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§ 1-102. Immigration detention facilities and agreements

West's Annotated Code of MarylandCorrectional ServicesEffective: January 5, 2022

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 1. Definitions; General Provisions
Subtitle 1. Definitions
Effective: January 5, 2022
MD Code, Correctional Services, § 1-102
§ 1-102. Immigration detention facilities and agreements
Currentness
(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. § 1357(g).

Credits

Added by Acts 2021, 1st Sp. Sess., c. 19, § 1, eff. Jan. 5, 2022.
MD Code, Correctional Services, § 1-102, MD CORR SERV § 1-102
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document