Maryland has enacted a new law restricting drone use near correctional facilities, effective October 1, 2024. SB 273 — State and Local Correctional Facilities – Operation of Unmanned Aircraft – Image Recording and Delivery of Contraband — addresses unauthorized drone activities that pose significant security risks for incarcerated persons and correctional staff.
While the Federal Aviation Administration broadly governs Drone operations in Maryland, the General Assembly enacted supplemental rules specific to Maryland drone operations. As such, Maryland law preempts local governments from enacting local ordinances that prohibit, restrict, or regulate the testing or operation of drones.
Drones increasingly smuggle contraband into jails and prisons, including narcotics, weapons, and cell phones. While the Department of Public Safety and Correctional Services (DPSCS) can prohibit the use of UAVs above State correctional facilities through policy, there is no statute specifically prohibiting the activity and, therefore, no associated criminal penalty.
The new law prohibits operating drones over correctional facilities without authorization, expressly targeting drones used to take unauthorized images and deliver items such as drugs, cell phones, and weapons. Violators face fines of up to $1,000 and prison sentences of up to three years. Facilities must post visible signage warning of these prohibitions.
While some public safety agencies deploy UAVs to enhance emergency response operations, drone delivery of contraband is an increasingly vexing problem for state and local corrections officials.
Eye in the Sky: New Tech Enhancing Public Safety
Drones offer unparalleled aerial views, providing first responders and law enforcement agencies with real-time situational awareness during emergencies, natural disasters, and large-scale events. However, the widespread use of drones and other new technologies raises privacy concerns and comes with new regulatory challenges.
At this year’s MACo Summer Conference session, “Eye in the Sky: New Tech Enhancing Public Safety,” an expert panel will share best practices and implementation strategies for leveraging new technologies to enhance public safety.
MACo’s Summer Conference, “Turning the Tide,” is August 14-17, 2024, at the Roland Powell Convention Center in Ocean City, Maryland.
Learn more about MACo’s Summer Conference:
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- Questions? Contact Virginia White