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MarylandHB 10172026 Regular SessionHouseWALLET

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: 1 benefits, 1 costs, 1 mixed.

Fines and enforcement on private operators

The Attorney General can sue to stop illegal private detention facilities. Courts can issue orders to block violations. A private company that breaks this law can be fined up to $10,000 for each day the violation continues. These penalties make noncompliance very costly.

Ban on private detention centers

The law bans the state and local governments from approving any private detention center. Private companies cannot run or occupy buildings as detention centers. A “detention facility” includes immigration detention, but not licensed hospitals or child care programs whose main job is care, treatment, education, or rehab. A site counts as proposed for detention if people would not be free to leave, or if it has secure fences, controlled entry, or locked holding areas. The law takes effect immediately.

Backup zoning rules for immigration detention

The law sets backup rules for private immigration detention if a court finds the main ban unenforceable. In that case, a site must be in a zoning district that expressly allows private detention; general institutional zoning does not count. Before creating such zoning, the government must give at least 120 days’ notice, hold at least two public meetings, and review plans, nearby uses, and infrastructure. A private operator must also get a use‑and‑occupancy approval or a change of use before opening. Past contracts for immigration detention are covered by these limits, even if signed before the law. These backup rules start when the Department of Legislative Services receives notice from the Attorney General, but only if that notice arrives by December 31, 2029. If no notice arrives by that date, the backup rules are void.

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: 10

Senate vote • 4/10/2026

Floor Amendment {543027/1 (Senator Ready) Rejected

Yes: 17 • No: 25 • Other: 5

Senate vote • 4/10/2026

Third Reading Passed

Yes: 32 • No: 10 • Other: 5

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: 10

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

  • Enrolled

    4/11/2026

    PDF

  • Third Reading

    2/25/2026

    PDF

  • First Reading

    2/6/2026

    PDF

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