OWNED , MANAGED, OR OPERATED, IN 1
WHOLE OR IN PART, BY A PRIVATE ENTITY. 2

(E) THE STATE, A UNIT OF LOCAL GOVERNMENT, OR AN AGENCY, OFFICER, 3
EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LOCAL GOVERNMENT MAY NOT 4
APPROVE A ZONING VAR IANCE OR ISSUE A PER MIT FOR THE CONSTRUC TION OF A 5
BUILDING OR THE REUSE OF EXISTING BUILDINGS OR STRUCTURES BY ANY PRIVATE 6
ENTITY FOR USE AS A DETENTION FACILITY. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall ta ke effect 8
October 1, 2026. 9