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MarylandHB 10172026 Regular SessionHouse

Correctional Services - Private Detention Facilities - Zoning Requirement

Sponsored By: Melissa Wells (Democratic)

Signed by Governor

CorrectionsApplicants and ApplicationsAttorney GeneralCivil Actions -see also- Small ClaimsConstructionCorrectional Institutions -see also- Patuxent InstitutionCounties -see also- Chartered Counties; Code Counties; etc.Emergency BillsFederal GovernmentImmigrants and Citizenship -see also- ResidencyIncarcerated IndividualsMaryland-National Capital Park and Planning CommissionMunicipal Corporations -see also- Annap; BaltPenalties and Sentences -see also- Death PenaltyPrivatizationReal PropertyZoning and Planning

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Immediate effect and court fallback

This is an emergency law and takes effect on the date it is enacted. Section 2 takes effect only if a court rules any part of §1–103 unenforceable and the Attorney General notifies the Department of Legislative Services within 5 days. If the Department gets notice on or before December 31, 2029, Section 2 takes effect on that date; if not, it is void.

State can halt illegal detention sites

The Attorney General can sue to enforce this law, and courts can issue temporary, preliminary, or permanent orders to stop violations. A private operator that runs or tries to run a detention facility in violation faces civil fines up to $10,000 for each day of violation. These penalties are in addition to any other state or local remedies.

Tougher zoning for private detention sites

The law defines a detention facility as any place used to hold people, including immigration detention. It excludes licensed health care facilities and licensed residential child‑care or placement programs when the main purpose is care, treatment, education, or rehabilitation. State and local governments cannot approve a private detention site unless zoning expressly allows that use; a general public or institutional label is not enough. A property counts as a detention facility if people will be held and not free to leave, used for any stage of immigration processing, or built with secure features like perimeter fencing, controlled access, or locked holding areas. Private operators must get a use and occupancy approval, or a change in use, before opening. Before any zoning that allows private detention, the government must give at least 120 days’ public notice, hold at least two public meetings, and check plan consistency, nearby uses, and local infrastructure.

Sponsors & Cosponsors

Sponsor

  • Melissa Wells

    Democratic • House

Cosponsors

  • Charlotte Crutchfield

    Democratic • House

  • Kris Fair

    Democratic • House

  • Kenneth Kerr

    Democratic • House

  • Mary A. Lehman

    Democratic • House

  • Sheila Ruth

    Democratic • House

  • Matthew J. Schindler

    Democratic • House

  • Jared Solomon

    Democratic • House

  • Vaughn Stewart

    Democratic • House

  • Jen Terrasa

    Democratic • House

  • Chao Wu

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 277 • No: 203

House vote • 4/11/2026

Third Reading Passed

Yes: 95 • No: 36 • Other: 4

Senate vote • 4/10/2026

Floor Amendment {543027/1 (Senator Ready) Rejected

Yes: 17 • No: 25 • Other: 4

Senate vote • 4/10/2026

Third Reading Passed

Yes: 32 • No: 10 • Other: 2

House vote • 2/26/2026

Third Reading Passed

Yes: 98 • No: 36 • Other: 2

House vote • 2/25/2026

Floor Amendment {753729/1 (Delegate Griffith) Rejected

Yes: 35 • No: 96 • Other: 3

Actions Timeline

  1. Approved by the Governor - Chapter 173

    4/28/2026

  2. Passed Enrolled

    4/11/2026House

  3. Third Reading Passed (95-36)

    4/11/2026House

  4. House Concurs Senate Amendments

    4/11/2026House

  5. Third Reading Passed (32-10)

    4/10/2026Senate

  6. Second Reading Passed with Amendments

    4/10/2026Senate

  7. Floor Amendment {543027/1 (Senator Ready) Rejected (17-25)

    4/10/2026Senate

  8. Favorable with Amendments {933024/1 Adopted

    4/10/2026Senate

  9. Motion Laid Over (Senator Ready) Adopted

    4/10/2026Senate

  10. Favorable with Amendments {933024/1

    4/10/2026Senate

  11. Favorable with Amendments Report by Judicial Proceedings

    4/10/2026Senate

  12. Referred Judicial Proceedings

    2/27/2026Senate

  13. Third Reading Passed (98-36)

    2/26/2026House

  14. Second Reading Passed with Amendments

    2/25/2026House

  15. Floor Amendment {753729/1 (Delegate Griffith) Rejected (35-96)

    2/25/2026House

  16. Motion Special Order until 2/25 (Delegate Griffith) Adopted

    2/24/2026House

  17. Favorable with Amendments {953820/1 Adopted

    2/24/2026House

  18. Favorable with Amendments Report by Government, Labor, and Elections

    2/23/2026House

  19. Hearing 2/12 at 2:00 p.m.

    2/6/2026House

  20. First Reading Government, Labor, and Elections

    2/6/2026House

Bill Text

  • Enacted

    4/28/2026

    PDF

  • Enrolled

    4/11/2026

    PDF

  • Third Reading

    2/25/2026

    PDF

  • First Reading

    2/6/2026

    PDF

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