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Maryland prohibits state and local governments from approving private detention facilities unless expressly zoned

Original title: Correctional Services - Private Detention Facilities - Zoning Requirement

Last action · March 26, 2026: Hearing 4/02 at 1:00 p.m.Sponsor: Will Smith

Companion · HB 1017same policy, House version
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Maryland Senate Bill 984 bars state and local governments from approving real property for private detention or immigration detention facilities unless the specific use is expressly authorized by zoning law. The measure applies retroactively to prior agreements and authorizes the Attorney General to seek civil injunctions and penalties of up to $10,000 per day for violations.

Why it matters

Private operators and local jurisdictions face restrictions on siting detention facilities, while the state gains enforcement powers through the Attorney General to halt unapproved projects and assess daily fines.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

State of Maryland

Prohibited from approving private detention facilities without express zoning and empowered to enforce restrictions through the Attorney General.

Directly affected

Units of local government

Restricted from approving real property for private detention facilities unless the use is expressly included in applicable zoning authority.

Directly affected

Private entities operating detention facilities

Subject to strict zoning requirements, use approvals, civil penalties up to $10,000 per day for violations, and retroactive application of the Act to existing agreements.

Key Facts

  • State and local governments are prohibited from approving real property for private detention or immigration detention facilities unless express zoning authority applies.
  • General zoning classifications authorizing government, public, or institutional uses do not constitute express authorization for private detention facilities.
  • Private entities are barred from operating or occupying property as a detention facility without proper use and occupancy approval consistent with the Act.
  • Properties are deemed detention facilities if individuals are held in involuntary custody or if the design includes secure confinement features like perimeter security or locked holding areas.
Show all 8 facts
  • The Attorney General is authorized to bring civil actions and seek temporary, preliminary, or permanent injunctive relief.
  • Violators are subject to a civil penalty not exceeding $10,000 for each day the violation continues.
  • The Act applies retroactively to agreements entered into before the effective date, regardless of permits issued or investments made.
  • The measure is enacted as an emergency measure taking effect upon enactment.

Frequently Asked Questions

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News Coverage

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Where This Stands

Currently passed chamber. The next step in the legislative lifecycle is Law.

Procedural history

9 actions
  1. Mar 26, 2026House
    Hearing 4/02 at 1:00 p.m.
  2. Mar 24, 2026HouseCommittee
    Referred Government, Labor, and Elections
  3. Mar 23, 2026SenateFloor
    Third Reading Passed (31-10)
  4. Mar 20, 2026SenateFloor
    Second Reading Passed with Amendments
  5. Mar 20, 2026Senate
    Favorable with Amendments { 813023/1 Adopted
  6. Mar 20, 2026SenateCommittee
    Favorable with Amendments Report by Judicial Proceedings
Show 3 earlier actions
  1. Mar 6, 2026Senate
    Hearing 3/12 at 1:00 p.m.
  2. Mar 4, 2026SenateCommittee
    Rereferred to Judicial Proceedings
  3. Feb 15, 2026SenateIntroduced
    First Reading Senate Rules

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Attorney General
OrganizationAttorney General“Authorized to bring civil actions to enforce the Act.”Map →

Sources

Open source document

mgaleg.maryland.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz45
    Current news / social attention level

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