# Correctional Services (GCS)

## Title 1. Definitions; General Provisions

### Subtitle 1. Definitions

#### Section 1-101

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

(b) "Commissioner of Correction" means the Commissioner of the Division of Correction.

(c) "Comptroller" means the Comptroller of the State.

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

(e) "County" means a county of the State and Baltimore City.

(f) "Department" means the Department of Public Safety and Correctional Services.

(g) "Division of Correction" means the Division of Correction in the Department of Public Safety and Correctional Services.

(h) "Division of Parole and Probation" means the Division of Parole and Probation in the Department of Public Safety and Correctional Services.

(i) "Immigration detention agreement" means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes a State or local government agency to house or detain individuals for federal civil immigration violations.

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

(k) "Incarcerated individual" means an individual who is actually or constructively detained or confined in a correctional facility.

(l) "Local correctional facility" means a correctional facility that is operated:

  (1) by one or more counties; or

  (2) by a municipal corporation.

(m) "Managing official" means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a correctional facility.

(n) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(o) "Secretary" means the Secretary of Public Safety and Correctional Services.

(p) "State" means:

  (1) a state, possession, territory, or commonwealth of the United States; or

  (2) the District of Columbia.

(q)

  (1) "State correctional facility" means a correctional facility that is operated by the State.

  (2) "State correctional facility" includes:

    (i) the Patuxent Institution;

    (ii) the Baltimore City Detention Center; and

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

(r) "Treasurer" means the Treasurer of the State.

#### Section 1-102

(a) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not:

  (1) enter into an agreement of any kind for the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity;

  (2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

  (3) receive any payment related to the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity; or

  (4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.

(b) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not approve a zoning variance or issue a permit for the construction of a building or the reuse of existing buildings or structures by any private entity for use as an immigration detention facility unless the governmental entity:

  (1) provides notice to the public of the proposed zoning variance or permit action at least 180 days before authorizing the variance or issuing the permit; and

  (2) solicits and hears public comments on the proposed zoning variance or permit action in at least two separate meetings open to the public.

(c)

  (1) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not enter into or renew an immigration detention agreement.

  (2) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government with an existing immigration detention agreement shall exercise the termination provision contained in the immigration detention agreement not later than October 1, 2022.

(d) In any dispute over an immigration detention agreement with the State, the provisions of this section govern.

(e) Nothing in this section may be construed to authorize or prohibit the State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government from entering into an agreement under 8 U.S.C. Sec. 1357(g).

#### Section 1-103

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Detention facility" means any building, facility, or structure used, in whole or in part, to house or detain individuals for civil or criminal violations.

    (ii) "Detention facility" includes an immigration detention facility.

    (iii) "Detention facility" does not include a facility:

      (1)

        (A) that is a health care facility licensed under Title 19 of the Health - General Article; or

      (B) that is a residential child care program or child placement agency licensed under Title 5, Subtitle 5 of the Family Law Article; and

      (2) whose primary purpose is to provide health care, treatment, education, or rehabilitation services.

  (3) "Unit of local government" means a county, a municipality, or the Maryland-National Capital Park and Planning Commission.

(b) Notwithstanding any other provision of law, the State or a unit of local government may not approve the construction or operation of a building, a structure, or other real property to be used by a private entity as a detention facility.

(c) A private entity may not operate or occupy a building, a structure, or other real property as a detention facility.

(d) For purposes of this section, a building, a structure, or other real property shall be considered proposed for use as a detention facility, regardless of how the use is described in an application or permit request, if:

  (1) individuals are intended to be held in involuntary custody and will not be free to leave; or

  (2) the design, construction, or improvements include features consistent with secure or involuntary confinement, including:

    (i) perimeter security measures designed to prevent occupants from leaving;

    (ii) controlled access points; or

    (iii) locked holding areas.

(e)

  (1) The Attorney General may bring a civil action to enforce this section.

  (2) The court may issue temporary, preliminary, or permanent injunctive relief to prevent an act that would constitute a violation of this section.

(f) A private entity that operates or attempts to operate a detention facility in violation of this section is subject to a civil penalty not exceeding $10,000 for each day the violation continues.

(g) The remedies provided under this section are in addition to any other remedy available under State or local law.

### Subtitle 2. General Provisions

#### Section 1-201

A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.

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Md. Code Ann., Corr. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)