reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 5 - Mandatory Supervision › Section 7-501 - Release on Mandatory Supervision

(a)    Except as provided in subsection (b) of this section, the Division of Correction shall grant a conditional release from confinement to an inmate who:
(1)    is serving a term of confinement of more than 18 months;
(2)    was sentenced on or after July 2, 1970, to the jurisdiction of the Division of Correction; and
(3)    has served the term or terms, less diminution credit awarded under Title 3, Subtitle 7 and Title 11, Subtitle 5 of this article.
(b)    An inmate convicted of a violent crime committed on or after October 1, 2009, is not eligible for a conditional release under this section until after the inmate becomes eligible for parole under § 7–301(c) or (d) of this title.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 5 - Mandatory Supervision › Section 7-502 - Legal Custody

(a)    An individual on mandatory supervision remains in legal custody until the expiration of the individual’s full term.
(b)    An individual on mandatory supervision is subject to:
(1)    all laws, rules, regulations, and conditions that apply to parolees; and
(2)    any special conditions established by a commissioner.
(c)    If an inmate is convicted and sentenced to imprisonment for a crime committed while on mandatory supervision and the mandatory supervision is revoked, diminution credits that were awarded before the inmate’s release on mandatory supervision may not be applied toward the inmate’s term of confinement on return to the Division.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 5 - Mandatory Supervision › Section 7-503 - Written Order; Restitution

(a)    (1)    Subject to paragraph (2) of this subsection, the Division of Correction shall issue a written order before an inmate is released on mandatory supervision that specifies the terms and conditions that must be met by the inmate in order for the inmate to serve the remainder of the inmate’s term outside a correctional facility.
(2)    Paragraph (1) of this subsection does not apply in the case of an inmate who is released to a detainer.
(b)    If a court previously ordered an individual to pay restitution as a part of a sentence or as a condition of probation, the individual shall be required to make restitution payments while under mandatory supervision as a condition of mandatory supervision.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 5 - Mandatory Supervision › Section 7-504 - Revocation of Mandatory Supervision; Diminution Credits

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Technical violation” has the meaning stated in § 6–101 of this article.
(3)    “Term of confinement” has the meaning stated in § 3–701 of this article.
(b)    (1)    Subject to paragraph (3) of this subsection, the commissioner presiding at an individual’s mandatory supervision revocation hearing may revoke diminution credits previously earned by the individual on the individual’s term of confinement in accordance with the following schedule:
(i)    not more than 15 days for a first technical violation;
(ii)    not more than 30 days for a second technical violation;
(iii)    not more than 45 days for a third technical violation; and
(iv)    up to all remaining days for a fourth or subsequent technical violation or a violation that is not a technical violation.
(2)    Nothing in this section affects the prohibition against the application of diminution credits under § 7–502 of this subtitle to the term of confinement of an inmate convicted and sentenced to imprisonment for a crime committed while on mandatory supervision.
(3)    (i)    There is a rebuttable presumption that the limits on the revocation of diminution credits for a technical violation established in paragraph (1) of this subsection are applicable.
(ii)    The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the revocation of diminution credits established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:
1.    the nature of the mandatory supervision violation;
2.    the facts and circumstances of the crime for which the inmate was convicted; and
3.    the inmate’s history.
(iii)    On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:
1.    direct that a greater number of diminution credits be revoked than provided in paragraph (1) of this subsection; or
2.    commit the inmate to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.
(iv)    A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Title 12, Subtitle 4 of the Courts Article.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 5 - Mandatory Supervision › Section 7-505 - Responsibilities Before Release

(a)    At least 60 days before the day that an inmate is scheduled to be released on mandatory supervision, the Division of Parole and Probation and the Division of Correction shall perform the same duties that are performed for a parole release.
(b)    If an inmate is released on mandatory supervision and the victim made a written request for notification under § 7–801(b)(1)(ii) of this title or if the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or victim’s representative:
(1)    if a warrant or subpoena is issued by the Commission for an alleged violation of a condition of mandatory supervision;
(2)    if the individual has been found in violation or not in violation of a condition of mandatory supervision; and
(3)    of any punishment imposed for the individual’s violation of a condition of mandatory supervision.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 6 - Commutation of Sentence; Pardon › Section 7-601 - Power of Governor

(a)    On giving the notice required by the Maryland Constitution, the Governor may:
(1)    change a sentence of death into a sentence of life without the possibility of parole;
(2)    pardon an individual convicted of a crime subject to any conditions the Governor requires; or
(3)    remit any part of a sentence of imprisonment subject to any conditions the Governor requires, without the remission operating as a full pardon.
(b)    (1)    A pardon or commutation of sentence shall be evidenced by a written executive order signed by the Governor under the great seal.
(2)    An order granting a pardon or conditional pardon shall clearly indicate on its face whether it is a partial or full pardon.
(c)    There is a presumption that the grantee of a pardon was lawfully and properly convicted of a crime against the State unless the order granting the pardon states that the grantee has been shown conclusively to have been convicted in error.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 6 - Commutation of Sentence; Pardon › Section 7-602 - Violation of Conditional Pardon

(a)    Unless the order granting a pardon provides otherwise, the Governor is the sole judge of whether a condition of a conditional pardon has been violated.
(b)    A determination by the Governor that a condition of a conditional pardon has been violated by the grantee is final and not subject to review by any court of the State.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 6 - Commutation of Sentence; Pardon › Section 7-603 - Effect of Violation of Conditional Pardon

Unless the Governor orders otherwise, if the Governor revokes a conditional pardon for a breach of any of its conditions, the individual released on the conditional pardon:
(1)    shall serve the unserved portion of the sentence originally imposed; and
(2)    may not be granted credit for serving any portion of the original sentence during the time that the individual was released under the conditional pardon.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 7 - Payment of Restitution and Fees › Section 7-701 - Restitution

(a)    If the Commission grants parole to an individual whom a court has ordered to make restitution as part of a sentence or as a condition of probation, the Commission shall require the individual to make restitution payments while on parole as a condition of parole.
(b)    Except as provided in subsection (c) of this section, a pardon, partial pardon, conditional pardon, commutation of sentence, or parole does not affect any judgment entered under Title 11, Subtitle 6 of the Criminal Procedure Article.
(c)    If the Governor orders a pardon and states as a part of the order that the defendant was convicted in error, the order discharges any judgment against the defendant under Title 11, Subtitle 6 of the Criminal Procedure Article.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 8 - Victims' Rights; Notice to Sentencing Judge › Section 7-801 - Parole Release Hearing

(a)    (1)    In this subtitle the following words have the meanings indicated.
(2)    “Victim” has the meaning stated in § 11–104 of the Criminal Procedure Article.
(3)    “Victim’s representative” has the meaning stated in § 11–104 of the Criminal Procedure Article.
(b)    (1)    At least 90 days before an inmate’s parole release hearing, the Department shall notify the victim or the victim’s representative in writing, directed to the most current address on file, that the parole release hearing has been scheduled if:
(i)    the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article; or
(ii)    the victim makes a written request to the Department for notification and maintains a current address on file with the Department.
(2)    The victim may designate in writing to the Department the name and address of a representative who is a resident of the State to receive notice for the victim.
(c)    (1)    Not later than 30 days after the date of the Department’s notice under subsection (b) of this section, the victim of a crime may submit to the Department a written request that the Division of Parole and Probation be required to complete an updated victim impact statement.
(2)    If the victim submits a request as authorized by paragraph (1) of this subsection, the Department shall direct the Division of Parole and Probation to:
(i)    complete the updated statement at least 30 days before the parole release hearing; and
(ii)    send promptly the updated victim impact statement to the Commission.
(d)    A victim may:
(1)    at least 30 days before the parole release hearing:
(i)    make a written recommendation to the Commission on the advisability of releasing the inmate on parole; and
(ii)    request that the inmate be prohibited from having any contact with the victim as a condition of parole, mandatory supervision, work release, or other administrative release; and
(2)    request a meeting with a commissioner.
(e)    The Commission shall make an updated victim impact statement and a victim’s written recommendation available for review by the inmate or the inmate’s representative under § 7–303(b) of this title.
(f)    The Commission shall consider an updated victim impact statement or victim’s written recommendation at the parole release hearing.
(g)    If a victim requested an open hearing under § 7–304 of this title, the victim may present oral testimony at the inmate’s parole release hearing in a manner established in regulations adopted by the Commission.
(h)    The Department shall notify promptly the victim or the victim’s representative of the decision of the Commission regarding parole for the inmate.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 8 - Victims' Rights; Notice to Sentencing Judge › Section 7-802 - Notice to Sentencing Judge of Parole Release Hearing

(a)    If an inmate is sentenced to the Division of Correction and, at the time of sentencing, the sentencing judge makes a written request for notification, the Commission shall:
(1)    at least 90 days before the parole release hearing, notify the sentencing judge in writing that a parole release hearing is scheduled for the inmate; and
(2)    promptly notify the sentencing judge of the Commission’s final decision regarding parole for the inmate.
(b)    The Commission shall make any recommendation made by the sentencing judge at the time of sentencing available for review by the inmate or the inmate’s representative under § 7-303(b) of this title.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 8 - Victims' Rights; Notice to Sentencing Judge › Section 7-803 - Notice to Victim of Predetermined Parole Release Agreement

(a)    If a victim made a written request for notification under § 7–801(b)(1)(ii) of this subtitle or if a victim or a victim’s representative has filed a notification request form under § 11–104 of the Criminal Procedure Article, the Commission, if practicable, shall notify the victim in writing at least 90 days before entering into or signing a predetermined parole release agreement with an inmate.
(b)    The Commission may not enter into a predetermined parole release agreement unless the Commission has notified the victim under subsection (a) of this section.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 8 - Victims' Rights; Notice to Sentencing Judge › Section 7-804 - Notice to Victim of Parole Violation

If an individual was convicted of a crime and the victim made a written request for notification under § 7–801(b)(1)(ii) of this subtitle or if the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or the victim’s representative:
(1)    that a warrant or subpoena was issued by the Commission for the individual’s alleged violation of a condition of parole;
(2)    that the individual has been found in violation or not in violation of a condition of parole; and
(3)    of the punishment imposed on the individual for violating a condition of parole.
2023 Maryland Statutes › Correctional Services › Title 7 - Parole, Release on Mandatory Supervision, and Executive Clemency › Subtitle 8 - Victims' Rights; Notice to Sentencing Judge › Section 7-805 - Notice to Victim of Commutation, Pardon, or Remission of Sentence

(a)    If the victim made a written request to the Department for notification and maintains a current address on file with the Department or the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or the victim’s representative in writing that an inmate sentenced to the Division of Correction is being considered for a:
(1)    commutation of sentence;
(2)    pardon; or
(3)    remission of sentence.
(b)    (1)    The victim may submit to the Commission a victim impact statement and recommendation.
(2)    The Commission shall make the victim impact statement and recommendation available for review by the inmate or the inmate’s representative subject to § 7–303(b) of this title.
(c)    If a victim impact statement or recommendation is submitted under this section, the Commission shall consider the victim impact statement or recommendation.
(d)    A victim may request a meeting with a commissioner.
(e)    The Department shall notify promptly the victim or the victim’s designated representative of the Commission’s decision.
(f)    The victim may designate in writing to the Department the name and address of a representative to receive notice for the victim.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Approved standards” means the standards described in § 8-103(b) of this subtitle.
(c)    “Commission” means the Maryland Commission on Correctional Standards.
(d)    “Minimum mandatory standards” means the standards described in § 8-103(a) of this subtitle.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-102 - Legislative Findings

The General Assembly finds that there is a need to improve the method of establishing standards for correctional facilities and programs and of ensuring compliance with these standards to better protect the health, safety, and welfare of the public by reducing incidents of crime.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-103 - Establishment of Standards

(a)    (1)    With the advice of the Commission, the Secretary shall adopt regulations that establish minimum mandatory standards applicable to security and inmate control, inmate safety, inmate food services, inmate housing and sanitation, inmate rights, classification, hearings, victim notification, restitution, and administrative record keeping.
(2)    The minimum mandatory standards adopted under paragraph (1) of this subsection shall apply to all State and local correctional facilities.
(b)    (1)    With the advice of the Commission, the Secretary shall adopt regulations that establish approved standards applicable to personnel, training, administration, management, planning and coordination, research and evaluation, physical plant, special management inmates, rules and discipline, mail and visiting, reception and orientation, property control, work programs, educational and vocational training, library services, religious services, recreational activities, counseling, release preparation, and volunteers.
(2)    The approved standards adopted under paragraph (1) of this subsection:
(i)    shall apply to all State correctional facilities; and
(ii)    may be adopted, as a whole or in part, by a local correctional facility.
(c)    The standards adopted under this section shall be consistent with federal and State law.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-107 - Commission on Correctional Standards -- Membership; Terms

(a)    The Commission consists of the following 12 members:
(1)    the Attorney General;
(2)    the Secretary of General Services;
(3)    the Secretary of Budget and Management; and
(4)    the following nine members appointed by the Governor with the advice and consent of the Senate:
(i)    two members of the public who are not directly employed in the field of corrections;
(ii)    two correctional personnel from State government;
(iii)    two correctional personnel from local government;
(iv)    one official or employee of a national correctional accreditation organization;
(v)    one elected official from a local governing body; and
(vi)    one member who is licensed, certified, or registered by the State as a mental health or medical professional.
(b)    (1)    Except as provided in paragraph (2) of this subsection:
(i)    the term of a member of the Commission is 3 years; and
(ii)    the terms of the members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 1999.
(2)    (i)    The Attorney General, Secretary of General Services, and Secretary of Budget and Management shall serve as ex officio members of the Commission.
(ii)    An ex officio member of the Commission may serve personally at any Commission meeting or designate a representative from the ex officio member’s unit who may act at any Commission meeting to the same effect as if the ex officio member were personally present.
(c)    (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.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-109 - Commission on Correctional Standards -- Quorum; Meetings; Compensation

(a)    A majority of the authorized membership of the Commission is a quorum.
(b)    The Commission shall meet at the times determined by the Commission or its chairperson.
(c)    A member of the Commission:
(1)    may not receive compensation for service on the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-110 - Commission on Correctional Standards -- Annual Report

(a)    The Commission shall report annually to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly on the activities of the Commission.
(b)    The Commission shall provide the Secretary and the governing body of each county and municipal corporation that has a correctional facility with a copy of its annual report.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-111 - Commission on Correctional Standards -- Executive Director

(a)    (1)    With the approval of the Secretary, the Commission shall appoint an Executive Director.
(2)    The Executive Director is a special appointment in the State Personnel Management System.
(b)    The Executive Director serves at the pleasure of the Commission.
(c)    The Executive Director shall perform administrative functions as the Commission directs.
(d)    The Executive Director is entitled to compensation as provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-112 - Commission on Correctional Standards -- Standards; Regulations; Staff

(a)    (1)    The Commission shall:
(i)    advise the Secretary regarding all minimum mandatory standards and approved standards for State and local correctional facilities;
(ii)    consult and coordinate with national bodies promulgating correctional standards to provide reasonable compatibility between the State standards and nationally established standards; and
(iii)    consult and cooperate with other units of the State and local jurisdictions concerning correctional standards.
(2)    The Commission may provide technical assistance to the extent authorized in the State budget to aid the State and local jurisdictions in their efforts to comply with minimum mandatory standards and approved standards.
(b)    The Commission shall adopt regulations to carry out this subtitle.
(c)    The Commission shall employ a staff necessary to carry out this subtitle as provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-113 - Commission on Correctional Standards -- Inspections

(a)    The Commission shall:
(1)    establish and implement a process to inspect State and local correctional facilities to determine and certify compliance with applicable standards; and
(2)    determine deadlines for remedial action and reinspection whenever inspection reports indicate noncompliance with applicable standards.
(b)    The Commission may review and act on appeals from staff inspection reports.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-115 - Commission on Correctional Standards -- Life-Threatening or Health-Endangering Conditions

(a)    If the Commission or an authorized inspector finds a condition in a correctional facility that is life threatening or health endangering, the Commission or inspector may order the immediate cessation of operation.
(b)    Within 96 hours after an order is issued under subsection (a) of this section, the Commission shall hold a review hearing to confirm or countermand the order.
(c)    (1)    If a correctional facility is ordered closed under this section, all inmates in the facility shall be transferred to and accepted in a suitable place of detention, as the Secretary determines.
(2)    The governing body responsible for the cost of the closed facility shall pay the expenses incurred in transferring and maintaining inmates under paragraph (1) of this subsection.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 1 - Standards for Correctional Facilities › Section 8-116 - Commission on Correctional Standards -- Advisory Boards

(a)    (1)    The Commission shall establish advisory boards to assist the Commission in carrying out its powers and duties under this subtitle.
(2)    The Commission may establish advisory boards on adult:
(i)    detention centers and lockups;
(ii)    community correctional facilities; and
(iii)    correctional facilities other than those listed in items (i) and (ii) of this paragraph.
(b)    The chairperson of the Commission shall appoint the members of an advisory board with the approval of the Commission.
(c)    The chairperson of an advisory board shall be a Commission member.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Approved correctional training school” means a school authorized by the Commission to offer training programs as provided under this subtitle.
(c)    “Commission” means the Correctional Training Commission.
(d)    “Correctional administrator” means a correctional officer who has been promoted from a supervisory rank to first-line administrative duties.
(e)    (1)    “Correctional officer” means a member of a correctional unit whose duties relate to the investigation, care, custody, control, or supervision of inmates and individuals who:
(i)    have been placed on parole or mandatory supervision;
(ii)    have been placed on probation; or
(iii)    have received a suspended sentence.
(2)    “Correctional officer” does not include:
(i)    the head or deputy head of a correctional unit; or
(ii)    a sheriff, warden, or superintendent or an individual with an equivalent title who is appointed or employed by a unit of government to exercise equivalent supervisory authority.
(f)    “Correctional supervisor” means a correctional officer who has been promoted to first-line supervisory duties.
(g)    (1)    “Correctional unit” means a unit of State, county, or municipal government that is responsible under a statute, ordinance, or court order for the investigation, care, custody, control, and supervision of inmates and individuals who:
(i)    have been placed on parole or mandatory supervision;
(ii)    have been placed on probation; or
(iii)    have received a suspended sentence.
(2)    “Correctional unit” includes those facilities as set forth in § 9–226 of the Human Services Article and other facilities as designated by the Secretary of Juvenile Services.
(h)    (1)    “Department of Juvenile Services employee” means a youth supervisor, youth counselor, direct care worker, direct education staff member, or other employee of the Department of Juvenile Services whose employment responsibility is the investigation, custody, control, or supervision of minors, juvenile delinquents, and youthful offenders who are committed, detained, awaiting placement, adjudicated delinquent, or are otherwise under the supervision of the Department of Juvenile Services.
(2)    “Department of Juvenile Services employee” includes an employee of any nonprofit or for–profit entity under contract with the Department of Juvenile Services whose employment responsibility is the investigation, custody, control, or supervision of minors, juvenile delinquents, and youthful offenders as described under paragraph (1) of this subsection.
(i)    “Permanent appointment” means an appointment that has permanent status.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-202 - Legislative Findings

The General Assembly finds that:
(1)    there is a need to improve the administration of the correctional system to better protect the health, safety, and welfare of the public;
(2)    the ultimate goal of the correctional system is to make the community safer by reducing the incidence of crime;
(3)    establishing a correctional system with significantly increased power to reduce recidivism and prevent recruitment into criminal careers will require a sufficient number of qualified staff to perform the many tasks to be done;
(4)    recent studies have revealed that greater training for correctional work is highly desirable;
(5)    the need for training can be substantially met by creating educational and training programs for individuals seeking careers as correctional officers;
(6)    while serving in a probationary capacity, a correctional officer should be required to receive efficient training provided at facilities that are approved by a commission that is authorized to approve training facilities;
(7)    by qualifying and becoming proficient in the field of corrections, correctional officers shall individually and collectively better insure the health, safety, and welfare of the public; and
(8)    Department of Juvenile Services employees should have specific and appropriate training for that population.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-204 - Membership

(a)    The Commission consists of the following members:
(1)    the Secretary of Public Safety and Correctional Services;
(2)    the Secretary of Juvenile Services;
(3)    a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;
(4)    a representative of the Department of Juvenile Services, designated by the Secretary of Juvenile Services;
(5)    a Deputy Secretary of Public Safety and Correctional Services;
(6)    the president of the Maryland Correctional Administrators Association;
(7)    the president of the Maryland Sheriffs Association;
(8)    the president of the Maryland Criminal Justice Association;
(9)    a representative of the Federal Bureau of Prisons, designated by its Director;
(10)    the Attorney General of the State;
(11)    the president of a university or college in the State with a correctional education curriculum, appointed by the Maryland Higher Education Commission;
(12)    one correctional officer of the State recommended by the exclusive representative for the officers covered under Title 10, Subtitle 9 of this article and appointed by the Governor; and
(13)    four correctional officers or officials of the State appointed under subsection (b) of this section.
(b)    (1)    The Governor shall appoint, with the advice and consent of the Senate, four correctional officers or officials to be members of the Commission, at least one of whom shall be a Department of Juvenile Services employee or official.
(2)    The four members appointed under paragraph (1) of this subsection shall represent different geographic areas of the State.
(3)    The term of a member who is appointed under paragraph (1) of this subsection is 3 years.
(4)    The terms of the members who are appointed under paragraph (1) of this subsection are staggered as required by the terms provided for members of the Commission on October 1, 1999.
(5)    (i)    At the end of a term, a member who was appointed under paragraph (1) of this subsection continues to serve until a successor is appointed and qualifies.
(ii)    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.
(c)    Except for the four members appointed by the Governor under subsection (b) of this section, a member of the Commission may serve personally at a Commission meeting or designate a representative from the member’s unit or association who may act at any meeting to the same effect as if the member were personally present.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-206 - Staff

(a)    (1)    With the approval of the Secretary, the Commission shall appoint an Executive Director.
(2)    The Executive Director shall perform general administrative functions.
(3)    The Executive Director serves at the pleasure of the Commission.
(b)    (1)    With the approval of the Secretary, the Commission shall appoint a Deputy Director and any other employees that the Commission considers necessary to perform general administrative and training management functions.
(2)    The Deputy Director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.
(c)    In accordance with the State budget, the Commission may set the compensation of:
(1)    the Executive Director and the Deputy Director; and
(2)    a Commission employee in a position that:
(i)    is unique to the Commission;
(ii)    requires specific skills or experience to perform the duties of the position; and
(iii)    does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(d)    The Secretary of Budget and Management, in consultation with the Commission, shall determine the positions for which the Commission may set compensation under subsection (c) of this section.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-207 - Meetings; Quorum; Compensation; Records

(a)    The Commission shall meet in the State at the times determined by:
(1)    a majority of the authorized membership of the Commission;
(2)    the chairperson of the Commission; or
(3)    the Secretary.
(b)    A majority of the authorized membership of the Commission is a quorum.
(c)    A member of the Commission:
(1)    may not receive compensation for service on the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Commission shall:
(1)    maintain minutes of its meetings and any other records that it considers necessary; and
(2)    provide information, on request, regarding the budget, activities, and programs of the Commission.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-209 - Probationary Appointment of Correctional Officers

(a)    An individual may not be given or accept a probationary or permanent appointment as a correctional officer, correctional supervisor, or correctional administrator unless the individual satisfactorily meets minimum qualifications established by the Commission.
(b)    A probationary appointment as a correctional officer, correctional supervisor, or correctional administrator may be made for no more than 1 year for the purpose of enabling the individual seeking permanent appointment to take a training course prescribed by the Commission.
(c)    A probationary appointee is entitled to a leave of absence with pay during the period of the training program.
(d)    The Commission shall establish the minimum qualifications for probationary or permanent appointment as a Department of Juvenile Services employee.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-209.1 - Applicants -- State and National Criminal History Records Check

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Applicant” means an individual who is seeking certification as:
(i)    a correctional officer; or
(ii)    a Department of Juvenile Services employee, as defined in § 8–201(h) of this subtitle.
(3)    “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    An applicant for certification under this section shall apply to the Central Repository for a State and national criminal history records check.
(c)    As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:
(1)    a complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(d)    In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Commission and the applicant the criminal history record information.
(e)    Information obtained from the Central Repository under this section:
(1)    shall be confidential;
(2)    may not be redisseminated; and
(3)    may be used only for the licensing purpose authorized by this title.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(g)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Commission a revised statement of the applicant’s or certified correctional officer’s State criminal history record.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 2 - Correctional Training Commission › Section 8-209.2 - Revocation and Reinstatement of Certification

(a)    The Commission may revoke the certification of a correctional officer or Department of Juvenile Services employee in conjunction with disciplinary action taken under Title 11 of the State Personnel and Pensions Article.
(b)    (1)    If the Office of Administrative Hearings rescinds or modifies a disciplinary action against a correctional officer under Title 11 of the State Personnel and Pensions Article, the Office of Administrative Hearings may reinstate the correctional officer’s certification with no further examination or condition.
(2)    If the court, acting under § 10–911 of this article, rescinds or modifies a disciplinary action against a correctional officer, the court may reinstate the correctional officer’s certification with no further examination or condition.
(c)    If the Office of Administrative Hearings rescinds or modifies a disciplinary action against a Department of Juvenile Services employee under Title 11 of the State Personnel and Pensions Article, the Office of Administrative Hearings may reinstate the employee’s certification with no further examination or condition.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-401 - Subtitle Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Agreement” means the Interstate Agreement on Detainers, which is set forth in §§ 8-402 through 8-411 of this subtitle.
(c)    “Appropriate court” means, with reference to the courts of this State, a circuit court of a county or the District Court.
(d)    “Correctional institution” means, with reference to the correctional institutions of this State, any State or local correctional facility.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-403 - Agreement -- Findings of Party States; Purpose of Agreement

Article I
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this Agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this Agreement to provide such cooperative procedures.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-404 - Agreement -- Definitions

Article II
(a)    As used in this Agreement the following words have the meanings indicated.
(b)    “Receiving state” means the state in which trial is to be had on an indictment, information, or complaint pursuant to § 8-405 or § 8-406 of this subtitle (Article III or IV of the Agreement).
(c)    “Sending state” means a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to § 8-405 of this subtitle (Article III of the Agreement) or at the time that a request for custody or availability is initiated pursuant to § 8-406 of this subtitle (Article IV of the Agreement).
(d)    “State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-408 - Agreement -- Tolling of Time Periods When Prisoner Unable to Stand Trial; Mentally Ill Individuals

Article VI
(a)    In determining the duration and expiration dates of the time periods provided in §§ 8-405 and 8-406 of this subtitle (Articles III and IV of the Agreement), the running of these time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b)    No provision of this Agreement, and no remedy made available by this Agreement, shall apply to any person who is adjudged to be mentally ill.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-409 - Agreement -- Designation of Officer to Promulgate Rules and Provide Information

Article VII
Each state party to this Agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this Agreement, and who shall provide, within and without the state, information necessary to the effective operation of this Agreement.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-410 - Agreement -- Effective Date of Agreement; Withdrawal From Agreement

Article VIII
This Agreement shall enter into full force and effect as to a party state when the state has enacted this Agreement into law. A state party to this Agreement may withdraw herefrom by enacting a statute repealing the Agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time the withdrawal takes effect, nor shall it affect their rights in respect thereof.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-411 - Agreement -- Construction of Agreement; Severability of Provisions

Article IX
This Agreement shall be liberally construed so as to effectuate its purposes. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability of the remainder of this Agreement to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any state party hereto, the Agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-412 - Enforcement of Agreement

All courts, departments, agencies, officers, and employees of the State and its political subdivisions shall enforce the Agreement and cooperate with one another and other party states in enforcing the Agreement and effectuating its purpose.
2023 Maryland Statutes › Correctional Services › Title 8 - State and Local Correctional System -- Generally › Subtitle 4 - Interstate Agreement on Detainers and Related Matters › Section 8-413 - Punishment for Escape From Temporary Custody

If an individual legally detained and confined in a correctional institution in this State, who, by reason of application of the Agreement, is delivered into temporary custody of a party state as provided in § 8-407 of this subtitle (Article V of the Agreement) and subsequently escapes or attempts to escape from the temporary custody, the escape or attempt to escape shall be punishable under the laws of this State as if the individual had escaped or attempted to escape from a correctional institution in this State.