1. (a)

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

   2. (2)

      1. (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.
      2. (ii) “Detention facility” includes an immigration detention facility.

      3. (iii) “Detention facility” does not include a facility:

         1. 1. A. that is a health care facility licensed under title 19 of the Health--General Article; or

            1. 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. 2. whose primary purpose is to provide health care, treatment, education, or rehabilitation services.
   3. (3) “Unit of local government” means a county, a municipality, or the Maryland-National Capital Park and Planning Commission.

2. (b)

   1. (1) Notwithstanding any other provision of law, the State or a unit of local government may not approve the construction or operation of a building, structure, or other real property to be used by a private entity as a detention facility unless the building, structure, or other real property is located in a zone that expressly authorizes private detention facilities.
   2. (2) A general zoning classification authorizing government, public, or institutional uses does not constitute express authorization for a building, structure, or other real property to be used as a detention facility by a private entity.

   3. (3) Before establishing a zoning classification authorizing private detention facilities, the State or a unit of local government shall:

      1. (i) consider:

         1. 1. consistency with any comprehensive plan for the surrounding area;
         2. 2. compatibility with surrounding land uses; and
         3. 3. the ability of local infrastructure to adequately support a detention facility;
      2. (ii) provide notice to the public of the proposed zoning classification at least 120 days before enacting the classification; and
      3. (iii) solicit and hear public comments on the proposed classification in at least two separate meetings open to the public.
3. (c) A private entity may not operate or occupy a building, structure, or other real property as a detention facility without a use and occupancy authorization or change in use and occupancy approval consistent with this section.

4. (d) For purposes of this section, a building, 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. (1) individuals are intended to be held in involuntary custody and will not be free to leave; or

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

      1. (i) perimeter security measures designed to prevent occupants from leaving;
      2. (ii) controlled access points; or
      3. (iii) locked holding areas.

5. (e)

   1. (1) The Attorney General may bring a civil action to enforce this section.
   2. (2) The court may issue temporary, preliminary, or permanent injunctive relief to prevent an act that would constitute a violation of this section.
6. (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.
7. (g) The remedies provided under this section are in addition to any other remedy available under State or local law.

<Section effective upon contingency specified in Acts 2026, c. 173, § 2. See, also, section 1-103 effective until contingency specified in Acts 2026, c. 173, § 2.>

Added by Acts 2026, c. 173, § 2.