Maryland House Bill HB1011

Maryland 2025 Regular Session

• Introduced: 2/3/25
• Refer: 2/3/25

Caption

Workgroup on Supporting Transgender and Gender Diverse Students - Established

Summary

HB1011 creates a new section of the Correctional Services Article addressing private detention facilities. It defines a “private detention facility” as a facility owned, managed, or operated in whole or in part by a private entity under contract or agreement with a government or another private entity to house or detain people for alleged violations of state or federal law. The bill prohibits any person from depriving an individual housed or detained in such a facility of rights, privileges, or immunities secured by the U.S. Constitution, the Maryland Constitution, the Maryland Declaration of Rights, or other state or federal law. It also authorizes the Office of the Attorney General to investigate alleged violations, including issuing subpoenas, compelling testimony and records, entering facilities, and conducting private interviews with detained individuals. If a violation is found, the Attorney General must notify the local governing body of the county where it occurred, and may bring a civil action after certain notice and investigation requirements are met, or sooner if delay would pose an imminent and serious threat to life, health, or public safety.

Impact

The bill would add a new enforcement framework to Maryland law for private detention facilities, expanding the Attorney General’s oversight authority and creating a specific civil remedy for rights violations in those facilities. It could affect private prison operators, immigration detention facilities, county contractors, and any other private entities involved in housing or detaining individuals under government-related agreements. The bill also authorizes damages, injunctive relief, and civil penalties of up to $25,000 per violation, while preserving other remedies available under law.

Sentiment

Based on the bill text and the limited available context, the measure appears to be framed as a civil rights and accountability bill, with the Attorney General’s office as its sponsor/requestor. There are no recorded committee transcripts or votes in the provided material, so there is no documented opposition or support from debate or roll call history. The structure of the bill suggests a policy goal of strengthening oversight and enforcement rather than changing detention operations broadly.

Contention

The main potential points of contention are the bill’s expansion of state investigative authority into private detention facilities, including the power to enter facilities, compel records, and interview detainees privately. Private operators and their contractors may view these provisions as burdensome or intrusive, while supporters would likely argue they are necessary to protect constitutional and statutory rights. Another possible issue is the civil penalty and damages framework, which could expose facility operators to significant liability if violations are found.