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Bill > SB786


MD SB786

MD SB786
Correctional Services - Private Detention Facilities - Deprivation of Rights, Privileges, and Immunities


summary

Introduced
01/31/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Prohibiting a person from depriving an individual in a private detention facility of any right, privilege, or immunity secured or protected by the United States Constitution, the Maryland Constitution, the Maryland Declaration of Rights, or any state or federal law; authorizing the Office of the Attorney General to investigate a violation of the Act; authorizing the Office of the Attorney General to file a civil action against a person for a violation of the Act under certain circumstances; etc.

AI Summary

This bill establishes comprehensive protections for individuals housed in private detention facilities in Maryland by prohibiting any deprivation of constitutional or legal rights. The bill defines a "private detention facility" as a facility owned, managed, or operated by a private entity under contract with a government entity to house or detain individuals. The Office of the Attorney General is granted broad investigative powers, including the ability to issue subpoenas, enter facilities, conduct interviews, and compel witness testimony. If a violation is found, the Attorney General must notify the local governing body and may file a civil action to enforce the law, but must first conduct an investigation and provide notice to the alleged violator. The bill allows for significant legal remedies, including economic and noneconomic damages up to $25,000 per violation, and permits the court to grant injunctive relief to stop ongoing violations. The legislation aims to ensure that individuals in private detention facilities are treated with fundamental rights and protections, regardless of their detention status, and provides a mechanism for holding private detention facilities accountable for potential rights violations. The law is set to take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

Withdrawn by Sponsor (on 03/03/2025)

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