Md. Code, Correctional Services § 11-101
Except as provided in § 11-102.1 of this subtitle, this subtitle does not apply to Baltimore City.
Md. Code, Correctional Services, Title 11
Md. Code, Correctional Services, Title 11
in effectMd. Code, Correctional Services § 11-102
(a) The governing body of one or more counties may establish and maintain a local correctional facility.
(b) (1) The governing bodies of two or more counties may enter into a written agreement with each other as to allocation of responsibility, construction, operation, maintenance, and appointment of personnel in connection with a local correctional facility.
(2) The State may be a party to an agreement under this subsection.
Md. Code, Correctional Services § 11-102.1
§11–102.1.
A municipal corporation or Baltimore City may not establish a local correctional facility outside its corporate limits unless it has obtained approval from the governing body of the county in which the local correctional facility is proposed to be established.
Md. Code, Correctional Services § 11-103
(a) The managing official of a local correctional facility is responsible for the safekeeping and care of each incarcerated individual or other individual detained in or sentenced to the local correctional facility from the time the incarcerated individual or individual is lawfully detained in or committed to the local correctional facility until discharged, released, or withdrawn under a court order or other lawful authority.
(b) Except when an incarcerated individual or other individual is lawfully assigned to a local correctional facility operated by more than one county, this section does not affect the powers and duties of the sheriff of a county with respect to the safekeeping and custody of an incarcerated individual or other individual.
Md. Code, Correctional Services § 11-104
(a) This section applies except as provided in § 11-105 of this subtitle.
(b) (1) If a county or counties determine to construct or maintain a local correctional facility, the county or counties may apply to the Secretary for financial assistance for the construction or enlargement of the local correctional facility.
(2) The applicant shall provide information in the form required by the Secretary, including:
(i) the program and plans for construction; and
(ii) the rehabilitation and training programs to be instituted.
(c) If the Secretary approves a construction plan under this section, the State shall pay the same share as that provided for jail construction or rehabilitation.
(d) The Secretary may receive a grant of funds from the federal government or any other public or private foundation or agency for the purposes designated in this section.
(e) (1) Subject to the provisions of paragraph (2) of this subsection, if a county that maintains, operates, or participates in a local correctional facility provides for improvements to the local correctional facility that are required as the result of the adoption of mandatory or approved standards, the Board of Public Works shall make provision for the State to pay 50% of the costs of the construction or improvements.
(2) The plans and costs for construction or improvements under this section shall be subject to approval by:
(i) the Secretary;
(ii) the Division of Correction;
(iii) the Department of General Services; and
(iv) the Department of Budget and Management.
Md. Code, Correctional Services § 11-105
(a) If the Secretary determines that the anticipated confinement of incarcerated individuals who are serving sentences of more than 6 months but not exceeding 12 months in a county’s local correctional facility would exceed the capacity of the local correctional facility, a county may apply to the Secretary for financial assistance for the construction of a new or enlarged existing local correctional facility.
(b) For the purpose of anticipating incarcerated individual confinement under subsection (a) of this section, the Secretary annually shall review and study each county’s local correctional facility population in conjunction with data relevant to patterns of:
(1) sentencing;
(2) geographic distribution of incarcerated individuals; and
(3) the rates of growth in the number of incarcerated individuals sentenced to more than 6 months but not exceeding 12 months as compared to the number similarly sentenced before January 1, 1988.
(c) (1) Subject to the State budget appropriation process and in accordance with this section, if a county applies for financial assistance under subsection (a) of this section and a county’s construction plan is approved by the Secretary under this section, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
(i) a new local correctional facility; or
(ii) enlargement of an existing local correctional facility.
(2) If a county’s construction plan is disapproved by the Secretary, the county may appeal to the Board of Public Works.
(3) Subject to the State budget appropriation process, if a county applies for financial assistance under subsection (a) of this section and the Board of Public Works approves the construction plan, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
(i) a new local correctional facility; or
(ii) enlargement of an existing local correctional facility.
(d) The plans and costs for construction or enlargement of a local correctional facility by a county under this section are subject to:
(1) the procedures followed by State units for requested capital projects; and
(2) approval by the Secretary.
Md. Code, Correctional Services § 11-106
(a) On approving local correctional facility plans that require State financial assistance, the Secretary shall enter into a written contract with the county or counties involved setting forth the rights, powers, duties, and responsibilities of all parties.
(b) The contract may provide for the housing and rehabilitation in a local correctional facility of incarcerated individuals sentenced to State correctional facilities under conditions agreed on by all parties.
(c) The Secretary may not approve a contract unless the contract provides:
(1) for a periodic review of the facilities and rehabilitation and training programs of the local correctional facility by the Maryland Commission on Correctional Standards; and
(2) that the local correctional facility is in substantial compliance with the minimum mandatory standards described in § 8–103(a) of this article.
(d) In the absence of any contract, court order, or consent decree, incarcerated individuals sentenced to the jurisdiction of the Division of Correction may not be housed in a local correctional facility for more than 30 days while awaiting transfer to the Division of Correction.
Md. Code, Correctional Services § 11-107
An agreement, contract, or other instrument approved by the Secretary shall be subject to the approval of the Board of Public Works before final execution.
Md. Code, Correctional Services § 11-201
(a) (1) The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.
(2) (i) The sheriff shall receive and keep safely in a local correctional facility each individual committed to the custody of the sheriff under authority of the United States until the individual is discharged by due course of law.
(ii) An individual committed to the custody of the sheriff under the authority of the United States shall be kept in the same manner and be subject to the same penalties as an individual committed to the custody of the sheriff under the authority of the State.
(iii) For keeping and supporting an individual committed to the custody of the sheriff under the authority of the United States, a sheriff is entitled to receive 30 cents per day to be paid by the United States.
(b) (1) In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.
(2) A managing official is responsible for the safekeeping, care, and feeding of incarcerated individuals in the custody of a local correctional facility, including an incarcerated individual who is working on the public highways or going to and from that work, until the incarcerated individual is discharged, released, or withdrawn from the local correctional facility by due course of law.
(3) Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of incarcerated individuals.
(c) (1) The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by certified law enforcement officers other than the Sheriff.
(2) The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by corrections officers or law enforcement officers other than the Sheriff.
(d) The County Council of Baltimore County, by resolution or law, may require that the Sheriff of Baltimore County operate and administer the Baltimore County Jail.
(e) The County Commissioners of Queen Anne’s County, by resolution or law, may authorize the Warden of the County Detention Center to continue the management of the County Detention Center.
Md. Code, Correctional Services § 11-202
(a) Except as provided in subsection (b) of this section, when an individual is convicted in any court of the State and sentenced to imprisonment in the Division of Correction, the sheriff of the county in which the court is located shall:
(1) remove the individual from the court as soon as possible; and
(2) deliver the individual to the Division of Correction at the expense of the county.
(b) The County Council of Anne Arundel County, by resolution or law, may provide that a certified law enforcement officer other than the Sheriff shall remove an individual from court after conviction.
(c) A sheriff who does not comply with subsection (a) of this section shall forfeit $1,000.
Md. Code, Correctional Services § 11-203
(a) (1) The managing official of a local correctional facility shall provide to an incarcerated individual in the custody of the managing official:
(i) food and board; and
(ii) any article of comfort that is considered necessary for a sick incarcerated individual by the physician attending the incarcerated individual.
(2) Except as provided in §§ 11–204 and 11–205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to incarcerated individuals under paragraph (1) of this subsection.
(b) An incarcerated individual in a local correctional facility who is sick, injured, or disabled shall:
(1) reimburse the county, as appropriate, for the payment of medical expenses; and
(2) provide the managing official with any information relating to:
(i) the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;
(ii) the incarcerated individual’s eligibility for benefits under the Maryland Medical Assistance Program;
(iii) the name and address of any third party payor; and
(iv) any policy or other identifying number relating to items (i) through (iii) of this item.
(c) (1) In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual in a local correctional facility to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
(2) The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the managing official on behalf of the incarcerated individual.
(3) The fees collected under this subsection shall be deposited in the general fund of the county.
(4) This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:
(i) required as a part of the intake process;
(ii) required for an initial physical examination;
(iii) due to a referral by a nurse or physician’s assistant;
(iv) provided during a follow–up visit that is initiated by a medical professional from the local correctional facility;
(v) initiated by a medical or mental health staff member of the local correctional facility; or
(vi) required for necessary treatment.
(d) Subsections (b) and (c) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (b) of this section.
Md. Code, Correctional Services § 11-204
A county or managing official is not responsible for payment for services or treatment rendered to an incarcerated individual as a result of admission to a State facility for individuals who have mental disorders as defined in § 10–101(i) of the Health – General Article.
Md. Code, Correctional Services § 11-205
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Health care provider” has the meaning stated in § 19–132 of the Health – General Article.
(ii) “Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.
(3) “Health care service” has the meaning stated in § 19–132 of the Health – General Article.
(4) “Medicaid rate” means:
(i) the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or
(ii) if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).
(b) Liability for payment to a health care provider for any health care service provided to an incarcerated individual committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:
(1) the actual amount billed by the health care provider for the health care service; or
(2) the Medicaid rate for the health care service.
(c) (1) A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.
(2) The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.
Md. Code, Correctional Services § 11-206
(a) If a representation is made to the managing official of a local correctional facility that an incarcerated individual in the custody of the managing official is pregnant, the managing official may:
(1) before the anticipated birth, have the incarcerated individual transferred from the local correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and
(2) return the incarcerated individual to the local correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.
(b) The use of physical restraints on an incarcerated individual during a transfer made under this section shall be in accordance with § 9–601 of this article.
Md. Code, Correctional Services § 11-301
(a) In this subtitle the following words have the meanings indicated.
(b) “Center” means a community adult rehabilitation center.
(c) “Commissioner” means the Commissioner of Correction.
(d) “Regional center” means a center that serves more than one county.
Md. Code, Correctional Services § 11-302
Except as otherwise provided in this subtitle, provisions of this subtitle that apply to a center shall also apply to a regional center.
Md. Code, Correctional Services § 11-303
The General Assembly finds that:
(1) there is a need for centers for the housing and rehabilitation of individuals who have been convicted of crimes but who, in the judgment of the courts and appropriate correctional personnel, can best be rehabilitated without substantial danger to the community in a local community facility;
(2) the centers should be only one component in the overall correctional system and be utilized only for individuals who can best be rehabilitated in them and who will not present a substantial danger to the community;
(3) to assure the public that the centers will be safe, the centers should, to the maximum extent practicable, be located and operated by the counties, consistent with statewide standards, and with State financial and technical support; and
(4) the State should have the authority to locate, construct, and operate a center only if:
(i) there is a demonstrated need for a center; and
(ii) the county fails to provide for the location of a center after a reasonable time.
Md. Code, Correctional Services § 11-304
(a) This subtitle does not affect:
(1) the authority granted under Subtitles 1 and 7 of this title; or
(2) a work release program established under Subtitles 1 and 7 of this title.
(b) (1) With the approval of the Secretary, a county may convert a work release program established under Subtitles 1 and 7 of this title into a center that is subject to this subtitle.
(2) The Secretary shall adopt regulations for the conversion of a work release program into a center.
Md. Code, Correctional Services § 11-305
(a) The regulations adopted by the Secretary under § 8-103(a) and (b) of this article shall include minimum State standards for centers.
(b) The minimum State standards for centers shall include criteria and guidelines for:
(1) siting;
(2) physical characteristics, including design and layout;
(3) programs and staffing;
(4) screening procedures for placement;
(5) accounting, reporting, and accountability; and
(6) general program and management operations.
Md. Code, Correctional Services § 11-306
(a) (1) With the assistance and advice of the Commissioner, the Secretary shall evaluate and determine the need, if any, for one or more centers or regional centers in each county or multicounty region of the State.
(2) In preparing an evaluation of need as provided under paragraph (1) of this subsection, the Secretary shall:
(i) for a center that serves a single county, consult with the governing body of that county; or
(ii) for a regional center, consult with the governing body of each county in the region.
(3) A county or the counties in a region may request a completed evaluation of need study from the Secretary.
(b) The standard to be used by the Secretary in making a determination of need is whether and to what extent, based on historic data and reasonable projections, there are and will be residents of the county or region convicted of crimes who can best be rehabilitated in community-based facilities without substantial danger to the community.
(c) (1) If the Secretary determines that a center or a regional center is needed, the Secretary shall:
(i) for a center that serves a single county, certify the determination of need to the governing body of that county; or
(ii) for a regional center, certify the determination of need to the governing body of each county in the region.
(2) The determination that is certified by the Secretary as provided under paragraph (1) of this subsection shall include the present and future needs over at least a 10-year period.
Md. Code, Correctional Services § 11-307
(a) (1) If the Secretary determines and certifies that there is a present need for a center or regional center, the county or counties in a region shall promptly initiate and pursue appropriate procedures to select a suitable site for the center.
(2) The Secretary shall cooperate with and assist the county or counties in a region in the selection of a site that will be consistent with the standards adopted under § 11-305 of this subtitle.
(3) Before selecting a site, the governing body of a county in which a site is proposed shall hold at least one public hearing in the county.
(b) (1) Subject to paragraph (2) of this subsection, a county may:
(i) acquire a site or facility that is located in the county for use as a center by lease, purchase, condemnation, or other lawful manner; and
(ii) construct or renovate a facility on a site acquired by the county.
(2) A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that:
(i) there is a need for the center;
(ii) the proposed site and facility are appropriate; and
(iii) the facility is or, on completion, will be, consistent with the standards adopted under § 11-305 of this subtitle.
(c) Subject to the requirements of and authority granted under subsection (b) of this section, counties may enter into agreements with each other and with the State for the location, acquisition, construction, and renovation of facilities for a regional center.
(d) If a county is divided into councilmanic districts or contains more than one legislative district, the county may provide by ordinance that it will not place more than one center in a councilmanic or legislative district unless there is a center in each councilmanic or legislative district in the county.
(e) (1) Except as provided in paragraph (2) of this subsection, if a county or the counties in a region fail to submit to the Secretary a proposed site and plans for a facility on it consistent with the standards adopted under § 11-305 of this subtitle within 18 months after the Secretary has certified the need for a center under § 11-306(c) of this subtitle, the Secretary shall declare the county or counties in default.
(2) For good cause shown, the Secretary may extend the time allowed under paragraph (1) of this subsection for not more than 6 months.
(f) (1) Subject to paragraphs (2) and (3) of this subsection, if the Secretary declares a county or counties in a region in default under subsection (e) of this section, the Secretary shall recommend a site for a center or a regional center to the Board of Public Works.
(2) The Secretary may recommend to the Board of Public Works a site for a regional center in lieu of a center that serves a single county.
(3) The Secretary shall make a recommendation for a site:
(i) within 6 months of a default; and
(ii) after holding a public hearing in the county in which the site is proposed.
(4) If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section.
(g) A center may not be established or expanded beyond a capacity of 108 beds without the approval of the Secretary and:
(1) for a single county center, the county in which the center is located or is to be located; or
(2) for a regional center, the counties in the region.
Md. Code, Correctional Services § 11-310
(a) Repealed.
(b) Repealed.
(c) Repealed.
(d) (1) A county may accept and use federal funds specifically designated to finance programs or staff in excess of the minimum State standards adopted by the Secretary under § 11–305 of this subtitle.
(2) As long as the specifically designated federal funds are used for programs or staff in excess of the minimum State standards, the State subsidy may not be reduced because of the specifically designated federal funds.
Md. Code, Correctional Services § 11-311
(a) (1) A center that is acquired, constructed, or renovated by a county as authorized under § 11-307(b) of this subtitle shall be operated by the county.
(2) The director, staff, and other employees of the center shall be employees of the county.
(b) (1) A regional center that is acquired, constructed, or renovated by the counties in a region as authorized under § 11-307(c) of this subtitle shall be operated in accordance with the agreement entered into by the counties.
(2) The director, staff, and other employees of the regional center shall be employees of one or more of the counties as provided in the agreement.
(c) (1) A center that is acquired, constructed, or renovated by the State on the default of a county or counties in a region under § 11-307(f) of this subtitle shall be operated by the State.
(2) The director, staff, and other employees of the center shall be employees of the State.
(d) Subject to terms and conditions approved by the Secretary, a county, the counties in a region, or the State may provide for the operation of a center by contract with a nonpublic person.
Md. Code, Correctional Services § 11-312
(a) A center shall have a community advisory board.
(b) The county operating the center shall determine the advisory function, composition, and appointment of members of the community advisory board.
(c) The director of the center shall consult with and generally inform the community advisory board periodically concerning incarcerated individuals in the center.
Md. Code, Correctional Services § 11-313
(a) If a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is a charter county, the director and any assistant director shall be appointed and removed by the chief executive officer of the county government with the advice of the community advisory board and the advice and consent of the Commissioner.
(b) Except as provided in subsection (e) of this section, if a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is not a charter county subject to Article XI-A of the Maryland Constitution, the director and any assistant director shall be appointed and removed by the county commissioners with the advice of the community advisory board and the advice and consent of the Commissioner.
(c) If a center is a regional center operated by agreement of the counties in the region in accordance with § 11-311(b) of this subtitle, the director and any assistant director shall be appointed and removed by the officials of the county governments in accordance with the regional agreement and with the advice of the community advisory board and the advice and consent of the Commissioner.
(d) If a center is operated by the State in accordance with § 11-311(c) of this subtitle, the director and any assistant director shall be appointed and removed by the Commissioner with the advice of the community advisory board.
(e) If a center is operated by Cecil County:
(1) the Sheriff shall appoint a center director;
(2) the director serves at the pleasure of the Sheriff; and
(3) the Sheriff may remove the director at any time with or without cause.
Md. Code, Correctional Services § 11-314
Subject to applicable budgetary rules, regulations, and procedures and any applicable regional agreement, the State, a county, or a body created in accordance with a regional agreement may enter into contracts and take other appropriate actions necessary or desirable to carry out this subtitle.
Md. Code, Correctional Services § 11-315
(a) (1) A center shall:
(i) have a properly monitored work release program; and
(ii) make arrangements for appropriate counseling, educational, and rehabilitative programs and services.
(2) A center may arrange for counseling, educational, and rehabilitative programs and services by a purchase of service agreement or contract with a person or governmental unit.
(3) To the extent practicable, a center shall utilize appropriate programs and services that exist in the community.
(4) A center may establish, direct, and implement a prerelease program.
(b) The recreational, educational, vocational, and other facilities of a center may be made available for use by the community.
Md. Code, Correctional Services § 11-316
(a) Except as provided in subsection (c) of this section, the Commissioner may place an incarcerated individual in a center if the incarcerated individual:
(1) is a resident of:
(i) the county in which the center is located; or
(ii) for a regional center, one of the counties in the region;
(2) has:
(i) less than 6 months remaining on a sentence;
(ii) less than 6 months remaining until a determined parole date; or
(iii) a sentence of 3 years or less; and
(3) has been screened by a center staff member and approved by the center director as provided under subsection (b) of this section.
(b) (1) A center staff member shall screen an incarcerated individual for placement in a center.
(2) After a review of the screening data, the center director may approve a placement based on screening standards that are established by the community advisory board, the center director, and the Commissioner.
(3) The screening standards shall include a presentence investigation report if available and a complete record of previous convictions.
(c) (1) This subsection applies only to Cecil County.
(2) The Commissioner may place an incarcerated individual in a center operated by Cecil County if the incarcerated individual:
(i) has been committed by the court to the custody of the Commissioner;
(ii) is a legal resident of Cecil County;
(iii) has:
1. less than 6 months remaining on a sentence;
2. less than 6 months remaining until a determined parole date; or
3. a sentence of 3 years or less; and
(iv) has been screened by a center staff member and approved by the center director in accordance with subsection (b) of this section.
(3) The court may recommend that an incarcerated individual be placed in a center.
Md. Code, Correctional Services § 11-317
(a) This section applies to incarcerated individuals transferred to a center or regional center from a local correctional facility.
(b) (1) A center director may recommend to the court that an incarcerated individual in a local correctional facility be placed in a center based on locally established procedures.
(2) If a center director makes a recommendation as provided under paragraph (1) of this subsection, the judge ordering the confinement, or, if that judge is unable to act, another judge of the court that committed the incarcerated individual may approve the placement of the incarcerated individual in a center.
(c) (1) The center director may make a recommendation to a court that an incarcerated individual in a center be released from custody.
(2) The recommendation shall be based on a report of the incarcerated individual’s performance in the center.
(3) If a center director recommends the release of an incarcerated individual, the judge who ordered the confinement, or if that judge is unable to act, another judge of the court that committed the incarcerated individual may order the release of the incarcerated individual from custody.
(d) (1) Subject to § 11–318 of this subtitle, the center director may revoke the participation of an incarcerated individual.
(2) (i) If the remaining term of confinement of the incarcerated individual exceeds 12 months, the court that committed the incarcerated individual may designate the Division of Correction as the agency of custody.
(ii) The decision of the judge shall be based on a report of the center director to the judge that shows cause for revocation.
Md. Code, Correctional Services § 11-318
(a) The center director shall establish the terms and conditions of the center with the advice of the community advisory board.
(b) The center director may revoke the participation of an incarcerated individual in a center if the incarcerated individual violates the terms or conditions of the center.
Md. Code, Correctional Services § 11-319
(a) (1) In accordance with guidelines developed under paragraph (2) of this subsection, the center director or the director’s designee may grant an incarcerated individual the privilege of leaving the confines of a center for the following purposes:
(i) employment or seeking employment;
(ii) educational programs;
(iii) vocational training;
(iv) community and civic activities;
(v) volunteer work;
(vi) athletic competition;
(vii) personal or family visits; or
(viii) other similar rehabilitative activities.
(2) The guidelines for leave shall be developed by the county or counties that operate the center, reviewed by the community advisory board, and approved by the Secretary.
(3) When outside the confines of a center, an incarcerated individual shall carry, at all times, a copy of the form signed by the center director or the director’s designee containing the terms and conditions governing the grant of leave.
(4) An incarcerated individual on leave shall be deemed to be in the custody of the center to the same extent, and subject to the same supervision and control, as an incarcerated individual actually in confinement in the Division of Correction.
(5) An incarcerated individual who escapes while on leave under this section is subject to the penalties of § 9–404 of the Criminal Law Article.
(b) (1) The center director or the director’s designee shall collect the earnings of an incarcerated individual, less payroll deductions required by law.
(2) The center director or the director’s designee shall keep an accurate account of the earnings of an incarcerated individual.
(3) From the earnings of an incarcerated individual, the center director may deduct:
(i) an amount determined by the director to be the cost of providing food, lodging, and clothing to the incarcerated individual;
(ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in work release and rehabilitation programs;
(iii) any amount required by court order or agreement of the incarcerated individual, and not otherwise deducted, for the support of dependents; and
(iv) court ordered restitution payments.
(4) (i) Except as provided in subparagraph (ii) of this paragraph, any remaining balance shall be credited to the incarcerated individual’s account and paid to the incarcerated individual on release.
(ii) If approved by the director, any remaining balance may be paid to the incarcerated individual on the request of the incarcerated individual.
Md. Code, Correctional Services § 11-320
(a) The center director or the director’s designee may release personal information about an incarcerated individual on a “need to know” basis to:
(1) essential community resources and volunteer staff for the purpose of obtaining employment, training, education, or treatment services for the incarcerated individual on release; and
(2) an individual who agrees to sponsor the incarcerated individual in the individual’s home for authorized furloughs.
(b) The incarcerated individual shall be informed of confidentiality requirements.
(c) The staff of the center shall request that the incarcerated individual waive, in writing, the incarcerated individual’s right of confidentiality for the purpose of implementing this section.
Md. Code, Correctional Services § 11-401
In this subtitle, “governing body” means:
(1) the county council of a county with a charter form of government established under Article XI-A of the Maryland Constitution; or
(2) the board of county commissioners of any other county.
Md. Code, Correctional Services § 11-402
This subtitle does not apply to Frederick, Garrett, Harford, Howard, Washington, and Worcester counties.
Md. Code, Correctional Services § 11-403
The governing body of a county may establish a correctional farm.
Md. Code, Correctional Services § 11-404
(a) A governing body may:
(1) purchase or otherwise acquire real or personal property needed for a correctional farm; and
(2) provide for the disposition or retention of existing local correctional facilities in the county.
(b) (1) After considering the probable income from the correctional farm property, a governing body shall prepare an annual budget of proposed expenditures for the:
(i) care, operation, and maintenance of the property; and
(ii) feeding of incarcerated individuals.
(2) A budget prepared as provided under paragraph (1) of this subsection shall be included in the county’s annual budget.
(3) Any levy imposed for the budget prepared as provided under paragraph (1) of this subsection shall be collected as part of the county tax.
Md. Code, Correctional Services § 11-405
(a) The governing body:
(1) shall have full and complete jurisdiction and control over all:
(i) real property leased in connection with a correctional farm; and
(ii) personal property used in connection with a correctional farm; and
(2) may acquire by lease, purchase, or otherwise all real property, equipment, food, uniforms, clothing, books, ledgers, stationery, and other supplies necessary to carry out this subtitle.
(b) The county officials who are required by law to maintain, operate, and administer the local correctional facilities in a county shall maintain, operate, and administer any correctional farm established under this subtitle in the county.
(c) With the advice of the individual in charge of farming operations at a correctional farm, the governing body shall determine:
(1) the crops to be planted and grown on the correctional farm or real property held under lease; and
(2) the acreage for each crop.
(d) To the extent expedient, produce or proceeds from the sale of produce from the correctional farm shall be used to feed incarcerated individuals committed to the correctional farm.
Md. Code, Correctional Services § 11-406
(a) An incarcerated individual committed to or held in a local correctional facility may be transferred to the correctional farm in the county.
(b) Unless excused for good cause, an incarcerated individual committed to a correctional farm shall work as directed on the correctional farm or any real property leased in connection with the correctional farm.
Md. Code, Correctional Services § 11-407
(a) The governing body shall determine if an incarcerated individual shall be compensated for work performed by the incarcerated individual.
(b) If a governing body determines that an incarcerated individual shall be compensated as provided in subsection (a) of this section, the governing body shall determine whether the incarcerated individual’s compensation shall be:
(1) paid to the incarcerated individual during the incarcerated individual’s term of confinement;
(2) withheld until the incarcerated individual’s term of confinement expires; or
(3) paid periodically to an incarcerated individual’s dependent family.
Md. Code, Correctional Services § 11-501
In this subtitle, the provisions that apply to a local correctional facility also apply to the Baltimore City Detention Center.
Md. Code, Correctional Services § 11-502
(a) Except as provided in subsections (b) and (c) of this section, an incarcerated individual who has been sentenced to a term of imprisonment shall be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(2) An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(3) This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.
(c) (1) An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, who has previously been convicted of violating § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
(2) This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.
Md. Code, Correctional Services § 11-503
(a) An incarcerated individual shall be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month of presentence confinement during which the incarcerated individual:
(1) does not violate the rules of discipline; and
(2) labors with diligence and fidelity when the opportunity for labor is available.
(b) The deductions described in this section shall:
(1) begin on the day the incarcerated individual arrives at the local correctional facility;
(2) be made on a prorated basis for any portion of a calendar month of presentence confinement during which the incarcerated individual is committed to the local correctional facility; and
(3) cease on the day the incarcerated individual is:
(i) sentenced to a local correctional facility;
(ii) committed to the custody of the Commissioner of Correction; or
(iii) released.
Md. Code, Correctional Services § 11-504
(a) An incarcerated individual who is sentenced to a local correctional facility shall be allowed an initial deduction from the incarcerated individual’s term of confinement.
(b) The deduction described in subsection (a) of this section shall be calculated:
(1) from the first day of the incarcerated individual’s postsentence commitment to the custody of the local correctional facility to the last day of the incarcerated individual’s maximum term of confinement;
(2) (i) at the rate of 5 days for each calendar month if the incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article; or
(ii) at the rate of 10 days for each calendar month for all other incarcerated individuals; and
(3) on a prorated basis for any portion of a calendar month.
Md. Code, Correctional Services § 11-505
(a) In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month of presentence or postsentence confinement during which the incarcerated individual manifests:
(1) exceptional industry, application, and skill in the performance of any industrial, agricultural, or administrative tasks assigned to the incarcerated individual; or
(2) satisfactory industry, application, and progress in a vocational or other educational or training course.
(b) The deductions described in subsection (a) of this section shall:
(1) begin on the first day that the task is performed or the course is taken;
(2) be made on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the task or attended the course; and
(3) cease on the day the incarcerated individual is:
(i) committed to the custody of the Commissioner of Correction; or
(ii) released.
Md. Code, Correctional Services § 11-506
(a) (1) In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of not more than 5 days from the incarcerated individual’s term of confinement for each calendar month or portion of a calendar month of presentence or postsentence confinement during which an incarcerated individual manifests satisfactory industry, application, and progress in special selected work projects or other special programs.
(2) The deduction described in paragraph (1) of this subsection shall be calculated from the first day that an incarcerated individual is assigned a project or program.
(b) The managing official of a local correctional facility shall designate the projects and programs that make an incarcerated individual eligible for diminution credits under this section.
Md. Code, Correctional Services § 11-507
(a) If an incarcerated individual violates the rules of discipline of a local correctional facility, the managing official, for each violation, may revoke some or all of the diminution credits awarded under § 11–503 (presentence good conduct) or § 11–504 (postsentence good conduct) of this subtitle for the month in which the violation occurs.
(b) In addition to the revocation authorized under subsection (a) of this section, if a violation is aggravated or the incarcerated individual commits frequent violations, the managing official may revoke some or all of the diminution credits awarded under § 11–503 (presentence good conduct) or § 11–504 (postsentence good conduct) of this subtitle.
(c) This section does not affect the diminution credits awarded under §§ 11–505 (industrial, agricultural, or administrative tasks) and 11–506 (special selected work projects) of this subtitle.
(d) A managing official may not revoke diminution credits awarded to an incarcerated individual unless the incarcerated individual is afforded due process of law before the revocation.
Md. Code, Correctional Services § 11-508
If an incarcerated individual is committed to the custody of the Commissioner of Correction or transferred to another local correctional facility:
(1) the incarcerated individual’s record of accrued diminution credits shall be forwarded to the receiving correctional facility; and
(2) the receiving correctional facility shall apply the credits to reduce the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-509
If an incarcerated individual is entitled to a diminution of the incarcerated individual’s term of confinement under this subtitle and is transferred to a hospital or mental institution, the incarcerated individual may not be denied credit authorized by this subtitle.
Md. Code, Correctional Services § 11-601
(a) Except as provided in subsection (b) of this section and Subtitle 7 of this title, this subtitle applies in all counties.
(b) This subtitle does not apply in Montgomery County.
Md. Code, Correctional Services § 11-602
(a) (1) (i) When an individual is convicted of a crime and sentenced to a local correctional facility, the sentencing judge may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the incarcerated individual’s term of confinement.
(ii) When an individual is adjudicated to be in contempt of court and committed to the custody of a local correctional facility, the judge who commits the individual may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the period in which the individual is committed to the custody of the local correctional facility.
(2) If a judge allows an individual to continue employment or obtain new employment under paragraph (1) of this subsection, the judge shall designate either the managing official of the local correctional facility or the Division of Parole and Probation to supervise, arrange for, or obtain employment for the individual.
(b) If a judge designates a managing official or the Division of Parole and Probation to arrange for or obtain employment for an incarcerated individual as provided under subsection (a)(2) of this section, the managing official or Division:
(1) in the case of an incarcerated individual who has been regularly employed, shall arrange for continuation of employment without interruption to the extent possible; and
(2) in the case of an incarcerated individual who is not employed, shall make every effort to secure suitable employment that pays a fair and reasonable wage.
(c) If a managing official or the Division of Parole and Probation secures suitable employment for an incarcerated individual that pays a fair and reasonable wage, the incarcerated individual shall work a fair and reasonable number of hours each day and week.
Md. Code, Correctional Services § 11-603
Unless the court directs otherwise, an incarcerated individual shall be confined in the local correctional facility:
(1) when not employed; and
(2) between periods of employment.
Md. Code, Correctional Services § 11-605
If the committing court determines that an incarcerated individual’s conduct, diligence, and general attitude merit a diminution of sentence, the court may allow diminution of one–fourth of the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-606
(a) If an incarcerated individual violates a condition imposed for the incarcerated individual’s conduct, custody, or employment, the incarcerated individual shall be returned to the court.
(b) The court may:
(1) require that the balance of the incarcerated individual’s sentence be served in actual confinement; and
(2) cancel any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-607
The managing official of a local correctional facility shall receive an extra expense or mileage allowance as the local governing body determines for additional services provided under this subtitle.
Md. Code, Correctional Services § 11-701
(a) In this subtitle the following words have the meanings indicated.
(b) “Court” means the Maryland District Court or a circuit court of a county.
(c) “Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.
Md. Code, Correctional Services § 11-702
(a) This section applies only in Allegany County.
(b) (1) The Sheriff may:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) is recommended to the court for placement in the program by the program staff;
(ii) has no other charges pending in any jurisdiction; and
(iii) is not in detention for:
1. a crime of violence; or
2. the crime of escape under § 9–404 of the Criminal Law Article.
(c) (1) The Sheriff’s Department may:
(i) establish and direct a work release program; and
(ii) adopt guidelines for the operation of the program.
(2) (i) At the time of sentencing or at any time during an incarcerated individual’s confinement, the sentencing judge may order that the incarcerated individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
(ii) If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.
(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
(i) work at gainful, private employment;
(ii) seek gainful, private employment; or
(iii) participate in an educational, rehabilitative, or training program in the county.
(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
(5) (i) The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
3. any amount a court imposes for a fine, cost, or restitution;
4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
(iii) The Sheriff shall:
1. credit to the incarcerated individual’s account the remaining balance; and
2. dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
(i) removal from the work release program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(d) (1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
(i) is recommended for the program by the sentencing judge; and
(ii) has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
(5) While participating in the home detention program an incarcerated individual is responsible for:
(i) the incarcerated individual’s medical care and related expenses; and
(ii) costs of lodging, food, clothing, transportation, restitution, and taxes.
(6) The Sheriff may:
(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or
(ii) waive or reduce the fee.
(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.
(8) An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
Md. Code, Correctional Services § 11-703
(a) (1) In this section the following words have the meanings indicated.
(2) “Administrator” means the Administrator of the county’s local correctional facilities.
(3) “Participant” means an individual who participates in a program under this section.
(4) “Program” means, unless the context requires otherwise, a rehabilitation, home detention, pretrial release, or work program established and conducted under this section.
(b) This section applies only in Anne Arundel County.
(c) (1) If a provision of this section is inconsistent with another provision in the Code, the provision of this section controls.
(2) The privileges and penalties set forth in subsection (e)(1)(v) and (vi) of this section are the exclusive privileges and penalties that relate to the length of sentence of a participant in a program.
(3) While released from confinement under the terms of a program, a participant is not an agent, employee, or servant of the county.
(d) (1) The Administrator shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) (i) When an individual who is convicted of a crime is sentenced or at any time during the individual’s confinement as an incarcerated individual, a judge may allow the individual to participate in the home detention program.
(ii) In addition to participation at the recommendation of a judge under subparagraph (i) of this paragraph, the Administrator may place the incarcerated individual in the home detention program unless the court has ordered otherwise.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
(i) is recommended for the program by a judge or placed in the program by the Administrator under paragraph (2) of this subsection; and
(ii) has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
(5) While participating in the home detention program, an incarcerated individual is responsible for:
(i) the costs of the incarcerated individual’s medical care and related expenses; and
(ii) the costs of the incarcerated individual’s lodging, food, clothing, transportation, restitution, and taxes.
(6) The Administrator may:
(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or
(ii) waive or reduce the fee.
(7) The Administrator may determine the maximum number of participants in the home detention program.
(8) An incarcerated individual who knowingly violates a term or condition of the home detention program is subject to:
(i) the penalties provided under § 11–726 of this subtitle; and
(ii) any other disciplinary action authorized under law.
(e) (1) The Administrator may:
(i) establish, for the rehabilitation and training of an incarcerated individual who is sentenced to imprisonment in a local correctional facility, a program that enables the incarcerated individual to:
1. attend a vocational or educational institution;
2. work at gainful, private employment; or
3. participate in any other training or rehabilitation program;
(ii) establish eligibility criteria for participation in a program;
(iii) release an eligible incarcerated individual from actual confinement to participate in a program;
(iv) establish any other training or rehabilitation program;
(v) reduce a participant’s sentence 1 day for each day that the participant:
1. performs with exceptional industry, application, and skill any industrial, agricultural, or administrative task assigned to the participant; or
2. performs with satisfactory industry, application, and progress in the program to which the participant is assigned; and
(vi) after an administrative hearing, cancel any earned diminution of an incarcerated individual’s term of confinement if the incarcerated individual violates a regulation adopted under this section.
(2) (i) The Administrator shall adopt regulations to conduct each program.
(ii) In adopting the regulations, the Administrator shall consider the safety of the public and the security of a local correctional facility.
(iii) Except as provided in subsection (g)(2) of this section, if a condition of the sentence imposed by a court on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that incarcerated individual.
(3) While not released from confinement under the terms of a program, each participant shall be confined in a local correctional facility.
(4) (i) The Administrator or Administrator’s designee shall collect each participant’s total earnings, less payroll deductions.
(ii) From the participant’s earnings, the Administrator or designee shall pay:
1. voluntary or court–ordered payments for support of a dependent; and
2. court–ordered payments for restitution.
(iii) The Administrator may:
1. deduct a reasonable fee from the earnings of each incarcerated individual participating in the program; or
2. waive or reduce the fee.
(iv) The Administrator or designee shall:
1. credit to the participant’s account any remaining balance; and
2. dispose of the balance as requested by the participant and as approved by the Administrator.
(5) A participant who knowingly violates a regulation adopted under this section:
(i) is subject to removal from the program;
(ii) after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement; and
(iii) is subject to the provisions of § 11–726 of this subtitle.
(f) (1) The Administrator may:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to carry out the program.
(2) A court may order an individual to participate in the pretrial release program if the individual appears before the court after being charged and detained on bond.
(3) The court may enter the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
(g) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge or the Administrator may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in a program established under subsection (e) of this section, provided that the individual meets the eligibility criteria established by the Administrator for participation in that program.
(2) Subject to the eligibility criteria established by the Administrator, a judge may order that an individual participate in a program established under subsection (e) of this section.
(3) The Administrator may not allow an individual to participate in a program established under subsection (e) of this section if a court order prohibits the individual from participating in that program.
(h) (1) A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation.
(2) An individual who participates in the work program shall receive credit of at least the federal minimum wage per hour toward the fine and court costs.
(i) If the Administrator establishes and operates a community service program authorized by §§ 8–701 through 8–711 of this article, the Administrator may charge a reasonable fee to each individual participating in the program.
Md. Code, Correctional Services § 11-704
(a) In this section, “Commissioner” means the Commissioner of Pretrial Detention and Services.
(b) This section applies only in Baltimore City.
(c) (1) The Commissioner may allow an incarcerated individual of the Baltimore City Detention Center to participate in one of the activities specified in paragraph (2) of this subsection during the period of custody if the participation:
(i) is approved by the judge ordering confinement or, if that judge is unable to act, by another judge of the committing court; and
(ii) is in accordance with available programs.
(2) Subject to paragraph (1) of this subsection, an incarcerated individual may:
(i) continue regular employment;
(ii) obtain new employment;
(iii) participate in a training, rehabilitation, or other special program; or
(iv) attend an educational institution.
(3) (i) An incarcerated individual who is authorized to participate in a program under this subsection shall be held in custody between program hours or periods.
(ii) The Commissioner or Commissioner’s designee may allow an incarcerated individual who is authorized to participate in a program under this subsection to be held in custody through home detention by the use of electronic monitoring devices.
(iii) Subject to the availability of funds, the Commissioner may contract for halfway houses or other suitable housing facilities or electronic monitoring devices for incarcerated individuals authorized to participate in a program under this subsection.
(d) (1) An incarcerated individual who is employed under a work release program shall surrender to the Commissioner or Commissioner’s designee the total earnings of the incarcerated individual under the program, less payroll deductions required by law.
(2) From the net earnings of the incarcerated individual, the Commissioner or Commissioner’s designee shall deduct in the following order of priority:
(i) an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to the State of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual;
(ii) the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual custody under the program;
(iii) the amount, if any, that the incarcerated individual is legally obligated to pay for the support of a dependent by court order directed to the Commissioner; and
(iv) the amount for court–ordered payments for restitution.
(3) The Commissioner or Commissioner’s designee shall pay any amount deducted as required by paragraph (2)(iii) of this subsection as the court order directs.
(4) The Commissioner or Commissioner’s designee shall:
(i) credit to the incarcerated individual’s account any remaining balance; and
(ii) pay the balance in the incarcerated individual’s account to the incarcerated individual on release.
(5) If any part of the incarcerated individual’s final earnings under a work release program are required to satisfy the deductions specified in paragraph (2) of this subsection, the balance of the final earnings shall be forwarded to the incarcerated individual within 15 days after the date of release from the Baltimore City Detention Center.
(e) (1) A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation in Baltimore City.
(2) An individual who participates in the work program shall receive a credit of at least the federal minimum wage per hour toward the fine or court costs.
Md. Code, Correctional Services § 11-705
(a) (1) In this section the following words have the meanings indicated.
(2) “Administrator” means the Administrator of the Baltimore County detention facilities or the Administrator’s designee.
(3) “Leave” means authorized time away from a Baltimore County detention facility.
(4) “Participant” means an incarcerated individual in a Baltimore County detention facility who participates in a program under this section.
(b) This section applies only in Baltimore County.
(c) (1) The Administrator may establish and administer a work release program.
(2) If the Administrator establishes a work release program, the Administrator shall establish:
(i) eligibility criteria for participation in the program; and
(ii) for each participant, a work release plan that includes the terms and conditions of the work release and employment.
(d) (1) Participation in the work release program is a privilege authorized by court.
(2) This section does not create a right to participate in the work release program or to remain in the program after the participant has been suspended or removed from the program.
(e) The Administrator may recommend to a court that an individual participate in the work release program if:
(1) the individual has applied to participate in the program; and
(2) the Administrator has approved the application.
(f) If the Administrator recommends participation in the work release program, a court may authorize an individual to participate in the program:
(1) when the court imposes a sentence;
(2) when the court commits an individual to the custody of a Baltimore County detention facility; or
(3) at any time during the individual’s confinement.
(g) (1) The Administrator may suspend or remove a participant from the work release program:
(i) at any time;
(ii) without prior approval from the court; and
(iii) for any reason that the Administrator determines.
(2) The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the work release program.
(h) (1) The Administrator shall collect each participant’s total earnings, less payroll deductions.
(2) From the participant’s earnings, the Administrator:
(i) may pay the reasonable cost to the county of providing food, lodging, and clothing for the participant;
(ii) may make court–ordered payments for dependents;
(iii) may pay court–ordered costs, fines, and restitution;
(iv) if ordered by the court, may reimburse the State for the court–appointed counsel; and
(v) if ordered by the court, may reimburse the State for the services of the public defender.
(3) Any balance that remains after payments are made under paragraph (2) of this subsection:
(i) shall be credited to an account held by the Administrator for the participant; and
(ii) if the Administrator approves, shall be disposed of as requested by the participant.
(4) Any balance remaining in the participant’s account when the participant is released from the detention facility shall be paid to the participant.
(i) A participant employed in the community under this section is not an agent or employee of Baltimore County, the Administrator, any judicial officer, or any other public officer of the county or State.
(j) The Administrator may charge a participant a reasonable fee in an amount not to exceed the actual costs incurred by the county for food, travel, and other expenses related to the participant’s participation in the work release program.
(k) (1) The Administrator may establish and administer a home detention program.
(2) If the Administrator establishes a home detention program, the Administrator:
(i) shall establish eligibility criteria for participation in the program; and
(ii) for each participant, shall establish a home detention plan that includes the terms and conditions of the home detention.
(l) (1) Participation in the home detention program is a privilege authorized by court.
(2) This section does not create a right to participate in the home detention program or to remain in the program after the participant has been suspended or removed from the program.
(m) The Administrator may recommend to a court that an individual participate in the home detention program if:
(1) the individual has applied to participate in the program;
(2) except for a violation of the Transportation Article or other traffic law or ordinance for which a penalty of incarceration is not authorized, the individual has no other charges pending in any municipal corporation, county, or state; and
(3) the Administrator has approved the application.
(n) If the Administrator recommends participation in the home detention program, a court may authorize an individual to participate in the program:
(1) after imposing a sentence; or
(2) at any time during the individual’s confinement.
(o) (1) The Administrator may suspend or remove a participant from the home detention program:
(i) at any time;
(ii) without prior approval from the court; and
(iii) for any reason that the Administrator determines.
(2) The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the home detention program.
(p) A participant is not eligible for the home detention program if the participant:
(1) is serving a sentence for a crime of violence; or
(2) has been found guilty of:
(i) child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
(ii) escape under § 9–404 of the Criminal Law Article.
(q) The Administrator may charge a reasonable fee for the actual cost of electronic supervision and other administrative costs of the program.
(r) The Administrator may adopt regulations to carry out this section.
Md. Code, Correctional Services § 11-706
(a) This section applies only in Calvert County.
(b) (1) At the time of sentencing or on a hearing of a motion for reconsideration of sentence, the court may sentence an individual who has been convicted of a crime to participate for a fixed period in the work release program at the Calvert County Detention Center.
(2) After an incarcerated individual enters the work release program, the sentencing judge or, if the sentencing judge is unable to act, the judge of any court in the county may:
(i) order the release of the incarcerated individual from custody; and
(ii) consider the supervisor’s recommendations and report of the incarcerated individual’s performance in making a determination to release the incarcerated individual.
(3) Subject to the directives and orders of the courts in the county, the supervisor of the county work release program shall establish and administer the work release program.
(4) During reasonable hours, an incarcerated individual in the work release program may leave confinement to:
(i) work at gainful employment;
(ii) participate in an outside counseling or rehabilitative program; or
(iii) obtain other services that the supervisor of the program considers necessary.
(5) (i) An incarcerated individual who is employed in accordance with this subsection shall surrender to the supervisor of the program the incarcerated individual’s total earnings, less payroll deductions required by law.
(ii) From the earnings of the incarcerated individual, the supervisor shall deduct and disburse in the following order of priority:
1. food costs to the county;
2. lodging costs to the county;
3. travel costs to the county;
4. fines and costs imposed by the court;
5. amounts that the incarcerated individual is obligated to pay for support of a dependent; and
6. court–ordered payments for restitution.
(iii) The supervisor of the program may assist in the financial management of the incarcerated individual’s other bills and debts.
(iv) The supervisor of the program shall:
1. credit to the incarcerated individual’s account any remaining balance; and
2. pay the balance in the incarcerated individual’s account to the incarcerated individual on final release from confinement.
(6) An incarcerated individual employed in the community under this subsection is not an agent or employee of the county, the Sheriff, any judicial officer, or any public officer of the county.
(7) An incarcerated individual who violates a trust or a condition that the supervisor establishes for conduct and employment is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(c) (1) In this subsection, “Program” means the Community Services Alternative Sentencing Program.
(2) There is a Community Services Alternative Sentencing Program in the county Department of Public Safety.
(3) The Program shall administer community service projects for individuals who are convicted of an offense and are referred to the Program by a court.
(4) The County Commissioners may charge a reasonable fee to individuals who participate in the Program to help defray Program expenses.
(d) (1) (i) An individual who is sentenced to participate in the substance abuse treatment program at the county treatment facility shall pay a per diem fee in an amount that the court determines to cover food, lodging, clothing, and other expenses incidental to participation in the treatment program.
(ii) A court may waive part or all of the fee based on an individual’s ability to pay.
(2) The county attorney may bring a civil action to collect any arrearage incidental to the per diem charge that remains unpaid 30 days after the individual’s discharge from the county treatment facility.
(e) (1) The Sheriff may:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) is recommended to the court for placement in the program by the program staff;
(ii) has no other charges for a felony or a violation of a crime of violence as defined in § 14–101 of the Criminal Law Article pending in any jurisdiction; and
(iii) is not in detention for or been previously convicted of:
1. a crime of violence listed in § 14–101 of the Criminal Law Article;
2. the crime of escape under § 9–404 of the Criminal Law Article; or
3. a crime under § 5–612, § 5–613, or § 5–614 of the Criminal Law Article.
Md. Code, Correctional Services § 11-707
(a) This section applies only in Caroline County.
(b) While confined in the Caroline County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
(1) court–ordered payments for restitution; and
(2) the cost of the incarcerated individual’s food, lodging, and clothing.
(c) The County Commissioners shall:
(1) establish the per diem rate for an incarcerated individual’s food, lodging, and clothing; and
(2) designate an agent to collect the costs specified in this section.
Md. Code, Correctional Services § 11-708
(a) This section applies only in Carroll County.
(b) In this section, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
(c) (1) The Sheriff may:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) has no other charges pending in any jurisdiction for a crime of violence; and
(ii) is not in detention for:
1. a crime of violence; or
2. the crime of escape under § 9–404 of the Criminal Law Article.
(5) The Sheriff may:
(i) collect from each individual participating in the pretrial release program a reasonable fee for the cost of supervision and administration of the program; or
(ii) waive or reduce the fee.
(d) (1) The Sheriff’s Office may establish a work release program.
(2) At the time of sentencing or at any time during an individual’s confinement, the court may sentence the individual to participate in the work release program if the individual:
(i) has been sentenced to the custody of the Sheriff; and
(ii) has no other charges pending in any jurisdiction for a crime of violence.
(3) An incarcerated individual who has been sentenced to participate in the work release program may continue regular employment or obtain new employment.
(4) On approval of the Sheriff or Warden, an incarcerated individual who has been sentenced to the Carroll County Detention Center may leave the Detention Center to work, seek employment, obtain medical services, or participate in educational, rehabilitative, or training programs.
(5) An incarcerated individual who has been sentenced to the Carroll County Detention Center shall be confined to the Detention Center:
(i) except as provided in this subsection; or
(ii) unless a court orders otherwise.
(6) An incarcerated individual who is employed under the work release program shall:
(i) reimburse the Sheriff’s Office for:
1. the estimated cost to the Sheriff’s Office of food and lodging for the incarcerated individual; and
2. estimated expenses incurred by the Sheriff’s Office because of the participation of the incarcerated individual in the program; and
(ii) pay to the Sheriff court–ordered payments for restitution.
(7) An incarcerated individual who violates a condition or provision of trust that a court, the Sheriff, or Sheriff’s designee establishes is subject to:
(i) removal from the work release program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(e) (1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the home detention program.
(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require an individual who is convicted of a crime and sentenced to imprisonment under the custody of the Sheriff to participate in the home detention program.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:
(i) the sentencing judge recommends the incarcerated individual for sentencing to the home detention program; and
(ii) the incarcerated individual has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
(5) While participating in the home detention program, an incarcerated individual is responsible for:
(i) medical care and related expenses; and
(ii) costs of clothes, food, lodging, restitution, taxes, and transportation.
(6) The Sheriff may:
(i) collect from each incarcerated individual participating in the home detention program a reasonable fee for the cost of electronic supervision and administration of the program; or
(ii) waive or reduce the fee.
(7) The Sheriff may limit the number of incarcerated individuals in the home detention program.
Md. Code, Correctional Services § 11-709
(a) (1) In this section the following words have the meanings indicated.
(2) “Sheriff” means the Sheriff of Cecil County.
(3) “Warden” means the Warden of the Cecil County Community Corrections Center.
(b) This section applies only in Cecil County.
(c) (1) The Sheriff may establish programs for:
(i) home detention;
(ii) pretrial release;
(iii) work release; and
(iv) prerelease.
(2) (i) The Sheriff shall adopt regulations necessary to implement each program established under this section.
(ii) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court supersedes the regulation.
(d) (1) At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:
(i) is sentenced to the custody of the Warden; and
(ii) has no other felony charges pending in any jurisdiction.
(2) An incarcerated individual designated to participate in a program under this section may leave the Community Corrections Center to:
(i) continue regular employment;
(ii) seek new employment;
(iii) attend court–ordered treatment appointments;
(iv) undergo intensive counseling;
(v) pursue academic education; or
(vi) use other community resources or participate in other activities for the purpose of rehabilitation.
(e) The Sheriff may charge an incarcerated individual participating in a program established under this section a reasonable program participation fee to pay for the costs incurred by the county for the management and administration of the program.
(f) (1) If an incarcerated individual violates a trust or a condition that a court or the Sheriff has established for participating in a program under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.
(2) An incarcerated individual who violates a trust or condition that a court or the Sheriff has established for participating in a program established under this section is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-710
(a) This section applies only in Charles County.
(b) While confined in the Charles County Detention Center, an incarcerated individual employed under § 11–602 of this title shall pay:
(1) court–ordered payments for restitution; and
(2) an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to Charles County of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual.
(c) The Charles County Sheriff shall:
(1) establish the per diem rate for an incarcerated individual’s food, lodging, electronic monitoring, and clothing; and
(2) designate an agent to collect the costs specified in this section.
(d) The Sheriff’s designee shall deliver the amounts collected under subsection (b)(2) of this section to the Charles County Treasurer.
(e) (1) Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a community service program in the county.
(2) A court may order a person to participate in the community service program if the person:
(i) has been convicted of a criminal offense or received probation before judgment for a criminal offense; and
(ii) is recommended to the court for placement in the program by the program staff.
(3) (i) A community service program established under this subsection may charge a fee not exceeding $40 for each 8–hour period of community service.
(ii) The court may waive all or part of a fee charged under this paragraph.
(4) The community service program staff shall report to the court when a person has completed or failed to complete community service in the program.
(f) (1) Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a pretrial release program in the county.
(2) A court may order a person to participate in the pretrial release program if the person appears before the court after being charged with a criminal offense and detained.
(3) (i) The court may order participation at any time during pretrial detention of a person.
(ii) The court shall require a person to comply with all rules and conditions of supervision for the program if the court orders the person to participate in the program.
(4) Staff of the pretrial release program shall:
(i) assess each person referred for assessment to the program by the court;
(ii) develop standards and criteria for recommended levels of supervision for the program;
(iii) make recommendations to the court regarding placement of a person in the program, including whether the person is suitable for placement in the program, based on supervision levels developed under item (ii) of this paragraph;
(iv) supervise each person ordered to participate in the program; and
(v) immediately report to the court any violation of a condition established by the court or the program.
(5) Supervision in the pretrial release program may include the use of electronic monitoring and drug and alcohol testing.
(6) For each person ordered to participate in the pretrial release program under this subsection, the Board of County Commissioners and the Sheriff may enter into an agreement providing for the following services to be performed:
(i) drug and alcohol testing;
(ii) electronic monitoring;
(iii) conducting meetings with each person ordered to participate in the program; and
(iv) notification by the Sheriff to staff of the pretrial release program of any violations.
(7) Staff of the pretrial release program shall immediately report to the court any violations of a person’s pretrial release.
(8) A person who violates a condition established by the court or the program is subject to removal from the program.
Md. Code, Correctional Services § 11-711
(a) In this section, “warden” means the warden of the Dorchester County Department of Corrections.
(b) This section applies only in Dorchester County.
(c) The County Commissioners may establish under the County Department of Corrections programs for:
(1) community service;
(2) home detention;
(3) pretrial release; and
(4) work release.
(d) The County Commissioners shall adopt regulations necessary to implement each program established under this section.
(e) At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:
(1) is sentenced to the custody of the warden; and
(2) has no other charges pending in any jurisdiction.
(f) An incarcerated individual designated to participate in a program under this section may leave the detention center to:
(1) continue regular employment; or
(2) seek new employment.
(g) (1) The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
(2) From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount that:
(i) the warden determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual;
(ii) the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
(iii) a court imposes for a fine, cost, or restitution;
(iv) the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and
(v) a court orders the incarcerated individual to repay to the State or the County for the services of an attorney appointed by the court.
(3) The warden shall:
(i) credit to the incarcerated individual’s account any remaining balance; and
(ii) dispose of the balance in the incarcerated individual’s account as the individual reasonably requests and as the warden approves.
(h) (1) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes for participation in a program under this section, the incarcerated individual is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(2) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
(3) If an incarcerated individual violates a trust or a condition that the court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.
(i) (1) The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:
(i) to visit a seriously ill member of the incarcerated individual’s immediate family; or
(ii) to attend the viewing or funeral of a member of the incarcerated individual’s immediate family.
(2) An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) and (2) of this section.
(3) An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the County Department of Corrections for any expenses that the Department incurs in granting the leave.
(4) The warden shall adopt regulations necessary to carry out this subsection.
Md. Code, Correctional Services § 11-712
(a) This section applies only in Frederick County.
(b) (1) The Sheriff shall:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program, if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) is recommended to the court for placement in the program by the program staff;
(ii) has no other charges pending in any jurisdiction; and
(iii) is not in detention for:
1. a crime of violence; or
2. the crime of escape under § 9–404 of the Criminal Law Article.
(c) (1) The Sheriff’s Department may:
(i) establish and direct a work release program; and
(ii) adopt guidelines for the operation of the program.
(2) (i) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
(ii) If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.
(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
(i) work at gainful, private employment;
(ii) seek gainful, private employment; or
(iii) participate in an educational, rehabilitative, or training program in the county.
(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
(5) (i) The Sheriff or Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
3. any amount a court imposes for a fine, cost, or restitution;
4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
(iii) The Sheriff shall:
1. credit to the incarcerated individual’s account the remaining balance; and
2. dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
(i) removal from the work release program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(d) (1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require that the individual participate in the home detention program.
(3) An incarcerated individual is eligible for the home detention program if:
(i) the sentencing judge recommended that the incarcerated individual participate in the program; and
(ii) the individual has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 11-713
(a) This section applies only in Garrett County.
(b) (1) The Sheriff may:
(i) establish a pretrial release program that offers alternatives to pretrial detention; and
(ii) adopt regulations to administer the program.
(2) A court may order an individual to participate in the pretrial release program if the individual:
(i) appears before the court after being charged and detained on bond; and
(ii) meets the eligibility requirements of paragraph (4) of this subsection.
(3) The court may make the order at the imposition of bond, on review of bond, or at any other time during the individual’s pretrial detention.
(4) An individual is eligible for the pretrial release program if the individual:
(i) is recommended to the court for placement in the program by the program staff;
(ii) has no other charges pending in any jurisdiction; and
(iii) is not in detention for:
1. a crime of violence as defined in § 14–101 of the Criminal Law Article; or
2. the crime of escape under § 9–404 of the Criminal Law Article.
(c) (1) The Sheriff’s Office may:
(i) establish and direct a work release program; and
(ii) adopt guidelines for the operation of the program.
(2) (i) At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
(ii) If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order the incarcerated individual to participate in the work release program.
(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
(i) work at gainful, private employment; or
(ii) participate in an educational, rehabilitative, or training program in the county.
(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
(5) (i) The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
3. any amount a court imposes for a fine, cost, or restitution;
4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
(iii) The Sheriff shall:
1. credit to the incarcerated individual’s account the remaining balance; and
2. dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
(i) removal from the work release program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(d) (1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
(i) is recommended for the program by the sentencing judge; and
(ii) has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
(5) While participating in the home detention program, an incarcerated individual is responsible for:
(i) the incarcerated individual’s medical care and related expenses; and
(ii) costs of lodging, food, clothing, transportation, restitution, and taxes.
(6) The Sheriff may:
(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or
(ii) waive or reduce the fee.
(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.
(8) An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
Md. Code, Correctional Services § 11-714
(a) This section applies only in Harford County.
(b) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in one of the activities specified in paragraph (2) of this subsection during the individual’s confinement.
(2) An incarcerated individual who is allowed to do so under paragraph (1) of this subsection may:
(i) continue regular employment;
(ii) obtain new employment;
(iii) participate in a training or rehabilitation program; or
(iv) attend an educational institution in the county.
(3) (i) The sentencing judge may require that the incarcerated individual comply with the terms and conditions that the judge considers appropriate.
(ii) The incarcerated individual’s participation in an authorized activity may not affect the length of the incarcerated individual’s sentence.
(c) (1) The county government shall cooperate in and provide fiscal support for a work release program as provided under subsection (b) of this section.
(2) Subject to subsection (b) of this section, an incarcerated individual of a local correctional facility who participates in the work release program may leave actual confinement:
(i) at necessary and reasonable times, to work at gainful, private employment; or
(ii) under appropriate conditions, to seek gainful, private employment.
(3) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the local correctional facility when not participating in the work release program.
(4) An incarcerated individual who participates in the work release program shall surrender to the Sheriff:
(i) a reasonable fee, as determined by the Sheriff, for the cost of providing food, lodging, and clothing for the incarcerated individual;
(ii) the actual cost of necessary food, travel, and other expenses incidental to the participation by the incarcerated individual in the program; and
(iii) court–ordered payments for restitution.
(5) If an incarcerated individual in the work release program violates a trust or a condition that the court establishes for conduct or employment, the incarcerated individual is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(d) (1) The Sheriff shall:
(i) establish and administer a home detention program; and
(ii) adopt regulations for the program.
(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in the home detention program.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:
(i) the sentencing judge recommends that the incarcerated individual participate in the program; and
(ii) the incarcerated individual has no other charges pending in any jurisdiction.
(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
(i) is serving a sentence for a crime of violence; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 11-715
(a) (1) In this section the following terms have the meanings indicated.
(2) “Department” means the Howard County Department of Correction.
(3) “Director” means the Director of the Howard County Department of Correction.
(b) This section applies only in Howard County.
(c) (1) The Department may establish programs for:
(i) work release;
(ii) community service; and
(iii) pretrial services.
(2) A program established under this section may include an incarcerated individual’s participation in a program of employment, rehabilitation, training, education, or home detention.
(3) The Director may adopt regulations relating to the operation of a program established under this section.
(d) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge if available, or otherwise the court may allow an individual to participate in a program established under this section if the individual:
(i) has been sentenced to the custody of the Department; and
(ii) has no other charges pending in any jurisdiction for a crime of violence as defined under § 14–101 of the Criminal Law Article.
(2) If the Department approves, an incarcerated individual in the custody of the Howard County Detention Center may leave the Center to participate in a program established under this section.
(3) An incarcerated individual who has been designated to participate in a program established under this section may:
(i) continue regular employment; or
(ii) obtain new employment.
(4) An incarcerated individual who has been sentenced to the custody of the Department shall be confined to the Howard County Detention Center:
(i) except as provided in this section; or
(ii) unless a court orders otherwise.
(e) An incarcerated individual who is employed while in a program established under this section shall:
(1) reimburse the Department by paying a fee based on:
(i) the Department’s estimated cost of providing food and lodging to the incarcerated individual; and
(ii) the estimated expenses incurred by the Department because of the incarcerated individual’s participation in the program; and
(2) pay to the Director court–ordered payments for restitution.
(f) An incarcerated individual employed in the community under this section is not an agent or employee of the county, the Director, the court or any judicial officer, or any public officer of the county.
(g) An incarcerated individual who violates a condition or provision of trust that the court or the Department establishes is subject to:
(1) removal from the program; and
(2) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-716
(a) In this section, “warden” means the warden of the Kent County Detention Center.
(b) This section applies only in Kent County.
(c) The County Commissioners may establish under the Kent County Detention Center programs for:
(1) community service;
(2) home detention;
(3) pretrial release; and
(4) work release.
(d) The County Commissioners shall adopt regulations necessary to implement each program established under this section.
(e) At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual to participate in any program established under this section if the individual:
(1) is sentenced to the custody of the warden; and
(2) has no other charges pending in any jurisdiction.
(f) An incarcerated individual designated to participate in a program under this section may leave the Kent County Detention Center to:
(1) continue regular employment;
(2) seek new employment; or
(3) receive therapy for drug or alcohol addiction.
(g) (1) The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
(2) From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount:
(i) the warden determines to be the cost to the county for providing food, lodging, and clothing for the incarcerated individual;
(ii) the county actually incurs for necessary food, travel, and other expenses incidental to participation by the incarcerated individual in the program;
(iii) a court imposes for a fine, cost, or restitution;
(iv) the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and
(v) a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
(3) The warden shall:
(i) credit to the incarcerated individual’s account any remaining balance; and
(ii) dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the warden approves.
(h) (1) If an incarcerated individual violates a trust or a condition that the court or the Kent County Detention Center establishes for conduct or employment, the incarcerated individual is subject to:
(i) removal from a program specified in subsection (c) of this section; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(2) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
(3) If an incarcerated individual violates a trust or a condition that a court or the detention center establishes, the Kent County Detention Center shall notify the sentencing court in writing of the violation.
(i) (1) Incarcerated individuals of the Kent County Detention Center who are employed under § 11–602 of this title shall pay:
(i) court–ordered payments for restitution; and
(ii) the reasonable cost of the food, lodging, and clothing of the incarcerated individual.
(2) The County Commissioners shall:
(i) establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and
(ii) designate the warden as the agent to collect these costs.
(j) (1) Subject to paragraph (2) of this subsection, the county may collect from an incarcerated individual who is sentenced to the Kent County Detention Center for nonconsecutive periods of 48 hours or less an amount determined to be the average cost to the county of providing food, lodging, and clothing for the incarcerated individual.
(2) A court may waive any or all of the charge specified in paragraph (1) of this subsection.
(k) (1) The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the Kent County Detention Center:
(i) to visit a seriously ill member of the immediate family of the incarcerated individual; or
(ii) to attend a viewing or funeral of a member of the immediate family of the incarcerated individual.
(2) An incarcerated individual who is granted compassionate leave may be required to reimburse the Kent County Detention Center for any expenses that the detention center incurs in granting the leave.
(3) The warden shall adopt regulations necessary to carry out this subsection.
Md. Code, Correctional Services § 11-717
(a) In this section, “Director” means the Director of the Montgomery County Department of Correction and Rehabilitation.
(b) This section applies only in Montgomery County.
(c) (1) The County Council shall establish work release and prerelease programs in accordance with this section.
(2) A work release or prerelease program shall provide that an incarcerated individual of the County Department of Correction and Rehabilitation, on approval of the Director, may leave confinement during necessary and reasonable hours to seek or work at gainful employment and to participate in other rehabilitative activities, including:
(i) intensive counseling;
(ii) academic education;
(iii) home visitation;
(iv) transitional phased release programs; and
(v) maximum use of other community resources or other similar rehabilitative activities.
(d) (1) At any time during the confinement of an incarcerated individual of the County Department of Correction and Rehabilitation, the judge who ordered the confinement or, if that judge is unable to act, another judge of the committing court, may approve the transfer of the incarcerated individual to the work release/prerelease center to participate in a work release or prerelease program:
(i) in accordance with the selection requirements and programs established by the County Council; and
(ii) after a recommendation by the Director or the Director’s designee.
(2) After the incarcerated individual enters the work release or prerelease program, the judge who ordered confinement or, if that judge is unable to act, another judge of the committing court, may order the release of the incarcerated individual from custody based on:
(i) the recommendation of the Director or Director’s designee; and
(ii) the report of the incarcerated individual’s performance in the work release or prerelease program.
(3) When not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the prerelease center unless the committing court directs otherwise.
(e) (1) The Director or the Director’s designee shall collect the earnings of an incarcerated individual participating in a work release or prerelease program under this section, less any payroll deduction required by law.
(2) From the earnings of the incarcerated individual, the Director may deduct:
(i) the amount determined to be the cost to the county of providing food, lodging, and clothing for the incarcerated individual;
(ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
(iii) an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent;
(iv) if applicable, a reasonable amount to repay the State or the county for an attorney appointed by the court; and
(v) court–ordered payments for restitution.
(3) The Director shall:
(i) credit to the incarcerated individual’s account any remaining balance; and
(ii) dispose of the balance in the incarcerated individual’s account as the incarcerated individual requests and the Director approves.
(f) (1) If an incarcerated individual violates a trust or a condition that the County Council establishes for conduct or employment, the incarcerated individual is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(2) If an incarcerated individual violates a condition or a term of the program and the Director or the Director’s designee removes the incarcerated individual from the program because of the violation, a judge of the committing court may redesignate the Division of Correction as the agency of custody for the remaining term of the incarcerated individual’s confinement.
(g) (1) The County Department of Correction and Rehabilitation shall provide all work release, prerelease, and similar services to county residents who are sentenced to the jurisdiction of the Division of Correction.
(2) The Commissioner of Correction may transfer to the County Department of Correction and Rehabilitation only those eligible individuals who are screened and recommended for approval for the work release or prerelease program, or both programs, by both correctional agencies.
(3) The county facilities shall operate in accordance with general operational standards that the Commissioner of Correction approves.
(4) The County Department of Correction and Rehabilitation and the Division of Correction shall negotiate a contract each year that provides for State reimbursement on a per diem basis for operational costs to the county for providing the community correctional services described in this section to incarcerated individuals sentenced to the Division of Correction and confined in the County Department of Correction and Rehabilitation.
Md. Code, Correctional Services § 11-718
(a) In this section, “administrator” means an administrator of a county detention center.
(b) This section applies only in Prince George’s County.
(c) (1) Subject to paragraph (2) of this subsection, an administrator may allow an incarcerated individual sentenced to imprisonment in a detention center after being convicted of a crime or found in contempt of court to leave actual confinement to:
(i) seek or work at gainful, private employment;
(ii) participate in a training or rehabilitation program; or
(iii) attend educational or vocational institutions in the county.
(2) The administrator may allow the incarcerated individual to leave confinement:
(i) in accordance with established programs;
(ii) during necessary and reasonable hours; and
(iii) after determining that the incarcerated individual is eligible for the program and recommending it to and receiving written approval from the sentencing or administrative judge.
(d) (1) The administrator shall adopt guidelines and rules for the conduct of the work release program that shall:
(i) take into consideration the security of the detention center and the safety of the public; and
(ii) conform with conditions that a sentencing or administrative judge may impose in a particular case.
(2) When an incarcerated individual is not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the detention center in the same manner as any other incarcerated individual committed to the custody of the administrator.
(3) If an incarcerated individual violates a trust or a condition that the administrator establishes in the rules for conduct or employment, the incarcerated individual is:
(i) subject to removal from the work release program; and
(ii) after an administrative hearing, subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(e) (1) The authorized representative of a detention center shall collect the earnings of an incarcerated individual, less any payroll deductions.
(2) From the earnings of the incarcerated individual, the authorized representative of the detention center shall deduct:
(i) the amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
(ii) actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
(iii) an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent; and
(iv) court–ordered payments for restitution.
(3) The authorized representative of the detention center shall credit to the incarcerated individual’s account any remaining balance.
(f) (1) An administrator may develop educational and vocational programs to further the educational and vocational training of an incarcerated individual sentenced to the detention center.
(2) (i) The administrator shall adopt regulations to govern the conduct and participation of an incarcerated individual in an educational or vocational program as necessary for the security of the detention center and the safety of the public.
(ii) If an incarcerated individual violates a trust or a condition that the administrator establishes for conduct during participation in an educational or vocational program, the incarcerated individual:
1. is subject to removal from the program, with notice to the sentencing judge; and
2. after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Correctional Services § 11-719
(a) This section applies only in Queen Anne’s County.
(b) While confined in the Queen Anne’s County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
(1) court–ordered payments, including restitution payments; and
(2) the reasonable cost of the food, lodging, and clothing of the incarcerated individual.
(c) The County Commissioners shall:
(1) establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and
(2) designate the Warden of the Queen Anne’s County Jail as the agent to collect the costs and payments specified in this section.
Md. Code, Correctional Services § 11-720
(a) This section applies only in St. Mary’s County.
(b) (1) The Sheriff may establish:
(i) a home detention program;
(ii) a day reporting program;
(iii) a work release program;
(iv) an in–patient treatment program;
(v) a pretrial release supervision program; and
(vi) a prerelease program.
(2) (i) If the Sheriff establishes a program under this section, the Sheriff shall adopt regulations necessary to implement each program established.
(ii) If a condition that a court imposes on an individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that individual.
(c) (1) At the time of a court proceeding or at any time during an individual’s participation in a program, the court may allow the individual to participate in any program established under this section if the individual:
(i) is court–ordered to the custody of the Sheriff; and
(ii) has no other charges for a felony or a crime of violence as defined in § 14–101 of the Criminal Law Article pending in any jurisdiction.
(2) An individual who is participating in any program established under this section and who is authorized to participate in a St. Mary’s County Detention and Rehabilitation Center program may, with the approval of the Sheriff or the Sheriff’s designee:
(i) continue regular employment;
(ii) seek new employment;
(iii) attend any court–ordered treatment appointments;
(iv) receive intensive counseling;
(v) obtain academic education; or
(vi) maximize use of other community resources or other similar rehabilitative activities.
(d) The Sheriff or the Sheriff’s designee may direct an individual participating in a program established under this section to provide proof that the individual has made payments toward any of the following obligations:
(1) an amount the individual is legally obligated to pay for the support of a dependent;
(2) court–ordered payments for restitution; or
(3) court–ordered fees or fines.
(e) (1) If an individual violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.
(2) An individual who violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the individual’s term of confinement.
Md. Code, Correctional Services § 11-722
(a) This section applies only in Talbot County.
(b) While confined in the Talbot County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
(1) court–ordered payments for restitution; and
(2) the cost of the food, lodging, and clothing of the incarcerated individual.
(c) The County Council shall:
(1) establish the per diem rate for the food, lodging, and clothing of an incarcerated individual; and
(2) designate an agent to collect the costs specified in this section.
Md. Code, Correctional Services § 11-723
(a) This section applies only in Washington County.
(b) (1) The Sheriff shall:
(i) establish and administer:
1. a home detention program;
2. a work release program; and
3. a pretrial release program; and
(ii) adopt regulations necessary to implement each program established under this section.
(2) At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual who is placed in the custody of the Sheriff to participate in any program established under this section.
(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible to participate in any program established under this section if the incarcerated individual:
(i) is recommended for the program by the court; and
(ii) meets eligibility criteria set by the Sheriff.
(4) An incarcerated individual is not eligible to participate in any program established under this section if the incarcerated individual:
(i) is incarcerated for or has been convicted previously of a crime of violence listed in § 14–101 of the Criminal Law Article; or
(ii) has been found guilty of the crime of:
1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
2. escape under § 9–404 of the Criminal Law Article.
(5) While participating in any program established under this section an incarcerated individual is responsible for:
(i) the incarcerated individual’s medical care and related expenses; and
(ii) costs of lodging, food, clothing, transportation, restitution, child support, and taxes.
(6) The Sheriff may:
(i) collect a reasonable fee from each incarcerated individual participating in any program established under this section; or
(ii) waive or reduce the fee.
(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in any program established under this section.
(8) An incarcerated individual who knowingly violates a term or a condition of any program established under this section is subject to the penalties provided under § 11–726 of this subtitle and to other disciplinary action provided by law.
Md. Code, Correctional Services § 11-724
(a) In this section, “Director” means the Director of the Wicomico County Department of Corrections.
(b) This section applies only in Wicomico County.
(c) The County Council may establish under the County Department of Corrections programs for:
(1) community service;
(2) home detention;
(3) pretrial release; and
(4) work release.
(d) The County Council shall adopt regulations necessary to implement each program established under this section.
(e) At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in any program established under this section if the individual:
(1) is sentenced to the custody of the Director; and
(2) has no other charges pending in any jurisdiction.
(f) An incarcerated individual designated to participate in a program specified under subsection (c) of this section may leave the detention center to:
(1) continue regular employment; or
(2) seek new employment.
(g) (1) The Director or Director’s designee, shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
(2) From the earnings of the incarcerated individual, the Director shall deduct and disburse an amount:
(i) the Director determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual;
(ii) the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
(iii) a court imposes for a fine, cost, or restitution;
(iv) the incarcerated individual is legally obligated to pay, or reasonably desires to pay, for support of a dependent; and
(v) a court orders the incarcerated individual to repay to the State or to the County for the services of an attorney appointed by a court.
(3) The Director shall:
(i) credit to the incarcerated individual’s account any remaining balance; and
(ii) dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Director approves.
(h) (1) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections has established for participation in a program specified in subsection (c) of this section, the incarcerated individual is subject to:
(i) removal from the program; and
(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.
(2) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
(3) If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.
(i) (1) The Director or the Director’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:
(i) to visit a seriously ill member of the incarcerated individual’s immediate family; or
(ii) to attend the viewing or funeral of a member of the incarcerated individual’s immediate family.
(2) An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) of this section and § 11–726 of this subtitle.
(3) An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the Department for any expenses that the County Department of Corrections incurs in granting the leave.
(4) The Director shall adopt regulations necessary to carry out this subsection.
Md. Code, Correctional Services § 11-725
(a) This section applies only in Worcester County.
(b) While confined in the Worcester County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
(1) court–ordered payments for restitution; and
(2) the cost of the food, lodging, and clothing of the incarcerated individual.
(c) The County Commissioners shall:
(1) establish the per diem rate for the food, lodging, and clothing of an incarcerated individual; and
(2) designate an agent to collect the costs specified in this section.
Md. Code, Correctional Services § 11-726
(a) An individual who knowingly violates a restriction on movement imposed as a condition of leave, work release, or a home detention order or agreement under this subtitle is guilty of escape as provided in §§ 9-404 through 9-407 of the Criminal Law Article.
(b) An individual who knowingly violates any other condition of leave, work release, or a home detention order or agreement imposed under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Correctional Services § 11-801
(a) In this section, “weekend incarcerated individual” means an incarcerated individual sentenced to a local correctional facility for nonconsecutive periods of 48 hours or less per week.
(b) The governing body of a county may impose on and collect from a weekend incarcerated individual a reasonable fee in an amount not to exceed the average cost of providing food, lodging, and clothing for an incarcerated individual for the time the incarcerated individual is confined in the local correctional facility.
(c) If the governing body of a county imposes a fee under this section, the governing body shall adopt standard procedures to implement this section, including a procedure for the waiver of a part or all of the fee based on the ability of an incarcerated individual to pay the fee.
Md. Code, Correctional Services § 11-802
(a) Subject to subsection (b) of this section, the managing official of a local correctional facility may designate correctional officers employed by the local correctional facility to have the power to make arrests as authorized by § 2–207(d) of the Criminal Procedure Article.
(b) Correctional officers designated by a managing official to make arrests as authorized under § 2–207(d) of the Criminal Procedure Article shall meet the minimum qualifications and satisfactorily complete the training required by the Maryland Police Training and Standards Commission.
Md. Code, Correctional Services § 11-803
(a) The managing official of a local correctional facility or the managing official’s designee may issue a retake warrant for the apprehension and return of an escapee.
(b) If a managing official or managing official’s designee issues a retake warrant under subsection (a) of this section, the managing official or designee shall forward a copy of the retake warrant to the State’s Attorney for the county in which the escape occurred.
(c) A sheriff or police officer who is authorized to serve criminal process and to whom a warrant issued under this section is delivered shall execute the warrant in accordance with the directions in the warrant.
(d) A sheriff or police officer who makes an arrest under this section shall promptly notify the managing official, or managing official’s designee, who issued the warrant of the arrest.
Md. Code, Correctional Services § 11-901
In this subtitle, “fund” means an incarcerated individual welfare fund established under § 11–902 of this subtitle.
Md. Code, Correctional Services § 11-902
(a) Each local correctional facility may establish an incarcerated individual welfare fund.
(b) A fund may be used only for goods and services that benefit the general incarcerated individual population as defined by regulations that the managing official of the local correctional facility adopts.
Md. Code, Correctional Services § 11-903
(a) (1) Each fund is a special continuing, nonlapsing fund.
(2) (i) Each fund consists of:
1. profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions; and
2. subject to subparagraph (ii) of this paragraph, money received from other sources.
(ii) Money from the General Fund of the State or county, including any federal funds, may not be transferred by budget amendment or otherwise to a fund.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, the chief financial officer for a county shall separately hold and shall account for each fund in the county.
(ii) The chief financial officer for Dorchester County or the managing official of the local correctional facility as designated by Dorchester County shall separately hold and shall account for each fund in Dorchester County.
(4) This section may not be construed to:
(i) prohibit a periodic or special audit by the State, the federal government, or a county that provides funds for a local correctional facility; or
(ii) affect the calculation of reimbursement rates, as provided in § 9-403 of this article.
(b) (1) Each fund shall be invested and reinvested in the same manner as other county funds.
(2) Any investment earnings of a fund shall be credited to the fund.
Md. Code, Correctional Services § 11-904
(a) Except as provided in subsection (b) of this section, the chief financial officer for the county shall pay out money from each fund as approved in the county budget.
(b) The chief financial officer for Dorchester County or the managing official of the local correctional facility as designated by Dorchester County shall pay out money from the fund as approved in the county budget.
Md. Code, Correctional Services § 11-1001
(a) In this subtitle the following words have the meanings indicated.
(b) In Harford County, “agency” means the Office of the Sheriff of Harford County.
(c) (1) “Correctional officer” has the meaning stated in § 8–201 of this article.
(2) “Correctional officer” does not include an officer who is in probationary status on initial entry into the correctional agency except if an allegation of brutality in the execution of the officer’s duties is made against the officer.
(d) (1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.
(e) “Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.
(f) “Internal investigation unit” means the internal investigation unit of a correctional facility charged with the investigation of complaints within a correctional facility.
(g) In Harford County, “managing official” means the Sheriff of Harford County.
Md. Code, Correctional Services § 11-1002
This subtitle applies only in Allegany County, Carroll County, Cecil County, Garrett County, Harford County, and St. Mary’s County.
Md. Code, Correctional Services § 11-1003
(a) Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State or local law that conflicts with this subtitle to the extent of the conflict.
(b) This subtitle does not limit the authority of the managing official to regulate the competent and efficient operation and management of a county correctional facility by any reasonable means including transfer and reassignment if:
(1) that action is not punitive in nature; and
(2) the managing official determines that action to be in the best interests of the internal management of the correctional facility.
Md. Code, Correctional Services § 11-1004
(a) (1) Except as provided in paragraph (2) of this subsection, a correctional officer has the same rights to engage in political activity as a State employee.
(2) The right of a correctional officer to engage in political activity does not apply when the correctional officer is on duty or acting in an official capacity.
(b) A managing official:
(1) may not prohibit secondary employment by a correctional officer; but
(2) may adopt reasonable regulations that relate to secondary employment by a correctional officer.
(c) A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless:
(1) the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s official duties; or
(2) the disclosure is required by federal or State law.
(d) A correctional officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
(1) has exercised or demanded the rights granted by this subtitle; or
(2) has lawfully exercised constitutional rights.
(e) A statute may not abridge and a correctional facility may not adopt a regulation that prohibits the right of a correctional officer to bring suit that arises out of the correctional officer’s duties as a correctional officer.
(f) A correctional officer may waive in writing any or all rights granted by this subtitle.
Md. Code, Correctional Services § 11-1005
(a) The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
(b) For purposes of this section, the investigating officer or interrogating officer shall be a sworn law enforcement or correctional official or an individual with former law enforcement or corrections experience.
(c) (1) A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:
(i) the aggrieved individual;
(ii) a member of the aggrieved individual’s immediate family;
(iii) an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or
(iv) the parent or guardian of the minor child, if the alleged incident involves a minor child.
(2) Unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated.
(d) (1) The correctional officer under investigation shall be informed of the name, rank, and command of:
(i) the law enforcement or correctional official or other individual in charge of the investigation;
(ii) the interrogating official; and
(iii) each individual present during an interrogation.
(2) Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.
(e) If the correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the correctional officer shall be informed completely of all of the correctional officer’s rights before the interrogation begins.
(f) Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
(g) (1) The interrogation shall take place:
(i) at the office of the command of the investigating officer or at the office of the managing official of the correctional facility in which the incident allegedly occurred, as designated by the investigating official; or
(ii) at another reasonable and appropriate place.
(2) The correctional officer under investigation may waive the right described in paragraph (1)(i) of this subsection.
(h) (1) All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.
(2) Each session of interrogation shall:
(i) be for a reasonable period; and
(ii) allow for personal necessities and rest periods as reasonably necessary.
(i) The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.
(j) (1) (i) On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.
(ii) The correctional officer may waive the right described in subparagraph (i) of this paragraph.
(2) (i) The interrogation shall be suspended for a period not exceeding 10 days until representation is obtained.
(ii) Within the 10–day period described in subparagraph (i) of this paragraph, the managing official, for good cause shown, may extend the period for obtaining representation.
(3) During the interrogation, the correctional officer’s counsel or representative may:
(i) request a recess at any time to consult with the correctional officer;
(ii) object to any question posed; and
(iii) state on the record outside the presence of the correctional officer the reason for the objection.
(k) (1) A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.
(2) The record may be written, taped, or transcribed.
(3) On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.
(l) (1) The internal investigation unit may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
(2) If the internal investigation unit orders the correctional officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the internal investigation unit may commence an action that may lead to a punitive measure as a result of the refusal.
(3) If the internal investigation unit orders the correctional officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
(m) (1) If the internal investigation unit orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the internal investigation unit and the correctional officer agree to the admission of the results.
(2) The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
(i) the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
(ii) the counsel or representative is allowed to observe the administration of the examination; and
(iii) a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
(n) (1) On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:
(i) notified of the name of each witness and of each charge and specification against the correctional officer; and
(ii) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:
1. execute a confidentiality agreement with the internal investigation unit not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and
2. pay a reasonable charge for the cost of reproducing the material.
(2) The internal investigation unit may exclude from the exculpatory information provided to a correctional officer under this subsection:
(i) the identity of confidential sources;
(ii) nonexculpatory information; and
(iii) recommendations as to charges, disposition, or punishment.
(o) (1) The internal investigation unit may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
(2) The correctional officer may waive the right described in paragraph (1) of this subsection.
Md. Code, Correctional Services § 11-1006
(a) A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order that directs the internal investigation unit to show cause why the right should not be granted.
(b) The correctional officer may apply for the show cause order:
(1) either individually or through the correctional officer’s certified or recognized employee organization; and
(2) at any time prior to the beginning of a hearing by the hearing board.
Md. Code, Correctional Services § 11-1007
(a) Subject to subsection (b) of this section, an internal investigation unit may not bring administrative charges against a correctional officer unless the unit files the charges within 1 year after the act that gives rise to the charges comes to the attention of the managing official.
(b) The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or excessive force.
Md. Code, Correctional Services § 11-1008
(a) (1) Except as provided in paragraph (2) of this subsection and § 11–1012 of this subtitle, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the managing official takes that action.
(2) A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.
(b) (1) The internal investigation unit shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.
(2) The notice required under this subsection shall state the time and place of the hearing and the issues involved.
(c) (1) Except as provided in paragraph (4) of this subsection and in § 11–1012 of this subtitle, the hearing board authorized under this section shall consist of at least three members who:
(i) are appointed by the managing official and chosen from correctional officers within that correctional facility, or from correctional officers of another correctional facility with the approval of the managing official of the other facility; and
(ii) have had no part in the investigation or interrogation of the correctional officer.
(2) At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.
(3) (i) This paragraph does not apply in Harford County.
(ii) If the managing official is the correctional officer under investigation, the managing official of another correctional facility in the State shall function as the correctional officer of the same rank on the hearing board.
(iii) If the managing official of a correctional facility of a county or municipal corporation is under investigation, the official authorized to appoint the managing official’s successor shall select the managing official of another correctional facility to function as the correctional officer of the same rank on the hearing board.
(4) (i) This paragraph does not apply in Harford County.
(ii) A correctional facility or the facility’s superior governmental authority that has recognized and certified an exclusive collective bargaining representative may negotiate with the representative an alternative method of forming a hearing board.
(iii) A correctional officer may elect the alternative method of forming a hearing board if:
1. the correctional officer works in a correctional facility described in subparagraph (ii) of this paragraph; and
2. the correctional officer is included in the collective bargaining unit.
(iv) The internal investigation unit shall notify the correctional officer in writing before a hearing board is formed that the correctional officer may elect an alternative method of forming a hearing board if one has been negotiated under this paragraph.
(v) If the correctional officer elects the alternative method, that method shall be used to form the hearing board.
(vi) A correctional facility or exclusive collective bargaining representative may not require a correctional officer to elect an alternative method of forming a hearing board.
(vii) If the correctional officer has been offered summary punishment, an alternative method of forming a hearing board may not be used.
(viii) This paragraph is not subject to binding arbitration.
(d) (1) In connection with a disciplinary hearing, the managing official or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
(2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
(3) Each party may request the managing official or hearing board to issue a subpoena or order under this subtitle.
(4) In case of disobedience or refusal to obey a subpoena served under this subsection, the managing official may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the books, papers, records, and documents.
(5) On a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary:
(i) the court may issue without cost an order that requires the attendance and testimony of witnesses or the production of books, papers, records, and documents; and
(ii) failure to obey the order may be punished by the court as contempt.
(e) (1) The hearing shall be conducted by a hearing board.
(2) The hearing board shall give the internal investigation unit and correctional officer ample opportunity to present evidence and argument about the issues involved.
(3) The correctional facility and correctional officer may be represented by counsel.
(4) Each party has the right to cross–examine witnesses who testify and each party may submit rebuttal evidence.
(f) (1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
(2) The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
(3) Each record or document that a party desires to use shall be offered and made a part of the record.
(4) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
(g) (1) The hearing board may take notice of:
(i) judicially cognizable facts; and
(ii) general, technical, or scientific facts within its specialized knowledge.
(2) The hearing board shall:
(i) notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and
(ii) give each party an opportunity and reasonable time to contest the facts so noticed.
(3) The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
(h) (1) With respect to the subject of a hearing conducted under this subtitle, the managing official shall administer oaths or affirmations and examine individuals under oath.
(2) In connection with a disciplinary hearing, the managing official or a hearing board may administer oaths.
(i) (1) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.
(2) Witness fees, mileage, and the actual expenses necessarily incurred in securing the attendance of witnesses and their testimony shall be itemized and paid by the correctional facility.
(j) An official record, including testimony and exhibits, shall be kept of the hearing.
Md. Code, Correctional Services § 11-1009
(a) (1) A decision, order, or action taken as a result of a hearing under § 11–1008 of this subtitle shall be in writing and accompanied by findings of fact.
(2) The findings of fact shall consist of a concise statement on each issue in the case.
(3) A finding of not guilty terminates the action.
(4) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the managing official.
(5) A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
(i) the correctional officer or the correctional officer’s counsel or representative of record; and
(ii) the managing official.
(b) (1) After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
(2) The recommendation of a penalty shall be in writing.
(c) (1) Notwithstanding any other provision of this subtitle, the decision of the hearing board as to findings of fact and any penalty is final if:
(i) a managing official is an eyewitness to the incident under investigation; or
(ii) except in Harford County, a managing official has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.
(2) The decision of the hearing board then may be appealed in accordance with § 11–1010 of this subtitle.
(3) Paragraph (1)(ii) of this subsection is not subject to binding arbitration.
(d) (1) Within 30 days after receipt of the recommendations of the hearing board, the managing official shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
(2) The final order and decision of the managing official is binding and then may be appealed in accordance with § 11–1010 of this subtitle.
(3) The recommendation of a penalty by the hearing board is not binding on the managing official.
(4) The managing official shall consider the correctional officer’s past job performance as a factor before imposing a penalty.
(5) The managing official may increase the recommended penalty of the hearing board only if the managing official personally:
(i) reviews the entire record of the proceedings of the hearing board;
(ii) meets with the correctional officer and allows the correctional officer to be heard on the record;
(iii) discloses and provides in writing to the correctional officer, at least 10 days before the meeting, any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
(iv) states on the record the substantial evidence relied on to support the increase of the recommended penalty.
Md. Code, Correctional Services § 11-1010
(a) An appeal from a decision made under § 11–1009 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7–202.
(b) A party aggrieved by a decision of a court under this subtitle may appeal to the Appellate Court of Maryland.
Md. Code, Correctional Services § 11-1011
On written request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
(1) (i) the internal investigation unit that investigated the complaint:
1. exonerated the correctional officer of all charges in the complaint; or
2. determined that the charges were unsustained or unfounded; or
(ii) a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty; and
(2) at least 3 years have passed since the final disposition by the correctional facility or hearing board.
Md. Code, Correctional Services § 11-1012
(a) This subtitle does not prohibit summary punishment by higher–ranking correctional officers as designated by the managing official.
(b) (1) Summary punishment may be imposed for minor violations of correctional facility rules and regulations if:
(i) the facts that constitute the minor violation are not in dispute;
(ii) the correctional officer waives the hearing provided under this subtitle; and
(iii) the correctional officer accepts the punishment imposed by the highest–ranking correctional officer, or individual acting in that capacity, of the unit to which the correctional officer is attached.
(2) Summary punishment imposed under this subsection may not exceed suspension of 3 days without pay or a fine of $150.
(c) (1) If a correctional officer is offered summary punishment in accordance with subsection (b) of this section and refuses:
(i) the managing official may convene a hearing board of one or more members; and
(ii) the hearing board has only the authority to recommend the sanctions provided in this section for summary punishment.
(2) If a single member hearing board is convened:
(i) the member need not be of the same rank as the correctional officer; but
(ii) all other provisions of this subtitle apply.
Md. Code, Correctional Services § 11-1013
(a) This subtitle does not prohibit emergency suspension by higher–ranking correctional officers as designated by the managing official.
(b) (1) The managing official may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, public, and the correctional facility.
(2) If the correctional officer is suspended with pay, the managing official may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:
(i) a determination by a court with respect to a criminal violation; or
(ii) a final determination by a hearing board with respect to a correctional facility violation.
(3) A correctional officer who is suspended under this subsection is entitled to a prompt hearing.
(c) (1) If a correctional officer is charged with a felony, the managing official may impose an emergency suspension of correctional powers without pay.
(2) A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing.
Md. Code, Correctional Services § 11-1014
(a) A person may not knowingly make a false statement, report, or complaint during an investigation or proceeding conducted under this subtitle.
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Correctional Services § 11-1101
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Correctional officer” has the meaning stated in § 8–201 of this article.
(2) “Correctional officer” does not include an officer who is in probationary status on initial entry into the Sheriff’s Office except if an allegation of brutality in the execution of the officer’s duties is made against the officer.
(c) (1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.
(d) “Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.
Md. Code, Correctional Services § 11-1102
This subtitle applies only in Calvert County and Charles County.
Md. Code, Correctional Services § 11-1103
(a) Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State or local law that conflicts with this subtitle to the extent of the conflict.
(b) This subtitle does not limit the authority of the Sheriff to regulate the competent and efficient operation and management of the Sheriff’s Office by any reasonable means including transfer and reassignment if:
(1) that action is not punitive in nature; and
(2) the Sheriff determines that action to be in the best interests of the internal management of the Sheriff’s Office.
Md. Code, Correctional Services § 11-1104
(a) (1) Except as provided in paragraph (2) of this subsection, a correctional officer has the same rights to engage in political activity as a State employee.
(2) The right of a correctional officer to engage in political activity does not apply when the correctional officer is on duty or acting in an official capacity.
(b) The Sheriff’s Office:
(1) may not prohibit secondary employment by a correctional officer; but
(2) may adopt reasonable regulations that relate to secondary employment by a correctional officer.
(c) A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless:
(1) the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s official duties; or
(2) the disclosure is required by federal or State law.
(d) A correctional officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
(1) has exercised or demanded the rights granted by this subtitle; or
(2) has lawfully exercised constitutional rights.
(e) A statute may not abridge and the Sheriff’s Office may not adopt a regulation that prohibits the right of a correctional officer to bring suit that arises out of the correctional officer’s duties as a correctional officer.
(f) A correctional officer may waive in writing any or all rights granted by this subtitle.
Md. Code, Correctional Services § 11-1105
(a) The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
(b) For purposes of this section, the investigating officer or interrogating officer shall be a member of the Sheriff’s Office.
(c) (1) A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:
(i) the aggrieved individual;
(ii) a member of the aggrieved individual’s immediate family;
(iii) an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or
(iv) the parent or guardian of the minor child, if the alleged incident involves a minor child.
(2) (i) Subject to subparagraph (ii) of this paragraph, unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken.
(ii) The Sheriff’s Office may investigate any complaint of brutality at any time if the complaint is made by an employee or a member of the Sheriff’s Office.
(d) (1) The correctional officer under investigation shall be informed of the name, rank, and command of:
(i) the officer in charge of the investigation;
(ii) the interrogating officer; and
(iii) each individual present during an interrogation.
(2) Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.
(e) Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
(f) The interrogation shall take place:
(1) at the office of the command of the investigating officer or at the office of the correctional officer under investigation, as designated by the investigating officer; or
(2) at another reasonable and appropriate place.
(g) (1) All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.
(2) Each session of interrogation shall:
(i) be for a reasonable period; and
(ii) allow for personal necessities and rest periods as reasonably necessary.
(h) The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.
(i) (1) (i) On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.
(ii) The correctional officer may waive the right described in subparagraph (i) of this paragraph.
(2) (i) The interrogation shall be suspended for a period not exceeding 5 days until representation is obtained.
(ii) Within the 5–day period described in subparagraph (i) of this paragraph, the Sheriff, for good cause shown, may extend the period for obtaining representation.
(3) During the interrogation, the correctional officer’s counsel or representative may:
(i) request a recess at any time to consult with the correctional officer;
(ii) object to any question posed; and
(iii) state on the record outside the presence of the correctional officer the reason for the objection.
(j) (1) A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.
(2) The record may be written, taped, or transcribed.
(3) On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.
(k) (1) The Sheriff’s Office may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
(2) If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the Sheriff’s Office may commence an action that may lead to a punitive measure as a result of the refusal.
(3) If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
(l) (1) If the Sheriff’s Office orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the Sheriff’s Office and the correctional officer agree to the admission of the results.
(2) The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
(i) the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
(ii) the counsel or representative is allowed to observe the administration of the examination; and
(iii) a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
(m) (1) On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:
(i) notified of the name of each witness and of each charge and specification against the correctional officer; and
(ii) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:
1. execute a confidentiality agreement with the Sheriff’s Office not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and
2. pay a reasonable charge for the cost of reproducing the material.
(2) The Sheriff’s Office may exclude from the exculpatory information provided to a correctional officer under this subsection:
(i) the identity of confidential sources;
(ii) nonexculpatory information; and
(iii) recommendations as to charges, disposition, or punishment.
(n) (1) The Sheriff’s Office may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
(2) The correctional officer may waive the right described in paragraph (1) of this subsection.
Md. Code, Correctional Services § 11-1106
(a) Subject to subsection (b) of this section, the Sheriff’s Office may not bring administrative charges against a correctional officer unless the Sheriff’s Office files the charges within 1 year after the act that gives rise to the charges comes to the attention of the appropriate Sheriff’s Office official.
(b) The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or brutality.
Md. Code, Correctional Services § 11-1107
(a) (1) Except as provided in paragraph (2) of this subsection, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the Sheriff takes that action.
(2) A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.
(b) (1) The Sheriff’s Office shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.
(2) The notice required under this subsection shall state the time and place of the hearing and the issues involved.
(c) (1) The hearing board authorized under this section shall consist of at least three members who:
(i) are appointed by the Sheriff and chosen from correctional officers within the Sheriff’s Office, or from correctional officers of another correctional facility with the approval of the Sheriff of the other facility; and
(ii) have had no part in the investigation or interrogation of the correctional officer.
(2) At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.
(3) At least two members of the hearing board shall be correctional officers.
(d) (1) In connection with a disciplinary hearing, the Sheriff or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
(2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
(3) Each party may request the Sheriff or hearing board to issue a subpoena or an order under this subtitle.
(e) (1) The hearing shall be conducted by a hearing board.
(2) The hearing board shall give the Sheriff’s Office and correctional officer ample opportunity to present evidence and argument about the issues involved.
(3) The Sheriff’s Office and correctional officer may be represented by counsel.
(4) Each party has the right to cross–examine witnesses who testify, and each party may submit rebuttal evidence.
(f) (1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
(2) The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
(3) Each record or document that a party desires to use shall be offered and made a part of the record.
(4) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
(g) (1) The hearing board may take notice of:
(i) judicially cognizable facts; and
(ii) general, technical, or scientific facts within the hearing board’s specialized knowledge.
(2) The hearing board shall:
(i) notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and
(ii) give each party an opportunity and reasonable time to contest the facts so noticed.
(3) The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
(h) In connection with a disciplinary hearing, the Sheriff or a hearing board may administer oaths.
(i) An official record, including testimony and exhibits, shall be kept of the hearing.
Md. Code, Correctional Services § 11-1108
(a) (1) A decision, an order, or an action taken as a result of a hearing under § 11–1107 of this subtitle shall be in writing and accompanied by findings of fact.
(2) The findings of fact shall consist of a concise statement on each issue in the case.
(3) A finding of not guilty terminates the action.
(4) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the Sheriff.
(5) A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
(i) the correctional officer or the correctional officer’s counsel or representative of record; and
(ii) the Sheriff.
(b) (1) After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
(2) The recommendation of a penalty shall be in writing.
(c) (1) Within 30 days after receipt of the recommendations of the hearing board, the Sheriff shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
(2) The recommendation of a penalty by the hearing board is not binding on the Sheriff.
(3) The Sheriff shall consider the correctional officer’s past job performance as a factor before imposing a penalty.
(4) The Sheriff may increase the recommended penalty of the hearing board only if the Sheriff personally meets with the correctional officer and allows the correctional officer to be heard on the record.
Md. Code, Correctional Services § 11-1109
On written request to the Sheriff, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
(1) the investigation or hearing resulted in a finding of nonsustained or unfounded; or
(2) the correctional officer was exonerated and at least 3 years have passed since the final disposition by the Sheriff’s Office or hearing board.
Md. Code, Correctional Services § 11-1110
(a) (1) The Sheriff may impose emergency suspension with pay if it appears that the action is in the best interest of the public and the Sheriff’s Office.
(2) If the correctional officer is suspended with pay, the Sheriff may reassign the correctional officer to restricted duties pending:
(i) a determination by a court with respect to a criminal violation; or
(ii) a final determination by a hearing board with respect to a Sheriff’s Office violation.
(b) If a correctional officer is charged with a felony, the Sheriff may impose an emergency suspension of correctional powers without pay.
(c) A correctional officer who is suspended under this section is entitled to a prompt hearing before the Assistant Sheriff or the Assistant Sheriff’s designee.
Md. Code, Correctional Services § 11-1111
Any dispute concerning the application or interpretation of this subtitle shall be resolved by the Assistant Sheriff.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026