reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-804 - Construction of Subtitle With Other Laws

This subtitle does not repeal, supersede, or in any manner affect any remedy or provision of law:
(1)    For the collection of taxes, unemployment insurance contributions, or reimbursement payments and any interest and penalties due; or
(2)    To compel the filing of annual reports.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-805 - Certificate of Reinstatement -- Application

If the authority of a statutory trust to do business in the State and to use its name has been forfeited for nonpayment of taxes, unemployment insurance contributions, or reimbursement payments, or for failure to file an annual report, the statutory trust may apply for reinstatement by filing a certificate of reinstatement with the Department in accordance with § 12–806 of this subtitle.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-806 - Certificate of Reinstatement -- Contents

A certificate of reinstatement shall include:
(1)    The name of the statutory trust at the time its right to do business in the State was forfeited;
(2)    The name that the statutory trust will use after reinstatement, which shall comply with the provisions of this article with respect to statutory trust names;
(3)    The address of the principal office of the statutory trust in the State if different from its principal office in the State at the time the right to do business in the State was forfeited; and
(4)    The name and address of the resident agent of the statutory trust.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-807 - Certificate of Reinstatement -- Acceptance

The Department may not accept a certificate of reinstatement for record unless:
(1)    All annual reports required to be filed by the statutory trust, or which would have been required if the right to do business in the State had not been forfeited, are filed; and
(2)    Unemployment insurance contributions or reimbursement payments, all State and local taxes, except taxes on real estate, and all interest and penalties due by the statutory trust, or which would have become due if the right to do business had not been forfeited, are paid, whether or not barred by limitations.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-808 - Certificate of Reinstatement -- Evidentiary Effect

Except in a proceeding by the State or any of its political subdivisions, the acceptance of a certificate of reinstatement for record by the Department is conclusive evidence of:
(1)    The payment of all fees, taxes, unemployment insurance contributions, and reimbursement payments required to be paid;
(2)    The filing of all reports required to be filed; and
(3)    The reinstatement of the right of the statutory trust to do business in the State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-809 - Violation; Penalty; Limitation

(a)    Any person that transacts business in the name of, or for the account of, a statutory trust knowing that the statutory trust’s right to do business in the State has been forfeited and has not been reinstated at the time the business was transacted is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500.
(b)    A prosecution for a violation of subsection (a) of this section, concerning acts alleged to have occurred while the right of a statutory trust to do business in the State was forfeited, may not be instituted after the date that a certificate of reinstatement of the statutory trust is filed.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 8 - Forfeiture › Section 12-810 - Survivability of Contracts and Legal Defenses

The forfeiture of the right to do business in the State and the right to the use of the name of the statutory trust under this title does not:
(1)    Impair the validity of a contract entered into by the statutory trust or any act of the statutory trust before or after the forfeiture; or
(2)    Prevent the statutory trust from defending any action, suit, or proceeding in a court of the State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-901 - Law Governing

(a)    Subject to the Maryland Constitution:
(1)    The laws of the jurisdiction under which a foreign statutory trust is formed govern its organization, internal affairs, and the liability of its trustees; and
(2)    A foreign statutory trust may not be denied registration by reason of any difference between the laws under which the foreign statutory trust is formed and the laws of this State.
(b)    A foreign statutory trust may not do any kind of intrastate, interstate, or foreign business in this State which the laws of this State prohibit a domestic statutory trust from doing.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-902 - Registration

(a)    Before doing any interstate, intrastate, or foreign business in this State, a foreign statutory trust shall register with the Department.
(b)    To register, a foreign statutory trust shall submit to the Department an application for registration as a foreign statutory trust executed by an authorized person and setting forth:
(1)    The name of the foreign statutory trust and, if different, the name under which it proposes to register and do business in this State;
(2)    The jurisdiction under the laws of which it was formed and the date of its formation;
(3)    The general character of the business it proposes to transact in this State;
(4)    The name and address of its resident agent in this State;
(5)    A statement that the Department is appointed as the resident agent of the foreign statutory trust if no resident agent has been designated under item (4) of this subsection or, if a resident agent has been designated, the resident agent’s authority has been revoked or the resident agent cannot be found or served with the exercise of reasonable diligence; and
(6)    The address of the office required to be maintained in the jurisdiction of its formation by the laws of that jurisdiction or, if not so required, of the principal office of the foreign statutory trust.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-904 - Changes and Amendments

If any statement in the application for registration of a foreign statutory trust is false when made or any arrangements or other facts described have changed making the application inaccurate in any respect, a foreign statutory trust shall promptly file with the Department a certificate, executed by an authorized person, correcting the statement.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-905 - Cancellation of Registration

(a)    A foreign statutory trust may cancel its registration by filing with the Department a certificate of cancellation executed by an authorized person.
(b)    The filing of a certificate of cancellation does not terminate the authority of the Department to accept service of process on the foreign statutory trust with respect to causes of action arising out of doing business in this State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-906 - Doing Business Without Registration

(a)    If a foreign statutory trust is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of this subtitle, the foreign statutory trust and any person claiming under it may not maintain suit in any court in this State, unless the statutory trust shows to the satisfaction of the court that:
(1)    The foreign statutory trust or the person claiming under it has paid the penalty specified in subsection (d)(1) of this section; and
(2)    (i)    The foreign statutory trust or a foreign statutory trust successor to it has complied with the requirements of this title; or
(ii)    The foreign statutory trust and any foreign statutory trust successor to it are no longer doing intrastate, interstate, or foreign business in this State.
(b)    The failure of a foreign statutory trust to register in this State does not:
(1)    Impair the validity of a contract or act of the foreign statutory trust; or
(2)    Prevent the foreign statutory trust from defending any action, suit, or proceeding in a court of this State.
(c)    A foreign statutory trust, by doing business in this State without registration, appoints the Department as its agent for service of process with respect to causes of action arising out of doing business in this State.
(d)    (1)    (i)    If a foreign statutory trust does any intrastate, interstate, or foreign business in this State without registering, the Department shall impose a penalty of $200 on the foreign statutory trust.
(ii)    The penalty under this subsection shall be collected and may be reduced or abated under § 14–704 of the Tax – Property Article.
(2)    A trustee or an agent who transacts intrastate, interstate, or foreign business in this State on behalf of a foreign business trust that has not registered with the Department is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-908 - Doing Business

(a)    In addition to any other activities which may not constitute doing business in this State, for the purposes of this subtitle, the following activities of a foreign statutory trust do not constitute doing business in this State:
(1)    Maintaining, defending, or settling an action, a suit, a claim, a dispute, or an administrative or arbitration proceeding;
(2)    Holding meetings of its trustees or agents or carrying on other activities that relate to its internal affairs;
(3)    Maintaining bank accounts;
(4)    Conducting an isolated transaction not in the course of a number of similar transactions;
(5)    Foreclosing mortgages and deeds of trust on property in this State;
(6)    As a result of default under a mortgage or deed of trust, acquiring title to property in this State by foreclosure, deed in lieu of foreclosure, or otherwise;
(7)    Holding, protecting, renting, maintaining, and operating property in this State acquired as described in item (6) of this subsection; or
(8)    Selling or transferring title to property in this State acquired as described in item (6) of this subsection to any person, including the Federal Housing Administration or the Veterans Administration.
(b)    In addition to any other activities which may constitute doing business in this State, for the purposes of this subtitle, a foreign statutory trust that owns income producing real or tangible personal property in this State, other than property exempted by subsection (a) of this section, shall be considered to be doing business in this State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-910 - Compliance With Subtitle Is Not Consent to Suit

With respect to a cause of action as to which a foreign statutory trust would not otherwise be subject to suit in this State, compliance with this subtitle:
(1)    Does not of itself render a foreign statutory trust subject to suit in this State; and
(2)    Is not considered as consent by it to be sued in this State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-911 - Law Governing Merger

(a)    If a foreign statutory trust that owns property rights, privileges, franchises, or other assets located in this State is a party to a merger in which a foreign business entity is the successor, the transfer to, vesting in, or devolution on the successor of the property rights, privileges, franchises, or other assets of the nonsurviving foreign statutory trust is effective as provided by the laws of the jurisdiction that governs the merger.
(b)    The successor described in subsection (a) of this section shall file with the Department a certificate executed by an authorized person that specifies:
(1)    Each county in this State where a foreign statutory trust party to the merger, except the successor, owned an interest in land;
(2)    The name of each party to the merger;
(3)    The jurisdiction under the laws of which each party was formed; and
(4)    The name of the successor.
(c)    If a copy of the document effecting the merger has not been filed with the Department as provided in § 12–205 of this title, the successor shall file with the Department an officially certified copy of that document.
(d)    (1)    Except as provided in paragraph (2) of this subsection, when the Department receives the articles and any certificate of the successor, the Department shall prepare and file certificates of merger in the manner provided for a statutory trust.
(2)    The certificate of merger:
(i)    Need not state the principal office in the State of a foreign statutory trust that does not have a principal office; and
(ii)    Shall include other information specified in the certificate filed by the successor.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 9 - Foreign Statutory Trusts › Section 12-912 - Forfeiture of Right to Do Business

(a)    The Department may forfeit the right of a foreign statutory trust to do business in the State if the foreign statutory trust fails to file with the Department any report or fails to pay any late filing penalty required by law:
(1)    Within the time required by law; and
(2)    Thereafter, within 30 days after the Department makes a written demand for the delinquent report or late filing penalty.
(b)    Unless the Department excuses a reasonable delay for good cause shown, the forfeiture is effective 15 days after written notice of forfeiture from the Department without legal proceedings of any kind.
(c)    The demand for a delinquent report or late filing penalty and the notice of forfeiture shall be addressed to the foreign statutory trust:
(1)    At the address of the foreign statutory trust on file with the Department; or
(2)    If the foreign statutory trust has no address on file with the Department, in care of the Secretary of State or corresponding official of the jurisdiction in which the foreign statutory trust was formed or is existing, if known to the Department.
(d)    On forfeiture of the right of a foreign statutory trust to do business in the State, the foreign statutory trust is subject to the same rules, legal provisions, and sanctions as if it had never registered to do business in the State.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 10 - Conversions of Statutory Trusts › Section 12-1001 - General Rule

(a)    In this subtitle, “other entity” means:
(1)    A Maryland corporation incorporated under Title 2 of this article;
(2)    A foreign corporation, as defined in § 1–101 of this article;
(3)    A domestic limited liability company, as defined in § 4A–101 of this article;
(4)    A foreign limited liability company, as defined in § 4A–101 of this article;
(5)    A partnership, as defined in § 9A–101(i) of this article;
(6)    A limited partnership, as defined in § 10–101 of this article, including a limited partnership registered as a limited liability limited partnership under § 10–805 of this article;
(7)    A foreign limited partnership as defined in § 10–101 of this article;
(8)    A business trust, as defined in § 1–101 of this article, excluding a statutory trust; or
(9)    Another form of unincorporated business formed under the laws of this State or the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.
(b)    Except as provided in its governing instrument, a statutory trust may convert to an other entity by:
(1)    Approving the conversion in accordance with § 12–1002 of this subtitle; and
(2)    Filing for record with the Department articles of conversion executed in the manner required by Title 1 of this article.
(c)    An other entity may convert to a statutory trust by complying with § 12–1002 of this subtitle and filing for record with the Department:
(1)    Articles of conversion executed in the manner required by Title 1 of this article; and
(2)    A certificate of trust, which shall include the name of the converting other entity, executed in the manner required by § 12–204 of this title and otherwise complying with this title.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 10 - Conversions of Statutory Trusts › Section 12-1002 - Approval

(a)    Except as provided in the governing instrument, a conversion of a statutory trust to an other entity shall be approved by a majority of the trustees and by the beneficial owners by the affirmative vote of two–thirds of all the votes entitled to be cast on the matter.
(b)    A conversion of an other entity to a statutory trust shall be approved in the manner and by the vote required by its governing document and the laws of the place where it is incorporated or organized.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 10 - Conversions of Statutory Trusts › Section 12-1005 - Exchange or Conversion of Interests and Stock

(a)    In a conversion of an other entity to a statutory trust, the stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity may be exchanged for or converted into any one or more of the following:
(1)    Beneficial interests of the statutory trust or stock, evidence of indebtedness, membership interests, partnership interests, beneficial interests, or other ownership interests of any other statutory trust or other entity, whether or not party to the conversion;
(2)    Other tangible or intangible property;
(3)    Money; and
(4)    Any other consideration.
(b)    In a conversion of a statutory trust to an other entity, beneficial interests of the statutory trust may be exchanged for or converted into any one or more of the following:
(1)    Stock, evidence of indebtedness, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity to which the statutory trust is converted or of any other statutory trust or other entity, whether or not party to the conversion;
(2)    Other tangible or intangible property;
(3)    Money; and
(4)    Any other consideration.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 10 - Conversions of Statutory Trusts › Section 12-1006 - Completion of Conversion

(a)    The conversion of an other entity to a statutory trust shall be completed on the later of:
(1)    The formation of the statutory trust in accordance with this title; or
(2)    The effectiveness of articles of conversion filed for record with the Department.
(b)    The conversion of a statutory trust to an other entity shall be completed on the effectiveness of articles of conversion filed for record with the Department.
(c)    Articles of conversion are effective on the later of:
(1)    The time the Department accepts the articles of conversion for record; or
(2)    The future effective time of the articles of conversion as set forth in articles of conversion that have been accepted by the Department for record.
(d)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, at the time the conversion of an other entity to a statutory trust is completed:
1.    The other entity shall be converted to a statutory trust;
2.    The conversion shall have the effects set forth in § 12–1004 of this subtitle; and
3.    The statutory trust shall be subject to all of the provisions of the Maryland Statutory Trust Act.
(ii)    Notwithstanding § 12–204 of this title, the existence of the statutory trust shall be deemed to have commenced on the date the other entity commenced existence in the place in which the other entity was first incorporated, created, formed, or otherwise came into being.
(2)    At the time the conversion of a statutory trust to an other entity is completed, the conversion shall have the effects set forth in § 12–1004 of this subtitle.
2023 Maryland Statutes › Corporations and Associations › Title 12 - Statutory Trusts › Subtitle 10 - Conversions of Statutory Trusts › Section 12-1007 - Abandonment of Proposed Conversion

(a)    Except as provided in the governing instrument, unless the articles of conversion provide otherwise, the proposed conversion of a statutory trust to an other entity may be abandoned before the effective date of the articles of conversion by majority vote of the trustees of the statutory trust.
(b)    Unless the articles of conversion provide otherwise, the proposed conversion of an other entity to a statutory trust may be abandoned in the manner and by the vote required by the governing document of the other entity and the laws of the place in which it is incorporated or organized or, if no manner and vote is specified, in the manner and by the vote required to approve the conversion under § 12–1002 of this subtitle.
(c)    If the articles of conversion have been filed with the Department, notice of the abandonment shall be given promptly to the Department.
(d)    (1)    If the proposed conversion is abandoned as provided in this section, no legal liability arises under the articles of conversion.
(2)    Abandonment of a conversion under this section does not prejudice the rights of any person under any other contract made by a statutory trust party to the proposed conversion in connection with the proposed conversion.
2023 Maryland Statutes › Correctional Services › Title 1 - Definitions; General Provisions › Subtitle 1 - Definitions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated.
(b)    “Commissioner of Correction” means the Commissioner of the Division of Correction.
(c)    “Comptroller” means the Comptroller of the State.
(d)    “Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.
(e)    “County” means a county of the State and Baltimore City.
(f)    “Department” means the Department of Public Safety and Correctional Services.
(g)    “Division of Correction” means the Division of Correction in the Department of Public Safety and Correctional Services.
(h)    “Division of Parole and Probation” means the Division of Parole and Probation in the Department of Public Safety and Correctional Services.
(i)    “Immigration detention agreement” means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes a State or local government agency to house or detain individuals for federal civil immigration violations.
(j)    “Immigration detention facility” means any building, facility, or structure used, in whole or in part, to house or detain individuals for federal civil immigration violations.
(k)    “Inmate” means an individual who is actually or constructively detained or confined in a correctional facility.
(l)    “Local correctional facility” means a correctional facility that is operated:
(1)    by one or more counties; or
(2)    by a municipal corporation.
(m)    “Managing official” means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a correctional facility.
(n)    “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.
(o)    “Secretary” means the Secretary of Public Safety and Correctional Services.
(p)    “State” means:
(1)    a state, possession, territory, or commonwealth of the United States; or
(2)    the District of Columbia.
(q)    (1)    “State correctional facility” means a correctional facility that is operated by the State.
(2)    “State correctional facility” includes:
(i)    the Patuxent Institution;
(ii)    the Baltimore City Detention Center; and
(iii)    the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department of Public Safety and Correctional Services.
(r)    “Treasurer” means the Treasurer of the State.
2023 Maryland Statutes › Correctional Services › Title 1 - Definitions; General Provisions › Subtitle 1 - Definitions › Section 1-102 - Immigration Detention by Private Entities Prohibited by State or Local Entities in Certain Circumstances

(a)    The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not:
(1)    enter into an agreement of any kind for the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity;
(2)    pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
(3)    receive any payment related to the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity; or
(4)    otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.
(b)    The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not approve a zoning variance or issue a permit for the construction of a building or the reuse of existing buildings or structures by any private entity for use as an immigration detention facility unless the governmental entity:
(1)    provides notice to the public of the proposed zoning variance or permit action at least 180 days before authorizing the variance or issuing the permit; and
(2)    solicits and hears public comments on the proposed zoning variance or permit action in at least two separate meetings open to the public.
(c)    (1)    The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not enter into or renew an immigration detention agreement.
(2)    The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government with an existing immigration detention agreement shall exercise the termination provision contained in the immigration detention agreement not later than October 1, 2022.
(d)    In any dispute over an immigration detention agreement with the State, the provisions of this section govern.
(e)    Nothing in this section may be construed to authorize or prohibit the State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government from entering into an agreement under 8 U.S.C. § 1357(g).
2023 Maryland Statutes › Correctional Services › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-201 - Verification

A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-102 - Secretary

(a)    (1)    With the advice and consent of the Senate, the Governor shall appoint the Secretary of Public Safety and Correctional Services.
(2)    The Secretary is the head of the Department.
(b)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.
(2)    The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on public safety, crime prevention, correction, parole, and probation.
(d)    The Secretary is entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-103 - Administration of Department

(a)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.
(b)    The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-105 - Deputy Secretaries

(a)    With the approval of the Governor, the Secretary shall appoint two Deputy Secretaries.
(b)    The Deputy Secretaries:
(1)    serve at the pleasure of the Secretary; and
(2)    are entitled to the compensation provided in the State budget.
(c)    The Deputy Secretaries:
(1)    shall assist the Secretary in administering the Department; and
(2)    have the other duties provided by law or delegated by the Secretary.
(d)    The Secretary shall designate a Deputy Secretary to be the acting Secretary when the Secretary is absent from the State or otherwise unavailable.
(e)    If the Secretary is required by law to make an appointment, with the approval of the Governor, to a particular office within the Department and the appointee is required by law to serve at the pleasure of the Secretary, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-106 - Staff -- Secretary's Office

(a)    In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary.
(b)    The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary.
(c)    (1)    (i)    The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant.
(ii)    An employee specified in subparagraph (i) of this paragraph:
1.    is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and
2.    serves at the pleasure of the Secretary.
(2)    Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-108 - Staff -- Other Units

(a)    The appointment or removal of personnel by a unit or appointing officer in the Department is subject to the approval of the Secretary.
(b)    The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-109 - Regulations

(a)    The Secretary shall adopt regulations for the office of the Secretary.
(b)    (1)    The Secretary shall review regulations proposed by a unit in the Department.
(2)    The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the Secretary shall adopt regulations to govern the policies and management of correctional facilities in the Department in accordance with Title 10, Subtitle 1 of the State Government Article.
(2)    Paragraph (1) of this subsection does not apply to a guideline pertaining to the routine internal management of correctional facilities in the Division of Correction.
(3)    (i)    Subject to subparagraph (ii) of this  paragraph, the Secretary shall adopt regulations that provide for a requirement that:
1.    a correctional officer hired on or after October 1, 2007, for employment in any unit of the Division of Correction shall be at least 21 years old; and
2.    a correctional officer hired on or after October 1, 2008, for employment in any unit of the Division of Pretrial Detention and Services or the Patuxent Institution shall be at least 21 years old.
(ii)    The regulations adopted under subparagraph (i) of this paragraph shall exempt any honorably discharged veteran or reserve member of the United States armed forces from the minimum age requirement.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-111 - Secretary's Duties -- Plans and Activities

(a)    The Secretary is responsible for planning activities of the Department.
(b)    The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-112 - Secretary's Duties -- Evaluation of Units

(a)    The Secretary may authorize an evaluation or study of the operation and effectiveness of any unit in the Department.
(b)    (1)    The Secretary may make the records of any inmate or unit available to a person who is authorized to conduct an evaluation or study under subsection (a) of this section.
(2)    A person who obtains a record as provided under this subsection may not transmit by any means the record or any information contained in the record to a person other than the Secretary.
(c)    Except as provided in subsection (d) of this section, the evaluation or study shall be:
(1)    reported to the Secretary; and
(2)    released to the public by the Secretary.
(d)    The evaluation or study may not contain the name of an inmate unless the inmate and the Secretary consent.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-113 - Secretary's Powers -- Assumption of Functions

(a)    Except as provided in subsection (b) of this section, the Secretary, or the Deputy Secretary with the approval of the Secretary, may exercise any power, duty, responsibility, or function of any unit, unit head, or appointing officer in the Department.
(b)    The Secretary or the Deputy Secretary may not exercise a power, duty, responsibility, or function that is set forth in:
(1)    §§ 7–204(b)(2), 7–205(a), and 7–401 of this article; or
(2)    Title 10, Subtitle 3 of this article.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-113.1 - Secretary's Powers -- Subpoenas

(a)    The Secretary may subpoena, administer an oath to, and examine under oath any person if the Secretary considers it necessary for the effective administration of the Secretary’s duties.
(b)    A person who fails to appear before the Secretary or refuses to testify when subpoenaed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(c)    A person who makes a false statement under oath before the Secretary is guilty of perjury and on conviction is subject to the penalty provided under § 9–101 of the Criminal Law Article.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-114 - Secretary's Powers -- Transfer of Functions

(a)    To increase efficiency and economy, the Secretary may transfer, assign, or reassign any function, activity, or staff, and the associated funds and equipment, from a unit in the Department to another unit in the Department.
(b)    (1)    A transfer authorized by this section shall be made in accordance with the State Personnel and Pensions Article and the State Finance and Procurement Article.
(2)    Except for a warden, assistant warden, or a chief of security of a State correctional facility, an employee of the Department may not be transferred or reassigned involuntarily to a work site that is more than 50 miles from the work site to which the employee previously was assigned.
(c)    (1)    If the transfer of a function or activity under this section renders the name of a unit in the Department misleading or inadequate, the Secretary may, with the Governor’s approval, rename the affected unit.
(2)    If the Secretary renames a unit as provided under paragraph (1) of this subsection, the Secretary shall submit legislation during the next session of the General Assembly to make any necessary conforming changes to the Code.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-116 - Legal Counsel

(a)    This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.
(b)    The Attorney General is the legal adviser to the Department.
(c)    The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units.
(d)    (1)    The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary.
(2)    The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns.
(3)    The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-117 - Authority to Assign Supervision of Inmates, Parolees, and Others

With the approval of the Secretary, the care, control, or supervision of an individual in a State correctional facility, on parole, or on mandatory supervision may be assigned to any employee of the Department who has proper certification from the Maryland Correctional Training Commission.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 1 - Department Established › Section 2-118 - Fee for Medical Services to Incarcerated Individual

(a)    This section applies to inmates in a State correctional facility.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Secretary shall assess a reasonable fee not to exceed $4 for each visit by an inmate to a medical unit, physician, dentist, or optometrist for health care services.
(2)    The Secretary may not assess a fee for health care services that are:
(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 correctional facility;
(v)    required for necessary treatment; or
(vi)    initiated by a medical or mental health staff member of the correctional facility.
(c)    The Secretary shall adopt regulations to implement and collect the fees required by this section.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 2 - Units in Department › Section 2-201 - Units in Department

The following units are in the Department:
(1)    the Division of Correction;
(2)    the Division of Parole and Probation;
(3)    the Division of Pretrial Detention and Services;
(4)    the Patuxent Institution;
(5)    the Board of Review for Patuxent Institution;
(6)    the Maryland Commission on Correctional Standards;
(7)    the Correctional Training Commission;
(8)    the Maryland Police Training and Standards Commission;
(9)    the Maryland Parole Commission;
(10)    the Emergency Number Systems Board;
(11)    the Sundry Claims Board;
(12)    the Inmate Grievance Office; and
(13)    any other unit that by law is declared to be part of the Department.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 4 - Correctional Mutual Aid Agreements › Section 2-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Correctional unit” means a unit of Maryland State or local government that is directly responsible for the care, custody, and control of individuals committed to the custody of the unit for the commission or alleged commission of a crime or an act that would be a crime if committed by an adult.
(2)    “Correctional unit” includes:
(i)    the Department of Public Safety and Correctional Services;
(ii)    the Department of Juvenile Services; and
(iii)    the office of the sheriff of a county or other unit of government with responsibility for operating a local correctional facility or county detention center.
(c)    “Mutual aid agreement” means a written agreement to establish and carry out a plan to assist in providing temporary services to alleviate an emergency situation at a facility operated by a correctional unit.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 4 - Correctional Mutual Aid Agreements › Section 2-403 - General Consideration

(a)    A correctional unit may enter into or renew a mutual aid agreement with any other correctional unit in accordance with this section.
(b)    (1)    Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage, personal injury, or wrongful death that arises out of the mutual aid activities, including travel, of the party that provides assistance outside of the party’s own jurisdiction.
(2)    The party that requests assistance need not indemnify the party that provides assistance if:
(i)    the party that provides assistance does not cooperate in defending against a claim made by a third party; or
(ii)    the claim by a third party arises out of a malicious act of the party that provides assistance.
(c)    Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party that occur outside its own jurisdiction under the mutual aid agreement.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 4 - Correctional Mutual Aid Agreements › Section 2-404 - Training Requirements

At the request of the Secretary of Public Safety and Correctional Services, the Secretary of Juvenile Services, or the head of any correctional unit, a staff person of a correctional unit who has been trained and certified by the Correctional Training Commission in the care, custody, and control of individuals may function at the location in need under a mutual aid agreement.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 4 - Correctional Mutual Aid Agreements › Section 2-405 - Services Considered in Course of Employment and in Line of Duty

For the purpose of a workers’ compensation law or benefit or other law or benefit that would apply or accrue to an individual who is performing a service anywhere for a correctional unit under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.
2023 Maryland Statutes › Correctional Services › Title 2 - Department of Public Safety and Correctional Services › Subtitle 5 - Ballot Drop Box › Section 2-501 - Ballot Drop Box in Baltimore City Centralized Booking Facility -- Implementation With State Board of Elections

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Baltimore City centralized booking facility” means the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.
(3)    “Election–related materials” means documents and other items associated with the registering for and voting in an election, including:
(i)    absentee ballot applications;
(ii)    absentee ballots; and
(iii)    voter registration applications.
(4)    “Eligible voter” means an individual who:
(i)    is incarcerated at the Baltimore City centralized booking facility; and
(ii)    has the right to vote under State law.
(b)    The Baltimore City centralized booking facility shall:
(1)    provide a secure, designated ballot drop box from the State Board of Elections to eligible voters so that they may easily submit the following election–related materials to the State Board of Elections or a local board of elections:
(i)    absentee ballot applications;
(ii)    absentee ballots; and
(iii)    voter registration forms;
(2)    monitor the ballot drop box provided under item (1) of this subsection 24 hours a day and 7 days a week; and
(3)    disseminate written notifications directly to each eligible voter on how and when to use the ballot drop box provided under item (1) of this subsection.
(c)    (1)    The State Board of Elections shall provide the Baltimore City centralized booking facility with:
(i)    the ballot drop box and written notification materials to disseminate to eligible voters under subsection (b) of this section; and
(ii)    advice and guidance in carrying out the requirements of subsection (b) of this section.
(2)    The State shall pay for the ballot drop box.
(d)    The Baltimore City centralized booking facility shall cooperate fully with the State Board of Elections in implementing the requirements of this section.