reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 3 - Sundry Claims Board › Section 10-306 - Oaths, Witnesses, Documents, and Subpoenas

(a)    With respect to any claim, a member of the Board may:
(1)    administer oaths; and
(2)    issue subpoenas to compel:
(i)    the attendance of witnesses; and
(ii)    the production of pertinent records or documents.
(b)    The Board may petition a circuit court for an order of contempt against a person who refuses to:
(1)    comply with a subpoena issued by a Board member;
(2)    comply with a request by a Board member to be sworn to an oath; or
(3)    answer as a witness before the Board.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 3 - Sundry Claims Board › Section 10-307 - Disposition of Claims

(a)    (1)    The Board shall investigate each claim filed under § 10-305 of this subtitle.
(2)    After its investigation, the Board shall:
(i)    approve the claim;
(ii)    approve the claim subject to conditions and limitations; or
(iii)    disapprove the claim.
(b)    The Board shall append to the original papers representing the claim a concise written statement of the facts developed in the proceedings on which its approval, conditional or limited approval, or disapproval is based.
(c)    (1)    The Board shall file the original papers representing the claim and all appended documents in the office of the Secretary.
(2)    (i)    The Board shall send a copy of the original papers representing the claim and all appended documents to:
1.    the Comptroller; and
2.    the Secretary of Budget and Management.
(ii)    The Comptroller and the Secretary of Budget and Management shall keep a record of the documents sent by the Secretary under item (i) of this paragraph.
(3)    The original papers representing the claim and all appended documents constitute a permanent claims record.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 3 - Sundry Claims Board › Section 10-308 - Claim Payments

(a)    In determining what compensation, if any, to allow a claimant, the Board shall consider:
(1)    the good faith of the claimant;
(2)    the possibility that the alleged injury was self-inflicted or not accidental;
(3)    the extent and nature of the injury;
(4)    the degree of disability;
(5)    the period of disability or incapacity for other work; and
(6)    the ordinary earning power of the claimant.
(b)    (1)    The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim.
(2)    The Board shall pay to the claimant or the claimant’s representative any compensation approved by the Board and included in the State budget.
(c)    The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board.
(d)    An inmate working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program:
(1)    is excluded from the jurisdiction of the Board; and
(2)    shall be administered benefits as provided under Title 9 of the Labor and Employment Article.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 3 - Sundry Claims Board › Section 10-309 - Judicial Review

(a)    (1)    A claimant aggrieved by a final determination of the Board may file a petition for judicial review in the circuit court of the county where the injury occurred or where the claimant resides.
(2)    The Board may be a party to the action.
(b)    The circuit court may:
(1)    affirm the Board’s determination;
(2)    reverse or modify a determination it finds to be arbitrary or unreasonable; or
(3)    remand the case and direct the Board to consider the matter further or make additional findings of fact.
(c)    The claimant or the Board may appeal a decision of the circuit court to the Court of Special Appeals.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 4 - Citizens' Advisory Committee › Section 10-402 - Established

There is a citizens’ advisory committee for the State correctional facilities located in or planned for location in each of the following areas:
(1)    Baltimore City;
(2)    Cumberland;
(3)    Hagerstown;
(4)    Jessup; and
(5)    Somerset County.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 4 - Citizens' Advisory Committee › Section 10-403 - Membership

(a)    Except as provided in subsection (f)(1) of this section, a committee consists of the following seven members:
(1)    one member appointed by the Governor and nominated by the Senator of the legislative district in which the State correctional facilities are located or planned for location;
(2)    three members appointed by the Governor, each one nominated by a different Delegate in the legislative district in which the State correctional facilities are located or planned for location; and
(3)    three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee.
(b)    The Governor shall appoint each individual nominated by a Senator or Delegate for a vacancy on a committee within 60 days after receipt of the nominee’s name.
(c)    (1)    Each member nominated by a Senator or Delegate must be a resident of the legislative district in which the State correctional facilities are located or planned for location.
(2)    Each member appointed by the Governor under subsection (a)(3) of this section, must be a resident of the county in which the State correctional facilities are located or planned for location.
(d)    (1)    Except as provided in subsection (f)(3) of this section and except for the initial appointments to a committee, the term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the committee on October 1, 1999.
(e)    (1)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(2)    A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
(f)    (1)    In Somerset County, the committee consists of the following eight members:
(i)    one member appointed by the Governor and nominated by the Senator from Legislative District 38;
(ii)    three members appointed by the Governor, each one nominated by a different Delegate from Legislative District 38;
(iii)    three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee; and
(iv)    a Somerset County Commissioner appointed by the Board of County Commissioners of Somerset County.
(2)    Each member of the committee must be a resident of Somerset County.
(3)    The term of the Somerset County Commissioner appointed under paragraph (1)(iv) of this subsection is equal to the Commissioner’s elected term.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 4 - Citizens' Advisory Committee › Section 10-405 - Quorum; Meetings; Compensation

(a)    A majority of the members then serving on a committee is a quorum.
(b)    (1)    Each committee shall meet at least once every 3 months.
(2)    The meetings of each committee shall be held:
(i)    in a State correctional facility in a space designated by the managing official of the facility; or
(ii)    if a State correctional facility is being planned, in a location accessible to the members of the committee.
(c)    A member of a committee may not receive compensation.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 4 - Citizens' Advisory Committee › Section 10-407 - Powers

A committee may:
(1)    report to the Commissioner of Correction and the Governor about the concerns of the people who reside in the vicinity of each State correctional facility assigned to the committee;
(2)    be available to interpret programs and problems relating to each State correctional facility assigned to the committee to the people who reside in the vicinity of each facility; and
(3)    perform other services and responsibilities considered necessary.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 5 - Inmate Welfare Funds › Section 10-502 - Established; Uses

(a)    There is an inmate welfare fund in each State correctional facility.
(b)    A fund may be used only for goods and services that benefit the general inmate population as defined by regulations that the Department adopts.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 5 - Inmate Welfare Funds › Section 10-503 - Status; Investments

(a)    (1)    Each fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    (i)    Each fund consists of:
1.    profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions; and
2.    subject to subparagraph (ii) of this paragraph, money received from other sources.
(ii)    Money from the General Fund of the State may not be transferred by budget amendment or otherwise to a fund.
(3)    The Treasurer shall separately hold and the Comptroller shall account for each fund.
(4)    Each fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.
(b)    (1)    Each fund shall be invested and reinvested in the same manner as other State funds.
(2)    Any investment earnings are not a part of the fund.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 6 - Correctional Facilities Operated by Other States › Section 10-601 - Correctional Facilities Operated by Other States

(a)    As used in this section, “facility” means a correctional facility of any kind for adults or juveniles.
(b)    Another state may not begin construction or otherwise locate a facility in this State unless the other state submits a written request for approval to construct or locate the facility to and receives approval from:
(1)    the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
(2)    the Secretary of Juvenile Services, in the case of a facility for juveniles.
(c)    (1)    The Secretary of Public Safety and Correctional Services may approve or disapprove a request for approval to construct or locate a facility for adults in this State.
(2)    The Secretary of Juvenile Services may approve or disapprove a request for approval to construct or locate a facility for juveniles in this State.
(3)    Approval or disapproval shall be:
(i)    after consultation with the Governor, the governing body of the county in which the facility will be located, and the community in which the facility will be located; and
(ii)    in accordance with applicable standards concerning the location of facilities.
(d)    If another state has an existing facility in this State, the other state may not increase the inmate population of that facility by more than 5% unless the other state first submits a written request for the increase to and receives approval for the increase from:
(1)    the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
(2)    the Secretary of Juvenile Services, in the case of a facility for juveniles.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 7 - Intelligence and Investigative Division › Section 10-702 - Warrant Apprehension Unit -- Authorized Actions -- Individual Training -- Powers

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Offender” has the meaning stated in § 6–101 of this article.
(3)    “Program” has the meaning stated in § 6–101 of this article.
(b)    There is a Warrant Apprehension Unit in the Intelligence and Investigative Division.
(c)    The Director of the Intelligence and Investigative Division may authorize employees of the Warrant Apprehension Unit of the Intelligence and Investigative Division to:
(1)    execute warrants for the retaking of offenders;
(2)    execute warrants for the arrest of probationers for whom a warrant is issued for an alleged violation of probation;
(3)    obtain and execute search warrants as authorized under § 6–109 of this article; and
(4)    arrest offenders in the program as authorized under § 2–207 of the Criminal Procedure Article.
(d)    An Intelligence and Investigative Division employee who is 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.
(e)    An Intelligence and Investigative Division employee who is authorized to make arrests under this section may also exercise the powers of a peace officer and police officer.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Appointing authority” has the meaning stated in § 1–101 of the State Personnel and Pensions Article.
(c)    “Correctional officer” means an employee of the Department working in a State correctional facility who serves in the classification of correctional officer II, sergeant, lieutenant, captain, or major, and includes:
(1)    a correctional dietary officer;
(2)    a correctional maintenance officer;
(3)    a correctional laundry officer;
(4)    a correctional recreation officer; and
(5)    a correctional supply officer.
(d)    (1)    “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence, or a contested case proceeding before the Office of Administrative Hearings, elected by the correctional officer.
(2)    “Hearing” does not include an interrogation at which no testimony is taken under oath.
(e)    “Hearing board” means a hearing board that is authorized under § 10–908 of this subtitle to hold a hearing on a complaint against a correctional officer.
(f)    “Intelligence and Investigative Division” means the Intelligence and Investigative Division established under § 10–701 of this title.
(g)    “Misconduct” means:
(1)    engaging in intentional behavior, without justification, that injures another person, causes damage to property, or threatens the safety of the workplace;
(2)    engaging in unjustifiably offensive conduct toward fellow employees, inmates, or the public;
(3)    using excessive force in the treatment or care of an inmate;
(4)    possessing or trafficking in contraband at a Department facility;
(5)    being on duty while under the influence of alcohol or a controlled dangerous substance, or while engaged in the illegal use of a prescription drug;
(6)    engaging in a social, personal, intimate, or sexual relationship with an inmate;
(7)    stealing State property with a value of $300 or less;
(8)    engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;
(9)    willfully making a false official statement or report;
(10)    violating a lawful order or failing to obey a lawful order given by a superior;
(11)    engaging in any of the actions that are cause for automatic termination of employment under § 11–105 of the State Personnel and Pensions Article; or
(12)    committing any violation of the Department’s Standards of Conduct.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-902 - Purpose of Subtitle; Disciplinary Actions

(a)    The purpose of this subtitle is to establish exclusive procedures for the investigation and discipline of a correctional officer for alleged misconduct.
(b)    The disciplinary actions authorized under this subtitle are those authorized under §§ 11–104 and 11–105 of the State Personnel and Pensions Article.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-903 - Conflict of Provisions; Authority to Regulate

(a)    Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State law, including § 11–106 of the State Personnel and Pensions Article, that conflict with this subtitle to the extent of the conflict.
(b)    This subtitle does not limit the authority of the appointing authority to regulate the competent and effective operation and management of a State correctional facility by reasonable means including the transfer and reassignment of employees if:
(1)    that action is not punitive in nature; and
(2)    the appointing authority determines that action to be in the best interests of the internal management of the correctional facility.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-904 - Correctional Officer's Rights

(a)    A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless the disclosure is required by federal or State law or the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s duties.
(b)    A correctional officer may not be discharged, disciplined, or demoted, denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
(1)    has exercised or demanded the rights granted by this subtitle; or
(2)    has lawfully exercised constitutional rights.
(c)    The right of a correctional officer to bring suit arising out of the correctional officer’s duties as a correctional officer may not be abridged by rule, regulation, or policy.
(d)    A correctional officer may waive any or all of the rights under this subtitle if:
(1)    the waiver is signed and acknowledged by the correctional officer; and
(2)    the waiver is given after the correctional officer is given an opportunity to consult with legal counsel selected by the correctional officer or a representative from the correctional officer’s employee organization.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-906 - Order to Show Cause

(a)    A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order to show cause why the right should not be granted.
(b)    The correctional officer may apply for the show cause order:
(1)    either individually or through the correctional officers’ exclusive bargaining representative who shall have standing for that purpose; and
(2)    at any time before the beginning of a hearing by the hearing board.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-907 - Limitations on Bringing Disciplinary Actions

(a)    The appointing authority may not bring charges recommending the imposition of discipline more than 90 days after the Intelligence and Investigative Division or the appointing authority acquires knowledge of the action that gives rise to the discipline.
(b)    The 90–day limitation established under subsection (a) of this section does not apply to charges that relate to criminal activity if the criminal activity:
(1)    relates to the correctional officer’s official duties;
(2)    arises from events that occur at a correctional facility; or
(3)    involves an inmate or detainee at a correctional facility.
(c)    An appointing authority may not recommend disciplinary action against a correctional officer for excessive use of force against an inmate based solely on the uncorroborated statement of the inmate unless the appointing authority determines that there exists any indicia of reliability to support the inmate’s allegation.
(d)    This section does not limit the right of the Department to investigate claims of excessive force against inmates to ensure the safety and security of its correctional facilities, or for any other legitimate purpose.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-908 - Charges; Procedure

(a)    If the appointing authority brings charges recommending discipline against a correctional officer, the charges shall contain:
(1)    a statement of facts and offenses alleged; and
(2)    notice of the correctional officer’s appeal rights.
(b)    The appointing authority shall provide the charges and notice required under subsection (a)(2) of this section to the correctional officer and to the correctional officer’s legal counsel or the agent of the employee organization selected by the correctional officer under § 10–907 of this subtitle.
(c)    On receiving charges which recommend termination, demotion, or suspension without pay of 10 days or greater, a correctional officer may:
(1)    file an appeal under § 11–109 of the State Personnel and Pensions Article; or
(2)    within 15 days after receiving the charges, file a request for a hearing by a hearing board.
(d)    If a correctional officer receives charges which recommend discipline other than termination, demotion, or suspension without pay of 10 days or greater, before the appointing authority takes action on the discipline, the correctional officer may appeal only under § 11–109 of the State Personnel and Pensions Article.
(e)    An emergency suspension is not subject to appeal.
(f)    An action which does not constitute discipline under § 11–107 of the State Personnel and Pensions Article is not subject to appeal.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-911 - Appeal

(a)    An appeal from a decision made under § 10–910 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7–202.
(b)    A party aggrieved by a decision of a court under this subtitle may appeal to the Court of Special Appeals.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-912 - Expungement of Records

(a)    On request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
(1)    the Intelligence and Investigative Division that investigated the complaint:
(i)    exonerated the correctional officer of all charges in the complaint; or
(ii)    determined that the charges were unsustained or unfounded; or
(2)    a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty.
(b)    There is no time requirement for expungement under paragraph (1) of this subsection.
2023 Maryland Statutes › Correctional Services › Title 10 - State Correctional Facilities › Subtitle 9 - State Correctional Officers' Bill of Rights › Section 10-913 - Emergency Suspension

(a)    This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority.
(b)    (1)    The appointing authority may impose emergency suspension with pay if it appears that the action is in the best interest of the inmates, the public, and the correctional facility.
(2)    If the correctional officer is suspended with pay, the appointing authority may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:
(i)    a determination by a court with respect to a criminal violation; or
(ii)    a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation.
(3)    A correctional officer who is suspended under this subsection is entitled to a prompt hearing.
(c)    (1)    The appointing authority may impose an emergency suspension of correctional powers without pay if:
(i)    a correctional officer is charged with a felony;
(ii)    a correctional officer is charged with a violation of § 9–415, § 9–416, or § 9–417 of the Criminal Law Article; or
(iii)    a correctional officer is charged with a violation of § 9–412 of the Criminal Law Article involving contraband that is:
1.    money or a money equivalent; or
2.    an item or substance intended to cause physical injury.
(2)    A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing, held no more than 90 days after the suspension.
(3)    Except as provided in paragraph (4) of this subsection, a correctional officer who is suspended under paragraph (1) of this subsection and who is not convicted of the felony or misdemeanor for which the suspension was imposed shall have:
(i)    the suspension rescinded; and
(ii)    any lost time, compensation, status, and benefits restored.
(4)    Paragraph (3) of this subsection does not apply to a correctional officer who:
(i)    resigns before the disposition of the criminal matter for which the suspension was imposed; or
(ii)    is no longer employed by the Department when a determination is made by a court with respect to the criminal matter for which the suspension was imposed.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-102 - Establishment and Maintenance; Agreements

(a)    The governing body of one or more counties may establish and maintain a local correctional facility.
(b)    (1)    The governing bodies of two or more counties may enter into a written agreement with each other as to allocation of responsibility, construction, operation, maintenance, and appointment of personnel in connection with a local correctional facility.
(2)    The State may be a party to an agreement under this subsection.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-102.1 - Local Correctional Facility Outside Limits of Municipal Corporation

A municipal corporation or Baltimore City may not establish a local correctional facility outside its corporate limits unless it has obtained approval from the governing body of the county in which the local correctional facility is proposed to be established.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-103 - Responsibility of Managing Official; Powers and Duties of Sheriff

(a)    The managing official of a local correctional facility is responsible for the safekeeping and care of each inmate or other individual detained in or sentenced to the local correctional facility from the time the inmate or individual is lawfully detained in or committed to the local correctional facility until discharged, released, or withdrawn under a court order or other lawful authority.
(b)    Except when an inmate or other individual is lawfully assigned to a local correctional facility operated by more than one county, this section does not affect the powers and duties of the sheriff of a county with respect to the safekeeping and custody of an inmate or other individual.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-104 - Financial Assistance From State; Federal and Other Grants

(a)    This section applies except as provided in § 11-105 of this subtitle.
(b)    (1)    If a county or counties determine to construct or maintain a local correctional facility, the county or counties may apply to the Secretary for financial assistance for the construction or enlargement of the local correctional facility.
(2)    The applicant shall provide information in the form required by the Secretary, including:
(i)    the program and plans for construction; and
(ii)    the rehabilitation and training programs to be instituted.
(c)    If the Secretary approves a construction plan under this section, the State shall pay the same share as that provided for jail construction or rehabilitation.
(d)    The Secretary may receive a grant of funds from the federal government or any other public or private foundation or agency for the purposes designated in this section.
(e)    (1)    Subject to the provisions of paragraph (2) of this subsection, if a county that maintains, operates, or participates in a local correctional facility provides for improvements to the local correctional facility that are required as the result of the adoption of mandatory or approved standards, the Board of Public Works shall make provision for the State to pay 50% of the costs of the construction or improvements.
(2)    The plans and costs for construction or improvements under this section shall be subject to approval by:
(i)    the Secretary;
(ii)    the Division of Correction;
(iii)    the Department of General Services; and
(iv)    the Department of Budget and Management.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-105 - Financial Assistance to County for Incarcerated Individuals

(a)    If the Secretary determines that the anticipated confinement of inmates who are serving sentences of more than 6 months but not exceeding 12 months in a county’s local correctional facility would exceed the capacity of the local correctional facility, a county may apply to the Secretary for financial assistance for the construction of a new or enlarged existing local correctional facility.
(b)    For the purpose of anticipating inmate confinement under subsection (a) of this section, the Secretary annually shall review and study each county’s local correctional facility population in conjunction with data relevant to patterns of:
(1)    sentencing;
(2)    geographic distribution of inmates; and
(3)    the rates of growth in the number of inmates sentenced to more than 6 months but not exceeding 12 months as compared to the number similarly sentenced before January 1, 1988.
(c)    (1)    Subject to the State budget appropriation process and in accordance with this section, if a county applies for financial assistance under subsection (a) of this section and a county’s construction plan is approved by the Secretary under this section, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
(i)    a new local correctional facility; or
(ii)    enlargement of an existing local correctional facility.
(2)    If a county’s construction plan is disapproved by the Secretary, the county may appeal to the Board of Public Works.
(3)    Subject to the State budget appropriation process, if a county applies for financial assistance under subsection (a) of this section and the Board of Public Works approves the construction plan, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
(i)    a new local correctional facility; or
(ii)    enlargement of an existing local correctional facility.
(d)    The plans and costs for construction or enlargement of a local correctional facility by a county under this section are subject to:
(1)    the procedures followed by State units for requested capital projects; and
(2)    approval by the Secretary.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 1 - Establishment of Local Correctional Facilities › Section 11-106 - Contract Between State and County or Counties

(a)    On approving local correctional facility plans that require State financial assistance, the Secretary shall enter into a written contract with the county or counties involved setting forth the rights, powers, duties, and responsibilities of all parties.
(b)    The contract may provide for the housing and rehabilitation in a local correctional facility of inmates sentenced to State correctional facilities under conditions agreed on by all parties.
(c)    The Secretary may not approve a contract unless the contract provides:
(1)    for a periodic review of the facilities and rehabilitation and training programs of the local correctional facility by the Maryland Commission on Correctional Standards; and
(2)    that the local correctional facility is in substantial compliance with the minimum mandatory standards described in § 8-103(a) of this article.
(d)    In the absence of any contract, court order, or consent decree, inmates sentenced to the jurisdiction of the Division of Correction may not be housed in a local correctional facility for more than 30 days while awaiting transfer to the Division of Correction.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-201 - Safekeeping of Incarcerated Individuals

(a)    (1)    The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.
(2)    (i)    The sheriff shall receive and keep safely in a local correctional facility each individual committed to the custody of the sheriff under authority of the United States until the individual is discharged by due course of law.
(ii)    An individual committed to the custody of the sheriff under the authority of the United States shall be kept in the same manner and be subject to the same penalties as an individual committed to the custody of the sheriff under the authority of the State.
(iii)    For keeping and supporting an individual committed to the custody of the sheriff under the authority of the United States, a sheriff is entitled to receive 30 cents per day to be paid by the United States.
(b)    (1)    In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.
(2)    A managing official is responsible for the safekeeping, care, and feeding of inmates in the custody of a local correctional facility, including an inmate who is working on the public highways or going to and from that work, until the inmate is discharged, released, or withdrawn from the local correctional facility by due course of law.
(3)    Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of inmates.
(c)    (1)    The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of inmates by certified law enforcement officers other than the Sheriff.
(2)    The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of inmates by corrections officers or law enforcement officers other than the Sheriff.
(d)    The County Council of Baltimore County, by resolution or law, may require that the Sheriff of Baltimore County operate and administer the Baltimore County Jail.
(e)    The County Commissioners of Queen Anne’s County, by resolution or law, may authorize the Warden of the County Detention Center  to continue the  management of the County Detention Center.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-202 - Removal From Court on Conviction

(a)    Except as provided in subsection (b) of this section, when an individual is convicted in any court of the State and sentenced to imprisonment in the Division of Correction, the sheriff of the county in which the court is located shall:
(1)    remove the individual from the court as soon as possible; and
(2)    deliver the individual to the Division of Correction at the expense of the county.
(b)    The County Council of Anne Arundel County, by resolution or law, may provide that a certified law enforcement officer other than the Sheriff shall remove an individual from court after conviction.
(c)    A sheriff who does not comply with subsection (a) of this section shall forfeit $1,000.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-203 - Health and Welfare of Incarcerated Individuals

(a)    (1)    The managing official of a local correctional facility shall provide to an inmate in the custody of the managing official:
(i)    food and board; and
(ii)    any article of comfort that is considered necessary for a sick inmate by the physician attending the inmate.
(2)    Except as provided in §§ 11–204 and 11–205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to inmates under paragraph (1) of this subsection.
(b)    An inmate in a local correctional facility who is sick, injured, or disabled shall:
(1)    reimburse the county, as appropriate, for the payment of medical expenses; and
(2)    provide the managing official with any information relating to:
(i)    the existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured or covered;
(ii)    the inmate’s eligibility for benefits under the Maryland Medical Assistance Program;
(iii)    the name and address of any third party payor; and
(iv)    any policy or other identifying number relating to items (i) through (iii) of this item.
(c)    (1)    In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an inmate in a local correctional facility to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
(2)    The per visit fee shall be deducted from an inmate’s spending financial account, reserve financial account, or similar account held by the managing official on behalf of the inmate.
(3)    The fees collected under this subsection shall be deposited in the general fund of the county.
(4)    This subsection does not apply to a visit by an inmate to a medical unit or a physician, dentist, or optometrist if the visit is:
(i)    required as a part of the intake process;
(ii)    required for an initial physical examination;
(iii)    due to a referral by a nurse or physician’s assistant;
(iv)    provided during a follow–up visit that is initiated by a medical professional from the local correctional facility;
(v)    initiated by a medical or mental health staff member of the local correctional facility; or
(vi)    required for necessary treatment.
(d)    Subsections (b) and (c) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an inmate personally or through a person that provides insurance, coverage, or other benefits described under subsection (b) of this section.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-204 - Expenses for Treatment in State Facilities

A county or managing official is not responsible for payment for services or treatment rendered to an inmate as a result of admission to a State facility for individuals who have mental disorders as defined in § 10–101(i) of the Health – General Article.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-205 - Payment Rates to Health Care Provider

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Health care provider” has the meaning stated in § 19–132 of the Health – General Article.
(ii)    “Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.
(3)    “Health care service” has the meaning stated in § 19–132 of the Health – General Article.
(4)    “Medicaid rate” means:
(i)    the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or
(ii)    if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).
(b)    Liability for payment to a health care provider for any health care service provided to an inmate committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:
(1)    the actual amount billed by the health care provider for the health care service; or
(2)    the Medicaid rate for the health care service.
(c)    (1)    A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.
(2)    The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 2 - Safety, Health, and Welfare of Inmates › Section 11-206 - Pregnant Incarcerated Individuals

(a)    If a representation is made to the managing official of a local correctional facility that an inmate in the custody of the managing official is pregnant, the managing official may:
(1)    before the anticipated birth, have the inmate transferred from the local correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the inmate’s escape from custody; and
(2)    return the inmate to the local correctional facility as soon after giving birth as the inmate’s health allows, as determined by the medical professional responsible for the care of the inmate.
(b)    The use of physical restraints on an inmate during a transfer made under this section shall be in accordance with § 9–601 of this article.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 3 - Community Adult Rehabilitation Centers › Section 11-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Center” means a community adult rehabilitation center.
(c)    “Commissioner” means the Commissioner of Correction.
(d)    “Regional center” means a center that serves more than one county.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 3 - Community Adult Rehabilitation Centers › Section 11-303 - Legislative Findings

The General Assembly finds that:
(1)    there is a need for centers for the housing and rehabilitation of individuals who have been convicted of crimes but who, in the judgment of the courts and appropriate correctional personnel, can best be rehabilitated without substantial danger to the community in a local community facility;
(2)    the centers should be only one component in the overall correctional system and be utilized only for individuals who can best be rehabilitated in them and who will not present a substantial danger to the community;
(3)    to assure the public that the centers will be safe, the centers should, to the maximum extent practicable, be located and operated by the counties, consistent with statewide standards, and with State financial and technical support; and
(4)    the State should have the authority to locate, construct, and operate a center only if:
(i)    there is a demonstrated need for a center; and
(ii)    the county fails to provide for the location of a center after a reasonable time.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 3 - Community Adult Rehabilitation Centers › Section 11-304 - Scope; Conversion of Work Release Programs Into Centers

(a)    This subtitle does not affect:
(1)    the authority granted under Subtitles 1 and 7 of this title; or
(2)    a work release program established under Subtitles 1 and 7 of this title.
(b)    (1)    With the approval of the Secretary, a county may convert a work release program established under Subtitles 1 and 7 of this title into a center that is subject to this subtitle.
(2)    The Secretary shall adopt regulations for the conversion of a work release program into a center.
2023 Maryland Statutes › Correctional Services › Title 11 - Local Correctional Facilities › Subtitle 3 - Community Adult Rehabilitation Centers › Section 11-305 - Standards

(a)    The regulations adopted by the Secretary under § 8-103(a) and (b) of this article shall include minimum State standards for centers.
(b)    The minimum State standards for centers shall include criteria and guidelines for:
(1)    siting;
(2)    physical characteristics, including design and layout;
(3)    programs and staffing;
(4)    screening procedures for placement;
(5)    accounting, reporting, and accountability; and
(6)    general program and management operations.