Correctional Services - Immigration Detention Facilities - Minimum Mandatory Standards

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0985*

SENATE BILL 985
E5 EMERGENCY BILL 6lr3702
CF HB 1018
By: Senator Smith
Introduced and read first time: February 15, 2026
Assigned to: Rules

A BILL ENTITLED

AN ACT concerning 1

Correctional Services – Immigration Detention Facilities – Minimum Mandatory 2
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 and emergency 11
preparedness, and inspecting facilities; requiring certain health care practitioners 12
and security guards to report certain violations and security breaches to the 13
Commission; requiring a regulating body to take appropriate disciplinary action if a 14
health care pract itioner or a security guard fails to report a certain violation; 15
applying certain compliance, audit, and enforcement provisions to immigration 16
detention facilities; authorizing the Attorney General to bring a certain action 17
against a private entity that owns, manages, or operates a correctional facility or an 18
immigration detention facility for certain violations; authorizing the Commission to 19
cease operation of an immigration detention facility that is life –threatening or 20
health–endangering; requiring a certain State, local governing body, or federal entity 21
to pay the expense incurred by transferring certain individuals from a closed facility; 22
authorizing the Commission to establish an advisory board on immigration detention 23
facilities; and generally relatin g to State oversight of correctional facilities and 24
immigration detention facilities. 25

BY repealing and reenacting, without amendments, 26
Article – Correctional Services 27
Section 1–101(a), (d), (j) through (l), and (q) and 8–106 28
Annotated Code of Maryland 29
(2025 Replacement Volume) 30
2 SENATE BILL 985

BY repealing and reenacting, with amendments, 1
Article – Correctional Services 2
Section 8–101 through 8–103, 8–105, 8–110, and 8–112 through 8–116 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5

BY adding to 6
Article – Correctional Services 7
Section 8–111.1, 8–111.2, and 8–114.1 8
Annotated Code of Maryland 9
(2025 Replacement Volume) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Correctional Services 13

1–101. 14

(a) In this article the following words have the meanings indicated. 15

(d) “Correctional facility” means a facility that is operated for the purpose of 16
detaining or confining adults who are charged with or found guilty of a crime. 17

(j) “Immigration detention facility” means any building, facility, or structure 18
used, in whole or in part, to house or detain individuals for federal civil immigration 19
violations. 20

(k) “Incarcerated individual” means an individual who is actually or 21
constructively detained or confined in a correctional facility. 22

(l) “Local correctional facility” means a correctional facility that is operated: 23

(1) by one or more counties; or 24

(2) by a municipal corporation. 25

(q) (1) “State correctional facility” means a corre ctional facility that is 26
operated by the State. 27

(2) “State correctional facility” includes: 28

(i) the Patuxent Institution; 29

(ii) the Baltimore City Detention Center; and 30

SENATE BILL 985 3

(iii) the centralized booking facility in Baltimore City that is operated 1
by the Division of Pretrial Detention and Services in the Department of Public Safety and 2
Correctional Services. 3

8–101. 4

(a) In this subtitle the following words have the meanings indicated. 5

(b) “Approved standards” means the standards described in § 8–103(b) of this 6
subtitle. 7

(C) “BREACH OF THE SECURITY OF A SYSTEM” MEANS THE UNAUTHORIZED 8
ACQUISITION OF COMPU TERIZED DATA THAT CO MPROMISES THE SECURI TY, 9
CONFIDENTIALITY, OR INTEGRITY OF PERS ONAL IDENTIFYING INF ORMATION 10
MAINTAINED IN THE SYSTEM. 11

(D) “CIVIL DETAINEE ” MEANS AN INDIVIDUAL WHO IS ACTUALLY OR 12
CONSTRUCTIVELY DETAI NED OR CONFINED IN A N IMMIGRATION DETENT ION 13
FACILITY. 14

[(c)] (E) “Commission” means the Maryland Commission on Correctional 15
Standards. 16

(F) “LICENSED HEALTH CARE PRACTITIONER” MEANS AN INDIVIDUAL 17
LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED TO PRACTICE A HE ALTH 18
OCCUPATION UNDER THE HEALTH OCCUPATIONS ARTICLE. 19

[(d)] (G) “Minimum mandatory standards” means the standards described in § 20
8–103(a) of this subtitle. 21

(H) “PERSONAL IDENTIFYING INFORMATION” HAS THE MEANING STATED IN 22
§ 8–301 OF THE CRIMINAL LAW ARTICLE. 23

8–102. 24

The General Assembly finds that there is a need to improve the method of: 25

(1) establishing standards for correctional facilities, IMMIGRATION 26
DETENTION FACILITIES, and programs [and of]; AND 27

(2) ensuring compliance with these standards to better protect the health, 28
safety, and welfare of the public by reducing incidents of crime. 29

8–103. 30

4 SENATE BILL 985

(a) (1) With the advice of the Commission, the Secretary shall ado pt 1
regulations that establish minimum mandatory standards applicable to: 2

(I) security and CONTROL OF incarcerated [individual control, 3
incarcerated individual] INDIVIDUALS AND CIVIL DETAINEES; 4

(II) safety[, incarcerated individual ] OF INCARCERATED 5
INDIVIDUALS AND CIVIL DETAINEES, INCLUDING LIFE AND FIRE SAFETY; 6

(III) food services [, incarcerated individual ] FOR INCARCERATED 7
INDIVIDUALS AND CIVIL DETAINEES; 8

(IV) housing and sanitation [, incarcerated ] FOR INCARCERATED 9
INDIVIDUALS AND CIVI L DETAINEES , INCLUDING MAXIMUM OC CUPANCY 10
RESTRICTIONS; 11

(V) individual rights [, classification, hearings, ] AND HEARINGS 12
FOR INCARCERATED INDIVIDUALS AND CIVIL DETAINEES; 13

(VI) CLASSIFICATION, victim notification, AND restitution, AS 14
APPLICABLE TO INCARCERATED INDIVIDUALS AND CIVIL DETAINEES; and 15

(VII) administrative record keeping FOR INCARCERATED 16
INDIVIDUALS AND CIVIL DETAINEES. 17

(2) The minimum mandatory standards adopted under paragraph (1) of 18
this subsection shall apply to all State and local correctional facilities AND IMMIGRATION 19
DETENTION FACILITIES LOCATED IN THE STATE. 20

(b) (1) With the advice of the Commission, the Secretary shall adopt 21
regulations that establish approved standards applicable to pe rsonnel, training, 22
administration, management, planning and coordination, research and evaluation, 23
physical plant, special management incarcerated individuals, rules and discipline, mail and 24
visiting, reception and orientation, property control, work progr ams, educational and 25
vocational training, library services, religious services, recreational activities, counseling, 26
release preparation, and volunteers. 27

(2) The approved standards adopted under paragraph (1) of this 28
subsection: 29

(i) shall apply to all State correctional facilities; and 30

(ii) may be adopted, as a whole or in part, by a local correctional 31
facility. 32

SENATE BILL 985 5

(c) The standards adopted under this section shall be consistent with federal and 1
State law. 2

8–105. 3

The standards adopted under § 8 –103 of this subtitle shall be enforced as provided 4
under §§ 8–112 through [8–114] 8–114.1 of this subtitle. 5

8–106. 6

There is a Maryland Commission on Correctional Standards in the Department. 7

8–110. 8

(a) (1) The Commission shall report annually to the Governor and, subject to 9
§ 2–1257 of the State Government Article, to the General Assembly on the activities of the 10
Commission. 11

(2) THE ANNUAL REPORT REQUIRED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL INCLUDE: 13

(I) A DETAILED ANALYSIS OF COMPLIAN CE ISSUES AT 14
CORRECTIONAL FACILITIES AND IMMIGRATION DETENTION FACILITIES; AND 15

(II) RECOMMENDATIONS TO A DDRESS COMPLIANCE IS SUES 16
IDENTIFIED UNDER ITEM (I) OF THIS PARAGRAPH. 17

(3) THE REPORT PROVIDED UNDER THIS SECTION MAY NOT DISCLOSE 18
PERSONAL IDENTI FYING INFORMATION OF AN INCARCERATED INDI VIDUAL OR A 19
CIVIL DETAINEE. 20

(b) The Commission shall provide the Secretary and the governing body of each 21
county and municipal corporation that has a correctional facility OR AN IMMIGRATION 22
DETENTION FACILITY with a copy of its annual report. 23

8–111.1. 24

(A) (1) ANY PERSON MAY REPORT A VIOLATION OF THE M INIMUM 25
MANDATORY STANDARDS BY A CORRECTIONAL FA CILITY OR AN IMMIGRA TION 26
DETENTION FACILITY TO THE COMMISSION. 27

(2) THE COMMISSION SHALL ESTABLISH A STANDARDIZED PROCESS 28
FOR THE REPORTING , RECEIPT, AND TIMELY REVIEW OF REPORTED VIOLATIONS 29
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 30

6 SENATE BILL 985

(3) (I) THE DEPARTMENT SHALL PROVIDE AND MAINTAIN A L INK 1
ON THE COMMISSION’S WEBSITE FOR THE PUBLIC TO REPORT A VIOLATION. 2

(II) THE L INK PROVIDED UNDER S UBPARAGRAPH (I) OF THIS 3
PARAGRAPH SHALL ALLOW A VIOLATION TO BE REPORTED ANONYMOUSLY. 4

(4) THE COMMISSION AND THE DEPARTMENT SHALL MAINTAIN THE 5
CONFIDENTIALITY OF A NY PERSONAL IDENTIFY ING INFORMATION OF A N 6
INCARCERATED INDIVIDUAL OR A CIVIL DETAINEE THAT IS PROVIDED IN A REPORT. 7

(5) AFTER COMPLETING REVIEW OF A VIOLATION REPORTED UNDER 8
THIS SUBSECTION, THE COMMISSION MAY: 9

(I) INSPECT THE CORRECTI ONAL FACILITY OR THE 10
IMMIGRATION DETENTIO N FACILITY IN ACCORD ANCE WITH § 8–113 OF THIS 11
SUBTITLE; 12

(II) SEND A COMPLIANCE PL AN TO THE CORRECTION AL 13
FACILITY OR THE IMMI GRATION DETENTION FA CILITY IN ACCORDANCE WITH § 14
8–114 OF THIS SUBTITLE; 15

(III) DETERMINE THAT THE FACILITY IS LIFE–THREATENING OR 16
HEALTH–ENDANGERING AND ORDER THE IMMEDIATE CESSATION OF OPERATION OF 17
THE CORRECTIONAL FAC ILITY OR THE IMMIGRA TION DETENTION FACIL ITY IN 18
ACCORDANCE WITH § 8–115 OF THIS SUBTITLE; OR 19

(IV) TAKE ANY OTHER ACTIO N NECESSARY TO PROTE CT THE 20
HEALTH AND SAFETY OF INCARCERATED INDIVIDUALS OR CIVIL DETAINEES. 21

(B) (1) THIS SUBSECTION APPLI ES TO AN INDIVIDUAL WHO PROVIDES 22
SERVICES TO A CORREC TIONAL FACILITY OR A N IMMIGRATION DETENT ION 23
FACILITY IN THE INDIVIDUAL’S CAPACITY AS: 24

(I) A LICENSED HEALTH CARE PRACTITIONER; OR 25

(II) A SECURITY GUARD CERTIFIED UNDER TITLE 19, SUBTITLE 26
4 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 27

(2) AN INDIVIDUAL SUBJECT TO THIS SUBSECTION SHALL REPORT TO 28
THE COMMISSION: 29

SENATE BILL 985 7

(I) A VIOLATION OF THE M INIMUM MANDATORY STA NDARDS 1
THAT THE INDIVIDUAL HAS REASO N TO BELIEVE HAS BEE N COMMITTED BY A 2
CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY; AND 3

(II) A KNOWN BREACH OF TH E SECURITY OF A SYST EM OF A 4
CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY. 5

(3) IF THE REGULATING BOD Y FOR A LI CENSED HEALTH CARE 6
PRACTITIONER OR A CE RTIFIED SECURITY GUA RD DETERMINES THAT A N 7
INDIVIDUAL HAS FAILED TO SUBMIT A REPORT IN VIOLATION OF PARAGRAPH (2) OF 8
THIS SUBSECTION, THE LICENSING BODY SHALL TAKE APPROPRIATE DISCIPLINARY 9
ACTION. 10

(C) A CORRECTIONAL FACILITY OR AN IMMIGRATION DETENTION FACILITY 11
MAY NOT RETALIATE AG AINST AN EMPLOYEE FO R SUBMITTING, IN GOOD FAITH , A 12
REPORT OF A VIOLATION UNDER THIS SECTION. 13

8–111.2. 14

(A) (1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR BEFORE 15
JULY 1, 2026, AND EACH JULY 1 THEREAFTER, EACH CORRECTIONAL FACILITY AND 16
IMMIGRATION DETENTION FACILITY IN THE STATE SHALL SUBMIT A CERTIFICATION 17
TO THE COMMISSION THAT THE FACILITY: 18

(I) HAS ADEQUATE AND REL IABLE UTILITIES THAT COMPLY 19
WITH STATE AND LOCAL LAWS AND REGUL ATIONS, INCLUDING POTABLE WA TER, 20
SEWER, AND ELECTRICITY; 21

(II) HAS FUNCTIONAL HEATI NG, VENTILATION, AND AIR 22
CONDITIONING; 23

(III) MAINTAINS AN EMERGEN CY POWER SYSTEM TO E NSURE 24
THE SAFE OPERATION O F THE FACILITY IN TH E EVENT OF A DISRUPT ION IN 25
ELECTRICAL POWER; AND 26

(IV) MAINTAINS AN EMERGEN CY OPERATIONS PLAN T O 27
RESPOND TO UTILITY D ISRUPTIONS, A BREACH OF THE SECU RITY OF A SYSTEM , 28
FIRES, AND MEDICAL EMERGENCIES. 29

(2) (I) A FACILITY SHALL SUBMI T A COPY OF THE EMER GENCY 30
OPERATIONS PLAN UNDE R PARAGRAP H (1)(IV) OF THIS SUBSECTION W ITH THE 31
CERTIFICATION UNDER PARAGRAPH (1) OF THIS SUBSECTION. 32

8 SENATE BILL 985

(II) THE EMERGENCY OPERATIONS PLAN SHALL BE RE VIEWED 1
AND UPDATED BY THE FACILITY AT LEAST ANNUALLY. 2

(3) THE FACILITY SHALL INCLUDE SUFFICIENT DOCUMENTATION TO 3
SUPPORT THE BASIS FO R THE CERTIFICATION AND PROMPTLY RESPOND TO 4
REQUESTS FOR ADDITIONAL INFORMATION FROM THE COMMISSION. 5

(B) IF A CORRECTIONAL FAC ILITY OR AN IMMIGRAT ION DETENTION 6
FACILITY HAS A MATER IAL CHANGE IN OPERAT IONS OR A MATERIAL I NCREASE IN 7
OCCUPANCY, THE FACILITY SHALL S UBMIT AN UPDATED CER TIFICATION TO THE 8
COMMISSION WITHIN 30 DAYS OF THE CHANGE. 9

(C) IF A CORRECTIONAL FAC ILITY OR AN IMMIGRAT ION DETENTION 10
FACILITY FAILS TO SUBMIT THE CERTIFICATION OR SUPPORTING DOCUMENTATION 11
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL: 12

(1) DETERMINE THAT THE F ACILITY IS LIFE –THREATENING OR 13
HEALTH–ENDANGERING AND ORDER THE IMMEDIATE CESSATION OF OPERATION OF 14
THE CORRECTIONAL FAC ILITY OR THE IMMIGRA TION DETENTION FACIL ITY IN 15
ACCORDANCE WITH § 8–115 OF THIS SUBTITLE; OR 16

(2) TAKE ANY OTHER ACTIO N NECESSARY TO PROTECT THE HEALTH 17
AND SAFETY OF INCARCERATED INDIVIDUALS OR CIVIL DETAINEES. 18

8–112. 19

(a) (1) The Commission shall: 20

(i) advise the Secretary regarding all: 21

1. minimum mandatory standards FOR STATE AND LOCAL 22
CORRECTIONAL FACILITIES AND IMMIGRATION DETENTION FACILITIES LOCATED IN 23
THE STATE; and 24

2. approved standards for State and local correctional 25
facilities; 26

(ii) consult and coordinate with national bod ies promulgating 27
[correctional] standards FOR CORRECTIONAL FAC ILITIES AND IMMIGRAT ION 28
DETENTION FACILITIES to provide reasonable compatibility between the State standards 29
and nationally established standards; and 30

SENATE BILL 985 9

(iii) consult and cooperate with other units of the State and local 1
jurisdictions concerning [correctional] standards FOR CORRECTIONAL FACILITIES AND 2
IMMIGRATION DETENTION FACILITIES. 3

(2) The Commission may provide technical assistance to the extent 4
authorized in the State budget to aid the State and local jurisdictions in their efforts to 5
comply with minimum mandatory standards and approved standards. 6

(b) The Commission shall adopt regulations to carry out this subtitle. 7

(c) The Commission shall employ a staff necessary to carry out this subtitle as 8
provided in the State budget. 9

8–113. 10

(a) The Commission shall: 11

(1) establish and implement a process to inspect State and local 12
correctional facilities AND IMMIGRATION DETE NTION FACILITIES LOC ATED IN THE 13
STATE to determine and certify compliance with applicable standards; and 14

(2) determine deadlines for remedial action and reinspection whenever 15
inspection reports indicate noncompliance with applicable standards. 16

(b) The Commission may review and act on appeals from staff inspection reports. 17

(C) THE COMMISSION MAY CONDUC T AN INSPECTION IN C ONJUNCTION 18
WITH AN APPROPRIATE UNIT OF STATE OR LOCAL GOVERN MENT, SUCH AS THE 19
STATE FIRE MARSHAL OR THE MARYLAND DEPARTMENT OF HEALTH. 20

(D) (1) THE MANAGING OFFICIAL OR EMPLOYEES OF A CO RRECTIONAL 21
FACILITY OR THE OWNE R, OPERATOR, MANAGER, OR EMPLOYEES OF AN 22
IMMIGRATION DETENTION FACILITY MAY NOT RESTRICT, PREVENT, OR OTHERWISE 23
IMPEDE AN INSPECTION FROM BEING CONDUCTED IN ACCORDANCE WITH T HIS 24
SUBTITLE. 25

(2) IF ANY INDIVIDUAL VIO LATES PARAGRAPH (1) OF THIS 26
SUBSECTION, THE COMMISSION SHALL ORDE R THE IMMEDIATE CESS ATION OF 27
OPERATION OF THE APP LICABLE CORRECTIONAL FACILITY OR IMMIGRAT ION 28
DETENTION FACILITY. 29

8–114. 30

10 SENATE BILL 985

(a) (1) If the Commission determines that a correctional facility OR AN 1
IMMIGRATION DE TENTION FACILITY is in violation of the minimum mandatory 2
standards, the Commission shall send a compliance plan to the [correctional] facility. 3

(2) The compliance plan shall state: 4

(i) which minimum mandatory standards the [correctional] facility 5
has violated; 6

(ii) the time, to be determined by the Commission, that the 7
[correctional] facility has to address the violations; and 8

(iii) the date that the Commission shall reinspect the [correctional] 9
facility to determine if the [correctional] facility has complied with the minimum 10
mandatory standards. 11

(3) The Commission shall send a copy of the compliance plan to the 12
executive and legislative body responsible for the [correctional] facility. 13

(b) (1) If, after sending a compliance plan and re inspecting a correctional 14
facility OR AN IMMIGRATION DETENTION FACILITY under subsection (a) of this section, 15
the Commission determines that the [correctional] facility is in violation of the minimum 16
mandatory standards, the Commission shall send a letter of reprimand to the [correctional] 17
facility. 18

(2) The letter of reprimand shall state: 19

(i) which minimum standards the [correctional] facility has 20
violated; 21

(ii) the time, to be determined by the Commission but not to exceed 22
60 days, that the [correctional] facility has to address the violations; and 23

(iii) the date that the Commission will reinspect the [correctional] 24
facility to determine if the [correctional] facility has complied with the minimum 25
mandatory standards. 26

(3) The Commission shall send a copy of the letter of reprimand to the 27
executive and legislative body responsible for the [correctional] facility. 28

(c) (1) If, after the Commission has sent a letter of reprimand to a correctional 29
facility OR AN IMMIGRATION DETENTION FACILITY under subsection (b) of this section 30
and reinspected the facility, the Commission determines that the [correctional] facility is 31
in violation of the minimum mandatory standards, the Commission shall: 32

SENATE BILL 985 11

(i) conduct a full standards and performance audit of the 1
[correctional] facility; or 2

(ii) periodically inspect the [correctional] facility until compliance is 3
attained and send a report of each inspection to the executive and legislative bodies 4
responsible for the [correctional] facility. 5

(2) When conducting a full standards and performance audit of a 6
[correctional] facility, the Commission shall examine: 7

(i) the physical condition of the [correctional] facility; 8

(ii) the safety and treatment of incarcerated individuals OR CIVIL 9
DETAINEES at the [correctional] facility, AS APPLICABLE; 10

(iii) whether the [correctional] facility has policies and procedures in 11
place as required by the minimum mandatory standards; and 12

(iv) whether the [correctional] facility is following the required 13
policies and procedures. 14

(3) When conducting a full standards and performance audit, the 15
Commission shall have unrestricted access to the personnel and records of the 16
[correctional] facility. 17

(4) (i) If the Commission lacks the expertise necessary to perform a part 18
of the full standards and performance audit, the Commission may obtain assistance from 19
sources with expertise in the specific standard. 20

(ii) If the Commission needs to obtain assistance, the [correctional] 21
facility that is being audited shall reimburse the Commission for any cost incurred. 22

(5) (i) After completing a full standards and performance audit, the 23
Commission shall send a letter to the [correctional] facility. 24

(ii) The letter shall contain: 25

1. a copy of the audit findings, including details on all areas 26
where the [correctional] facility fails to comply with the minimum mandatory standards; 27

2. a statement of what actions the [correctional] facility 28
must take in order to comply with the audit findings; 29

3. a date when the [correctional] facility must comply with 30
the audit findings; and 31

12 SENATE BILL 985

4. a statement that the Commission will conduct an 1
unannounced inspection of the [correctional] facility within a reasonable amo unt of time 2
after the date specified for compliance and that if the [correctional] facility fails to comply, 3
the Commission may seek a court order requiring compliance or order all or part of the 4
[correctional] facility to cease operations. 5

(iii) The Commission shall send a copy of the letter to the executive 6
and legislative bodies responsible for the [correctional] facility. 7

(6) Within a reasonable time after the date specified for compliance, the 8
Commission shall conduct an unannounced inspection t o verify that the [correctional] 9
facility has complied with the audit findings. 10

(d) (1) If, after performing an audit and unannounced inspection under 11
subsection (c) of this section and holding a hearing on the issue, the Commission determines 12
that a [correctional] facility has not complied with the audit findings, the Commission 13
shall, IN CONJUNCTION WITH THE ATTORNEY GENERAL: 14

(i) petition a circuit court with venue over the proceeding for a court 15
order requiring the [correctional] facility to comply with the audit findings; or 16

(ii) issue an order to cease operation of the [correctional] facility or 17
any of its [correctional] elements, procedures, or functions. 18

(2) The Commission shall provide to a [correctional] facility reasonable 19
notice of a hearing under paragraph (1) of this subsection. 20

(3) The Commission may subpoena witnesses and hold public hearings in 21
accordance with Title 10, Subtitle 2 of the State Government Article before making a final 22
decision on whether to seek a court order or close a [correctional] facility or any of its 23
[correctional] elements, procedures, or functions. 24

8–114.1. 25

(A) THIS SECTION APPLIES TO A PRIVATE ENTITY THAT OWNS, MANAGES, 26
OR OPERATES , IN WHOLE OR IN PART , A CORRECTIONAL FACIL ITY OR AN 27
IMMIGRATION DETENTION FACILITY. 28

(B) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS SUBTITLE , 29
THE ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A PRIVATE ENTITY FOR: 30

(1) RETALIATING AGAINST AN EMPLOYEE FOR SUBMITTING A REPORT 31
OF A VIOLATION IN VIOLATION OF § 8–111.1(C) OF THIS SUBTITLE; 32

SENATE BILL 985 13

(2) FAILING TO COMPLY WI TH THE CERTIFICATION REQUIREMENTS 1
UNDER § 8–111.2 OF THIS SUBTITLE; 2

(3) IMPEDING A COMMISSION INSPECTION IN VIOLATION OF § 3
8–113(D)(1) OF THIS SUBTITLE; OR 4

(4) FAILING TO COMPLY WI TH THE AUDIT FI NDINGS OF THE 5
COMMISSION UNDER § 8–114(C) OF THIS SUBTITLE. 6

(C) IN AN ACTION BROUGHT UNDER THIS SECTION , THE ATTORNEY 7
GENERAL MAY SEEK: 8

(1) INJUNCTIVE RELIEF; 9

(2) A CIVIL PENALTY OF U P TO $10,000 FOR EACH VIOLATION 10
PAYABLE INTO THE GENERAL FUND OF THE STATE; 11

(3) REASONABLE ATTORNEY’S FEES AND COSTS; AND 12

(4) ANY OTHER APPROPRIATE RELIEF. 13

(D) EACH DAY THAT A PRIVA TE ENTITY FAILS TO C ORRECT A VIOLATION 14
UNDER SUBSECTION (B)(2) THROUGH (4) OF THIS SECTION SHAL L CONSTITUTE A 15
SEPARATE VIOLATION. 16

8–115. 17

(a) If the Commission or an authorized inspector finds a condition in a 18
correctional facility OR AN IMMIGRATION DETENTION FACILITY that is life threatening 19
or health endangering, the Commission or inspector may order the immediate cessation of 20
operation. 21

(b) Within 96 hours after an order is issued under subsection (a) of this section, 22
the Commission shall hold a review hearing to confirm or countermand the order. 23

(c) (1) (I) If a correctional facility is ordered closed under this section, all 24
incarcerated individuals in the facility shall be transferred to and accepted in a suitable 25
place of detention, as the Secretary determines. 26

(II) IF AN IMMIGRATION DET ENTION FACILITY IS O RDERED 27
CLOSED UNDER THIS SE CTION, ALL CIVIL DETAINEES IN THE FACILITY SHALL BE 28
TRANSFERRED TO AND A CCEPTED IN A SUITABL E PLACE OF DETENTION , AS 29
DETERMINED BY THE APPROPRIATE STATE OR FEDERAL ENTITY. 30

14 SENATE BILL 985

(2) The STATE, LOCAL governing body, OR FEDERAL ENTITY responsible 1
for the cost of the closed facility shall pay the expenses incurred in transferring and 2
maintaining incarcerated individuals OR CIVIL DETAINEES under paragraph (1) of this 3
subsection. 4

8–116. 5

(a) (1) The Commission shall establish advisory boards to assist the 6
Commission in carrying out its powers and duties under this subtitle. 7

(2) The Commission may establish advisory boards on [adult]: 8

(i) ADULT detention centers and lockups; 9

(ii) ADULT community correctional facilities; [and] 10

(iii) ADULT correctional facilities other than those listed in items (i) 11
and (ii) of this paragraph; AND 12

(IV) IMMIGRATION DETENTION FACILITIES. 13

(b) The chairperson of the Commission shall appoint the members of an advisory 14
board with the approval of the Commission. 15

(c) The chairperson of an advisory board shall be a Commission member. 16

SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Commission on 17
Correctional Standards and the Secretary of Public Safety and Correctional Services shall 18
adopt emergency regulations required under Title 8, Subtitle 1 of the Correctional Services 19
Article, as enacted by Section 1 of this Act, on or before June 1, 2026. 20

SECTION 3. AND BE IT FURTHER E NACTED, That this Act is an emergency 21
measure, is necessary for the immediate preservation of the public health or safety, has 22
been passed by a yea and nay vote supported by three –fifths of all the members elected to 23
each of the two Houses of the General A ssembly, and shall take effect from the date it is 24
enacted. 25