reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 5 - Ballot Drop Box › Section 2-502

The Department shall:
(1)    provide each individual who is released from a correctional facility with a voter registration application and documentation with the individual’s discharge papers that informs the individual that the individual’s voting rights have been restored;
(2)    display a sign in each parole and probation office, in a conspicuous location where notices to the public are customarily posted, indicating that any individual who is no longer incarcerated has the right to vote; and
(3)    post a notice, in a conspicuous location on the Department’s website, indicating that any individual who is no longer incarcerated has the right to vote.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-202 - Commissioner of Correction -- Appointment; Qualifications; Term; Oath; Compensation

(a)    With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction.
(b)    The Commissioner shall be an individual with maturity and judgment who has:
(1)    broad knowledge of correctional facilities and systems; and
(2)    knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of inmates.
(c)    The Commissioner serves at the pleasure of the Secretary.
(d)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e)    The Commissioner is entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-203 - Commissioner of Correction -- General Powers and Duties

(a)    Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units.
(b)    The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-205 - Commissioner of Correction -- Regulations

(a)    The Commissioner may adopt regulations for the operation and maintenance of the units in the Division.
(b)    The regulations shall provide for:
(1)    the discipline and conduct of inmates, including the character of punishments for violations of discipline; and
(2)    the duties, discipline, and conduct of officers and other employees of the units in the Division.
(c)    The regulations may allow inmates of minimum security institutions to provide services voluntarily to:
(1)    governmental units; or
(2)    charitable organizations as defined in § 6-101 of the Business Regulation Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-206 - Commissioner of Correction -- Annual Accountings

(a)    On or before July 30 of each year, the Commissioner shall submit to the Secretary an accurate, detailed statement of all receipts and disbursements of the Division during the year that ended on the preceding June 30.
(b)    The Commissioner shall verify the statement submitted under subsection (a) of this section.
(c)    The Secretary shall submit the statement received under subsection (a) of this section to the Comptroller.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-207 - Commissioner of Correction -- Annual Reports

(a)    On or before October 31 of each year, the Commissioner shall submit an annual report to the Secretary and the Governor that states, for each correctional facility in the Division:
(1)    its expenses, receipts, disbursements, condition, and progress;
(2)    the number of inmates and each inmate’s age, sex, race, place of birth and conviction, crime, and term of confinement;
(3)    the number of inmates who escape, are pardoned, or discharged;
(4)    the job classifications for inmate labor in each department and facility under the authority of the Division;
(5)    the daily wage scale at each prison for each job classification under the authority of the Division;
(6)    the total number of inmates currently employed at facilities under the authority of the Division, disaggregated by facility;
(7)    the annual cost of living for inmates, including the average cost of:
(i)    telephone calls, including calls to medical providers;
(ii)    video calls; and
(iii)    items available for purchase at a commissary, including:
1.    feminine hygiene products;
2.    toiletries; and
3.    medications; and
(8)    any remarks and suggestions the Commissioner considers necessary to advance the interests of the correctional facility.
(b)    The Commissioner shall submit with the report required by subsection (a) of this section a statement similar to the statement that is required to be submitted under § 3–206 of this subtitle.
(c)    The Commissioner shall verify the report and statement required by this section.
(d)    Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report and statement required under this section and any recommendations that the Governor considers expedient.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-207.1 - Commissioner of Correction -- Staffing Report

(a)    On or before October 31, 2017, and on or before October 31 in every odd–numbered year thereafter, the Commissioner shall submit a security and staffing report covering the prior 2–year period to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(b)    The report shall be based on a joint survey conducted by the administration of the Division of Correction and the exclusive collective bargaining representative of the employees.
(c)    The report shall include:
(1)    a post–by–post analysis that identifies the actual number of positions needed to safely and securely staff each institution;
(2)    the amount of overtime currently being used to meet minimum standards;
(3)    an accounting of all institution activities that have been impacted by staffing levels;
(4)    an assessment of expected future turnover in personnel; and
(5)    an analysis of the need for additional staff.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-208 - Deputy Commissioner -- Appointment

(a)    The Commissioner shall appoint a Deputy Commissioner.
(b)    The Deputy Commissioner is in the executive service of the State Personnel Management System and serves at the pleasure of the Commissioner.
(c)    The Deputy Commissioner shall have executive experience in and adequate knowledge of:
(1)    correctional facilities and systems; and
(2)    inmate programs.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-210 - Wardens and Administrators -- Appointment

(a)    The Commissioner shall appoint a warden or administrator for each correctional facility in the Division.
(b)    A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems.
(c)    A warden or administrator serves at the pleasure of the Commissioner.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-211 - Wardens and Administrators -- Powers and Duties

(a)    Subject to policies established by the Commissioner, each warden or administrator is in direct charge of the correctional facility to which the warden or administrator is appointed.
(b)    The warden or administrator shall:
(1)    supervise the government, discipline, and policy of the correctional facility;
(2)    direct the administering of punishment prescribed by the Commissioner under § 3-205(b)(1) of this subtitle; and
(3)    enforce the regulations and directives of the Division.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-212 - Wardens and Administrators -- Annual Reports

(a)    On or before September 30 of each year, each warden shall submit to the Commissioner a report and statement on the affairs of the correctional facility to which the warden is appointed.
(b)    (1)    The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility.
(2)    The statement shall include the information required under § 3-207(b) of this subtitle as it relates to the correctional facility.
(c)    The report and statement required by this section shall be verified by the warden of the correctional facility that is the subject of the report.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-213 - Assistant Wardens

(a)    The Commissioner may appoint one or more assistant wardens for a correctional facility.
(b)    An assistant warden shall have the same qualifications as a warden.
(c)    An assistant warden serves at the pleasure of the Commissioner.
(d)    An assistant warden shall perform the duties of the warden in the absence of the warden.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-214 - Escapees

(a)    (1)    The warden of a correctional facility or designee of the warden may issue a retake warrant for the apprehension and return of an escapee.
(2)    The warden shall submit a copy of each retake warrant to the State’s Attorney for the county in which the correctional facility from which the escape was made is located.
(b)    (1)    A sheriff or a police officer who is authorized to serve criminal process and who receives a retake warrant issued under subsection (a) of this section shall execute the warrant in accordance with the directions in the warrant.
(2)    A sheriff or police officer who makes an arrest under this subsection shall promptly notify the Division of the arrest.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-215 - Officers and Employees

(a)    In accordance with the State budget, the Division may appoint officers and other employees as necessary to operate the Division and its units efficiently and effectively.
(b)    (1)    Except as otherwise provided in this subtitle, all officers and other employees of the Division shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.
(2)    The following positions are in the executive service, the management service, or are special appointments of the skilled service or the professional service in the State Personnel Management System:
(i)    Commissioner;
(ii)    Deputy Commissioner;
(iii)    Assistant Commissioner;
(iv)    industries general manager;
(v)    warden;
(vi)    facility administrator; and
(vii)    assistant warden.
(3)    (i)    The warden of a correctional facility is the appointing officer for the officers and other employees of that facility.
(ii)    The Commissioner is the appointing officer for the other officers and employees in the Division.
(c)    The Division may provide a dwelling for a warden.
(d)    A warden may not receive any compensation or perquisite other than:
(1)    the compensation and reimbursement provided under subsection (e) of this section; and
(2)    if provided under subsection (c) of this section, a dwelling.
(e)    (1)    Officers and other employees are entitled to:
(i)    compensation as provided in the State budget; and
(ii)    reimbursement for expenses in accordance with the Standard State Travel Regulations.
(2)    Officers and other employees working 40 hours or more per week in a correctional facility are entitled to one free meal per shift as provided in the State budget.
(f)    (1)    The Secretary shall require an individual to pass a polygraph examination before being appointed to serve as a correctional officer in a correctional facility.
(2)    The Secretary shall adopt regulations governing the administration of the polygraph examination required under paragraph (1) of this subsection.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-216 - Correctional Officers -- Power of Arrest

(a)    The Commissioner shall designate correctional officers employed in each correctional facility in the Division who have the power to make arrests under § 2–207 of the Criminal Procedure Article.
(b)    A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall:
(1)    meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
(2)    complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-217 - Performance Bonds

(a)    (1)    The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes.
(2)    The Commissioner may require any officer or other employee of the Division to execute a surety bond in the amount that the Commissioner, with the approval of the Comptroller, establishes.
(3)    The bond shall be conditioned on the individual faithfully performing the duties of office and accounting for all funds officially received.
(b)    (1)    The surety bond for the Commissioner shall be issued by a corporate surety approved by the Governor.
(2)    The surety bond for any officer or other employee of the Division shall be issued by a corporate surety approved by the Commissioner and the Comptroller.
(c)    The premium for a surety bond issued under this section shall be paid by the Division.
(d)    An individual who fails to provide or maintain a surety bond as required by this section:
(1)    may not assume the duties of the individual’s position; and
(2)    after 30 days, forfeits the individual’s office or employment.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-218 - Gifts From Incarcerated Individuals

(a)    An officer or other employee of the Division may not:
(1)    accept a reward or gift, or a promise of a reward or gift, from an inmate in a correctional facility in the Division or from a person on behalf of an inmate;
(2)    receive a devise or bequest, or a promise of a devise or bequest, from an inmate in a correctional facility in the Division or from a person on behalf of an inmate; or
(3)    enter into a contract with an inmate in a correctional facility in the Division or with a person on behalf of an inmate.
(b)    A gift, reward, bequest, devise, promise, or contract accepted, received, or entered into in violation of this section is void.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-219 - Property Acquisition and Disposal

(a)    The Division may acquire property by contract, purchase, or other means as required for the Division’s use and for the use of its units.
(b)    The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units.
(c)    The Division holds title to and has possession of all property previously acquired by the former Department of Correction or any unit of that Department.
(d)    The Division holds title to and has possession of property as a trustee of the State.
(e)    The Division’s custody, use, acquisition, and conveyance of property are subject generally to the powers and functions of the Board of Public Works.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 2 - Powers and Personnel › Section 3-221 - Federal Grants and Loans

(a)    The Division may apply for and receive funds or property in the form of a grant or loan from the federal government or a unit of the federal government to establish or maintain correctional facilities in the Division on the terms that the Division approves.
(b)    The Division may not apply for a grant or loan under this section if there is a requirement to apply any of the funds or property in contravention of any provision of State law relating to correctional facilities in the Division.
(c)    The Division may not accept a loan under this section unless the Division has obtained any approval required by law.
(d)    The repayment of a loan with interest, if any, shall be made from funds appropriated to the Division in the State budget.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 3 - Prerelease Unit for Women › Section 3-301 - Authority to Operate

(a)    Subject to subsection (d) of this section, the Commissioner shall operate a comprehensive rehabilitative prerelease unit for women that:
(1)    is a separate structure in which the services specified in § 3–303(b) of this subtitle are provided;
(2)    has security features for female inmates who:
(i)    present the least risk of violence;
(ii)    present the least risk of escape; and
(iii)    have a record of satisfactory institutional behavior; and
(3)    matches security level on a validated gender–responsive risk measure.
(b)    (1)    In determining where to place a prerelease unit for women, the Commissioner shall determine into which area, defined by zip codes, the largest percentage of inmates will likely be released.
(2)    A prerelease unit for women shall be located in or adjacent to the zip codes identified in paragraph (1) of this subsection.
(c)    An inmate assigned to a prerelease unit for women may have access to the community for any purpose described in § 3–305(a) of this subtitle.
(d)    The Department shall:
(1)    identify a location, acquire property, and design a site plan for the prerelease unit for women on or before June 1, 2021;
(2)    begin construction or renovation of the facility on or before September 1, 2021; and
(3)    begin operating and providing services in the facility on or before June 1, 2023.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 3 - Prerelease Unit for Women › Section 3-303 - Comprehensive Rehabilitative Prerelease Services

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Evidence–based programs and practices” has the meaning stated in § 6–119 of this article.
(3)    “Innovative programs and practices” has the meaning stated in § 6–119 of this article.
(b)    The Commissioner shall make evidence–based and gender–responsive services available to female inmates at the prerelease unit for women required under § 3–301 of this subtitle.
(c)    The comprehensive rehabilitative prerelease services shall utilize evidence–based programs and practices and innovative programs and practices to:
(1)    assist female inmates in improving their education, upgrading vocational skills, and obtaining suitable employment through classes to earn industry certification or community college credits, workforce training, and job placement;
(2)    provide female inmates with the opportunity to strengthen family and community relationships through extended family leave, parenting workshops, and family reunification assistance;
(3)    provide integrative and gender–responsive services, including medical treatment, trauma–informed counseling, mental health treatment, and substance use disorder treatment to address overall health and trauma needs and help female inmates achieve stable and productive roles in society; and
(4)    develop individualized and comprehensive reentry plans involving community provider partnerships for female inmates to reduce barriers to obtaining housing, jobs, education, health care, childcare and child welfare, transportation, legal advocacy, case management, and other needs.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 3 - Prerelease Unit for Women › Section 3-304 - Contracts and Purchase of Service Agreements

(a)    By contract or purchase of service agreement, the Division may arrange for a person or governmental unit to provide comprehensive rehabilitative prerelease services in a prerelease unit for women.
(b)    With the Secretary’s approval, the Commissioner may contract with a person or a municipal or county authority to provide food, housing, transportation, and programs to inmates in a prerelease unit for women.
(c)    Under a contract with the federal government, the Commissioner may house federal inmates in a prerelease unit for women.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 3 - Prerelease Unit for Women › Section 3-305 - Leave for Incarcerated Individuals

(a)    Subject to regulations adopted by the Commissioner, the Commissioner may delegate to the facility administrator of a prerelease unit for women the authority to grant inmates the privilege of leaving the confines of the unit for the purpose of:
(1)    engaging in or seeking employment;
(2)    participating in educational programs or vocational training;
(3)    participating in community or civic activities;
(4)    participating in volunteer work;
(5)    participating in athletic competition; or
(6)    making personal or family visits.
(b)    When outside the confines of a prerelease unit for women, an inmate shall carry, at all times, a copy of the form signed by the facility administrator containing the conditions governing the grant of leave.
(c)    (1)    An inmate who is on leave is deemed to be in the custody of the Commissioner to the same extent and subject to the same supervision and control as an inmate who is actually in confinement.
(2)    An inmate who escapes while on leave under this section is subject to the penalties in § 9-404 of the Criminal Law Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-404 - Eligibility

An inmate is not eligible for the program if the inmate:
(1)    is serving a life sentence;
(2)    has been found guilty of a crime of violence as defined in § 14-101 of the Criminal Law Article unless:
(i)    5 years have elapsed since expiration of the sentence for the crime of violence; or
(ii)    the inmate is within 90 days of release on parole or mandatory supervision; or
(3)    has been found guilty of the crime of:
(i)    child abuse under § 3-601 or § 3-602 of the Criminal Law Article; or
(ii)    escape under § 9-404 of the Criminal Law Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-406 - Restrictions on Movement

While in the program, an inmate must remain in the inmate’s approved dwelling except:
(1)    with the approval of the program administrator, to go directly to and from:
(i)    the inmate’s approved place of employment;
(ii)    medical or mental health treatment; or
(iii)    offices of the Department;
(2)    as required by legitimate medical or other emergencies; or
(3)    as otherwise allowed or directed by the program administrator.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-407 - Living Expenses and Support Payments

(a)    An inmate in the program is responsible for all of the inmate’s living expenses, including those for food, clothing, shelter, and utilities.
(b)    Unless otherwise allowed by the Commissioner or the Commissioner’s designee, as a condition of participation in the program, an inmate shall make any court ordered payments for the support of dependents.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-408 - Restitution and Fees

(a)    To satisfy court ordered restitution that an inmate in the program owes, the Division shall:
(1)    determine the amount of reasonable payments; and
(2)    collect and disburse the payments.
(b)    (1)    The Division shall establish a reasonable fee for the cost of electronic supervision and, except as provided in paragraph (2) of this subsection, collect the fee from each inmate in the program.
(2)    If the Division determines that an inmate cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the inmate wholly or partly from the fee.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-409 - Prohibited Acts

(a)    (1)    An inmate who willfully violates the conditions of the inmate’s placement in the program is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year.
(2)    Notwithstanding § 9-104 of this article, a sentence under this subsection may be to the jurisdiction of the Division.
(b)    Commission of any crime by an inmate constitutes a violation of the conditions of the inmate’s placement in the program.
(c)    An inmate who knowingly violates § 3-406 of this subtitle is guilty of escape and on conviction is subject to the penalties of § 9-404 of the Criminal Law Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-412 - Correctional Employees

(a)    The Commissioner shall employ correctional employees to monitor and provide security for inmates in the program.
(b)    A correctional employee designated to monitor inmates in the program may:
(1)    obtain and execute search warrants as authorized under § 3–415 of this subtitle; and
(2)    make arrests as authorized under § 2–207 of the Criminal Procedure Article.
(c)    A correctional employee authorized to make arrests under this section shall:
(1)    meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
(2)    complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-414 - Regulations

(a)    With the Secretary’s approval, the Commissioner shall adopt regulations to implement the program.
(b)    Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-415 - Search Warrants

(a)    The Commissioner or the Commissioner’s designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an inmate in the program to search for the inmate.
(b)    An application for a search warrant shall:
(1)    be in writing;
(2)    be verified by the applicant; and
(3)    describe the premises to be searched and the nature, scope, and purpose of the search.
(c)    A judge who receives an application for a search warrant may issue a warrant on a finding that:
(1)    the scope of the proposed search is reasonable; and
(2)    obtaining consent to enter the premises may jeopardize the attempt to take custody of the inmate.
(d)    (1)    A search warrant issued under this section shall specify the location of the premises to be searched.
(2)    A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
(e)    A search warrant issued under this section shall be executed and returned to the issuing judge:
(1)    within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
(2)    within 15 days after the warrant is issued, if no period is specified in the warrant.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 4 - Home Detention Program › Section 3-405

An inmate may be placed in the program if:
(1)    the inmate agrees to waive the inmate’s right to contest extradition;
(2)    the Commissioner or the Commissioner’s designee approves the placement; and
(3)    the inmate has served any statutorily imposed minimum sentence, less the allowances for diminution of the inmate’s term of confinement provided under Subtitle 7 of this title and § 6-218 of the Criminal Procedure Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Chief Executive Officer” means the Chief Executive Officer of Maryland Correctional Enterprises.
(c)    “Contracting unit” means a unit of State government that is:
(1)    authorized to contract for goods and services; or
(2)    responsible for procurement of goods and services.
(d)    “Management Council” means the Maryland Correctional Enterprises Management Council.
(e)    “Political subdivision” means a county, municipal corporation, or special taxing district.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-502 - Legislative Policy

The purpose of this subtitle is to establish a Maryland Correctional Enterprises organization in the Division that:
(1)    is financially self-supporting, generates revenue for its operations and capital investments, and reimburses the Division at a reasonable rate for services exchanged between the Division and Maryland Correctional Enterprises;
(2)    provides meaningful work experiences for inmates that are intended to allow inmates to improve work habits, attitudes, and skills for the purpose of improving the employability of the inmates on release;
(3)    seeks to develop industries that provide full-time work experience or rehabilitation programs for all eligible inmates;
(4)    operates correctional industries in an environment that resembles as closely as possible the environment of private sector business operations; and
(5)    makes the Division responsible for and accountable to the Secretary and the Governor for the Maryland Correctional Enterprises program.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-506 - Staff

(a)    (1)    The Chief Executive Officer:
(i)    shall determine the personnel requirements of Maryland Correctional Enterprises;
(ii)    is the appointing authority for all personnel of Maryland Correctional Enterprises; and
(iii)    may hire individuals and inmates consistent with existing policies and procedures of Maryland Correctional Enterprises as of July 1, 2012.
(2)    The number of positions for Maryland Correctional Enterprises shall be included within the total personnel allocations provided for the Department.
(b)    Special appointment positions in Maryland Correctional Enterprises are managerial, supervisory, and confidential positions.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-507 - Budget; Funding

(a)    The Department shall include the budget for Maryland Correctional Enterprises in the Department’s budget.
(b)    (1)    Maryland Correctional Enterprises may establish a revolving fund to contain an amount that the Treasurer approves.
(2)    (i)    Subject to the provisions of subparagraph (ii) of this paragraph, the revolving fund may be used for general operating expenses and the purchase of capital assets.
(ii)    The revolving fund may be used to provide financial assistance, up to $250,000 in a fiscal year, to the Division of Correction to establish and operate employment readiness training programs and transitional services to rehabilitate inmates currently or previously employed by Maryland Correctional Enterprises.
(3)    The revolving fund established under paragraph (1) of this subsection is not subject to § 7–302 of the State Finance and Procurement Article.
(4)    Maryland Correctional Enterprises shall submit an annual statement to the Comptroller and the Treasurer that provides an accurate and detailed accounting of all receipts and disbursements from the revolving fund.
(c)    General Fund money may be appropriated to Maryland Correctional Enterprises to be used for the direct expenses of training inmates.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-508 - Records; Financial Statements

(a)    The Division shall:
(1)    formulate an accounting and record system that at all times indicates the source, nature, and extent of purchases and sales of Maryland Correctional Enterprises; and
(2)    maintain accounting records and prepare financial statements in accordance with generally accepted accounting principles for enterprise fund type activities.
(b)    The financial statements required under subsection (a)(2) of this section shall be prepared and available for audit purposes not later than 60 days after the close of each fiscal year.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-509 - Annual Report

(a)    Annually, the Division shall submit a complete financial and operational report of Maryland Correctional Enterprises and the Maryland Correctional Enterprises revolving fund to:
(1)    the Governor;
(2)    the Secretary; and
(3)    the Secretary of Budget and Management.
(b)    The report required under subsection (a) of this section shall:
(1)    be in the same general form as a report by the Division on its operations and programs;
(2)    include information about present and projected personnel and compensation requirements of Maryland Correctional Enterprises;
(3)    list the job classifications for inmate labor in each department and facility under the authority of Maryland Correctional Enterprises;
(4)    list the daily wage scale at each prison for each job classification under the authority of Maryland Correctional Enterprises;
(5)    list the total number of inmates currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by facility; and
(6)    list the race, age, and sex of inmates currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by job classification and wage scale.
(c)    The Governor, the Secretary, and the Secretary of Budget and Management may include data from the report submitted under this section in the preparation of the budget and capital improvement bill.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-511 - Program Development; Access to Personal Information Prohibited

(a)    The Commissioner and the Chief Executive Officer may develop programs to provide services or produce goods used by:
(1)    units of State government;
(2)    political subdivisions of the State;
(3)    units of the federal government;
(4)    units of other states; or
(5)    political subdivisions of other states.
(b)    (1)    The Commissioner and the Chief Executive Officer, with the approval of the Secretary, may develop training programs to provide construction and construction–related services, as defined in Title 11, Subtitle 1 of the State Finance and Procurement Article, for State correctional facilities.
(2)    The training programs will be developed in consultation with the Maryland and District of Columbia Building Trades Councils.
(3)    The programs established under paragraph (1) of this subsection are not subject to:
(i)    the provisions of § 3–515 of this subtitle; or
(ii)    except for § 11–101 of the State Finance and Procurement Article, the provisions of Division II of the State Finance and Procurement Article.
(4)    A construction project under paragraph (1) of this subsection may not exceed $500,000 in total costs per unrelated project as determined by the Secretary.
(c)    (1)    In this subsection, “personal information” means an individual’s:
(i)    Social Security number; or
(ii)    credit card or financial information.
(2)    A program may not allow an inmate to have access to the personal information of another.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-512 - Program Development -- Uniform Standards

(a)    In accordance with subsection (b) of this section and after consulting with the Department of General Services, other contracting units, and political subdivisions, the Division and Maryland Correctional Enterprises shall establish uniform standards for quality, quantity, style, design, delivery, scheduling, and pricing.
(b)    (1)    The uniform standards developed under subsection (a) of this section shall be designed to reflect planned and forecasted product lines and production operations of Maryland Correctional Enterprises, commensurate with the production ability of Maryland Correctional Enterprises.
(2)    After review by the Management Council, Maryland Correctional Enterprises shall send the standards to the appropriate contracting units for inclusion in annual goods and service procurement contracts.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-513 - Program Development -- Occupational Experience

(a)    In accordance with subsection (b)(1) of this section, the Commissioner and Chief Executive Officer shall develop programs to provide inmates with occupational experience to complement personnel development plans of the State Department of Education and other units of State government serving inmates in the Division.
(b)    (1)    In establishing programs required under subsection (a) of this section, the Commissioner and Chief Executive Officer shall consult with:
(i)    the Assistant Secretary for the Division of Employment and Training, Maryland Department of Labor;
(ii)    the Assistant State Superintendent for the Division of Career Technology and Adult Learning, State Department of Education;
(iii)    the Commissioner of the Division of Labor and Industry, Maryland Department of Labor; and
(iv)    the Director of the Correctional Education Program, State Department of Education.
(2)    The individuals listed in paragraph (1) of this subsection shall provide appropriate assistance to the Commissioner and Chief Executive Officer in carrying out this section.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-514 - Compensation for Incarcerated Individual Labor

(a)    The Commissioner and Chief Executive Officer shall establish the compensation rate for inmate labor in Maryland Correctional Enterprises, taking into consideration other wage payments and incentives in other programs.
(b)    After review by the Management Council, and after consideration of any recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that govern the method and time of compensation payments.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-515 - Procurement

(a)    A unit of State government shall purchase from Maryland Correctional Enterprises any goods or services that are available from Maryland Correctional Enterprises and that Maryland Correctional Enterprises can provide at a price not exceeding the prevailing average market price as determined by the Pricing and Selection Committee for Preferred Providers.
(b)    The Pricing and Selection Committee for Preferred Providers shall review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises:
(1)    when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises; and
(2)    for new goods or services that Maryland Correctional Enterprises intends to make available.
(c)    (1)    The contracting unit shall inform each unit of State government for which it procures goods or services within 60 days after the award of a contract.
(2)    Quarterly, each unit that requires goods or services for its operations shall inform Maryland Correctional Enterprises of its anticipated orders during the next 3–month period.
(3)    If Maryland Correctional Enterprises is unable to provide any of the goods or services under the contract, Maryland Correctional Enterprises shall notify the contracting unit so that appropriate alternative action may be taken to meet the needs of units of State government for which the contracting unit procures goods or services.
(d)    The Board of Public Works:
(1)    shall suspend the application of subsection (a) of this section if the Board of Public Works finds that the purposes of Division II of the State Finance and Procurement Article are being unduly eroded due to the volume and scope of activities and sales by Maryland Correctional Enterprises; and
(2)    may suspend the application of subsection (a) of this section for data entry services that involve information that is protected from disclosure under Title 4 of the General Provisions Article.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-516 - Sales on Open Market

(a)    Except as authorized under subsection (b) of this section, goods and services of Maryland Correctional Enterprises may not be sold on the open market.
(b)    Goods and services of Maryland Correctional Enterprises may be sold on the open market:
(1)    if they are produced or provided by an individual on parole or in a work release program;
(2)    if the sale is made to a charitable, civic, educational, fraternal, or religious agency, association, or institution for its own use and not for resale within 1 year of the purchase;
(3)    to a person for national defense purposes if not prohibited by an act of Congress;
(4)    if they are surplus goods remaining after meeting the forecasted requirements of units of State government and political subdivisions and the goods remain unsold 1 year after being produced;
(5)    for use by a contractor or subcontractor in performance of a contract with a unit of State government or any other governmental unit in the State;
(6)    as allowed under the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance; or
(7)    if they are related to the preparation or distribution of food or services related to agriculture or seafood processing, when the following conditions are met:
(i)    the State labor pools are diminished; and
(ii)    it has been determined that inmate labor is the available source.
(c)    (1)    The Secretary and the Secretary of Labor shall adopt regulations that specify how to determine the need for inmate labor under subsection (b)(7) of this section.
(2)    Wages paid to inmates under subsection (b)(7) of this section may not be less than wages paid for similar work in the private sector of the same locality as determined by the Secretary of Labor.
(3)    Inmate labor under subsection (b)(7) of this section applies only to inmates at the minimum, prerelease, and work release security levels.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-518 - Maryland Correctional Enterprises Management Council -- Membership

(a)    The Management Council consists of the following 15 members:
(1)    the Commissioner;
(2)    a representative of the Comptroller of the Treasury, appointed by the State Comptroller;
(3)    the Chief Executive Officer;
(4)    a member of the House of Delegates, appointed by the Speaker of the House of Delegates;
(5)    a member of the Senate, appointed by the President of the Senate;
(6)    a representative of the University System of Maryland, appointed by the Chancellor;
(7)    a representative of the State Department of Education, appointed by the Governor;
(8)    a representative of the Maryland Department of Labor, appointed by the Governor;
(9)    a representative of the Governor’s Office of Crime Prevention, Youth, and Victim Services, appointed by the Governor;
(10)    two representatives of organized labor, one from the public sector and one from the private sector, appointed by the Governor in accordance with subsection (b) of this section;
(11)    a judge, appointed by the Chief Judge of the Maryland Court of Appeals;
(12)    two representatives of the business community selected from the fields of manufacturing, services, finance, and information technology, appointed by the Governor in accordance with subsection (b) of this section; and
(13)    one representative of a nonprofit organization, appointed by the Governor in accordance with subsection (b) of this section.
(b)    (1)    The term of a member appointed under subsection (a)(10), (12), and (13) of this section is 3 years.
(2)    At the end of a term the member continues to serve until a successor is appointed and qualifies.
(3)    A member appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Correctional Services › Title 3 - Division of Correction › Subtitle 5 - Maryland Correctional Enterprises › Section 3-520 - Maryland Correctional Enterprises Management Council -- Meetings; Quorum; Compensation; Liability; Staff; Budget

(a)    The Management Council shall determine the times and places of its meetings.
(b)    Eight members of the Management Council constitute a quorum.
(c)    A member of the Management Council:
(1)    may not receive compensation for membership on the Management Council; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    Except as provided in subsection (e) of this section, the State, the Management Council, and the members and employees of the Management Council may not be held liable for any act or omission of the Management Council or any member or employee of the Management Council in connection with the performance of their duties.
(e)    Subsection (d) of this section does not apply in the case of willful malfeasance or breach of trust by the State, the Management Council, or any member or employee of the Management Council.
(f)    The Secretary shall employ staff for the Management Council to be paid out of funds from Maryland Correctional Enterprises, in accordance with the State budget.
(g)    (1)    For fiscal year 2000 and each fiscal year thereafter, the Management Council shall prepare a budget for submission to the Secretary.
(2)    The Secretary shall request an appropriation for the Management Council in the annual State budget sufficient for the operation of the Council.