Md. Code, Correctional Services § 3-101
(a) In this title the following words have the meanings indicated.
(b) “Commissioner” means the Commissioner of Correction.
(c) “Division” means the Division of Correction.
Md. Code, Correctional Services, Title 3
Md. Code, Correctional Services, Title 3
in effectMd. Code, Correctional Services § 3-201
There is a Division of Correction in the Department.
Md. Code, Correctional Services § 3-202
(a) With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction.
(b) The Commissioner shall be an individual with maturity and judgment who has:
(1) broad knowledge of correctional facilities and systems; and
(2) knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of incarcerated individuals.
(c) The Commissioner serves at the pleasure of the Secretary.
(d) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) The Commissioner is entitled to the compensation provided in the State budget.
Md. Code, Correctional Services § 3-203
(a) Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units.
(b) The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.
Md. Code, Correctional Services § 3-205
(a) The Commissioner may adopt regulations for the operation and maintenance of the units in the Division.
(b) The regulations shall provide for:
(1) the discipline and conduct of incarcerated individuals, including the character of punishments for violations of discipline; and
(2) the duties, discipline, and conduct of officers and other employees of the units in the Division.
(c) The regulations may allow incarcerated individuals of minimum security institutions to provide services voluntarily to:
(1) governmental units; or
(2) charitable organizations as defined in § 6–101 of the Business Regulation Article.
Md. Code, Correctional Services § 3-206
(a) On or before July 30 of each year, the Commissioner shall submit to the Secretary an accurate, detailed statement of all receipts and disbursements of the Division during the year that ended on the preceding June 30.
(b) The Commissioner shall verify the statement submitted under subsection (a) of this section.
(c) The Secretary shall submit the statement received under subsection (a) of this section to the Comptroller.
Md. Code, Correctional Services § 3-207
(a) On or before October 31 of each year, the Commissioner shall submit an annual report to the Secretary and the Governor that states, for each correctional facility in the Division:
(1) its expenses, receipts, disbursements, condition, and progress;
(2) the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of conviction, crime, and term of confinement;
(3) the number of incarcerated individuals who escape, are pardoned, or discharged;
(4) the job classifications for incarcerated individual labor in each department and facility under the authority of the Division;
(5) the daily wage scale at each prison for each job classification under the authority of the Division;
(6) the total number of incarcerated individuals currently employed at facilities under the authority of the Division, disaggregated by facility;
(7) the annual cost of living for incarcerated individuals, including the average cost of:
(i) telephone calls, including calls to medical providers;
(ii) video calls; and
(iii) items available for purchase at a commissary, including:
1. feminine hygiene products;
2. toiletries; and
3. medications; and
(8) any remarks and suggestions the Commissioner considers necessary to advance the interests of the correctional facility.
(b) The Commissioner shall submit with the report required by subsection (a) of this section a statement similar to the statement that is required to be submitted under § 3–206 of this subtitle.
(c) The Commissioner shall verify the report and statement required by this section.
(d) Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report and statement required under this section and any recommendations that the Governor considers expedient.
Md. Code, Correctional Services § 3-207.1
§3–207.1.
(a) On or before October 31, 2017, and on or before October 31 in every odd–numbered year thereafter, the Commissioner shall submit a security and staffing report covering the prior 2–year period to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(b) The report shall be based on a joint survey conducted by the administration of the Division of Correction and the exclusive collective bargaining representative of the employees.
(c) The report shall include:
(1) a post–by–post analysis that identifies the actual number of positions needed to safely and securely staff each institution;
(2) the amount of overtime currently being used to meet minimum standards;
(3) an accounting of all institution activities that have been impacted by staffing levels;
(4) an assessment of expected future turnover in personnel; and
(5) an analysis of the need for additional staff.
Md. Code, Correctional Services § 3-208
(a) The Commissioner shall appoint a Deputy Commissioner.
(b) The Deputy Commissioner is in the executive service of the State Personnel Management System and serves at the pleasure of the Commissioner.
(c) The Deputy Commissioner shall have executive experience in and adequate knowledge of:
(1) correctional facilities and systems; and
(2) incarcerated individual programs.
Md. Code, Correctional Services § 3-209
(a) Subject to the policies established by the Commissioner, the Deputy Commissioner is generally in charge of administrative procedures in the Division.
(b) In the absence of the Commissioner, the Deputy Commissioner shall be acting Commissioner.
Md. Code, Correctional Services § 3-210
(a) The Commissioner shall appoint a warden or administrator for each correctional facility in the Division.
(b) A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems.
(c) A warden or administrator serves at the pleasure of the Commissioner.
Md. Code, Correctional Services § 3-211
(a) Subject to policies established by the Commissioner, each warden or administrator is in direct charge of the correctional facility to which the warden or administrator is appointed.
(b) The warden or administrator shall:
(1) supervise the government, discipline, and policy of the correctional facility;
(2) direct the administering of punishment prescribed by the Commissioner under § 3-205(b)(1) of this subtitle; and
(3) enforce the regulations and directives of the Division.
Md. Code, Correctional Services § 3-212
(a) On or before September 30 of each year, each warden shall submit to the Commissioner a report and statement on the affairs of the correctional facility to which the warden is appointed.
(b) (1) The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility.
(2) The statement shall include the information required under § 3-207(b) of this subtitle as it relates to the correctional facility.
(c) The report and statement required by this section shall be verified by the warden of the correctional facility that is the subject of the report.
Md. Code, Correctional Services § 3-213
(a) The Commissioner may appoint one or more assistant wardens for a correctional facility.
(b) An assistant warden shall have the same qualifications as a warden.
(c) An assistant warden serves at the pleasure of the Commissioner.
(d) An assistant warden shall perform the duties of the warden in the absence of the warden.
Md. Code, Correctional Services § 3-214
(a) (1) The warden of a correctional facility or designee of the warden may issue a retake warrant for the apprehension and return of an escapee.
(2) The warden shall submit a copy of each retake warrant to the State’s Attorney for the county in which the correctional facility from which the escape was made is located.
(b) (1) A sheriff or a police officer who is authorized to serve criminal process and who receives a retake warrant issued under subsection (a) of this section shall execute the warrant in accordance with the directions in the warrant.
(2) A sheriff or police officer who makes an arrest under this subsection shall promptly notify the Division of the arrest.
Md. Code, Correctional Services § 3-215
(a) In accordance with the State budget, the Division may appoint officers and other employees as necessary to operate the Division and its units efficiently and effectively.
(b) (1) Except as otherwise provided in this subtitle, all officers and other employees of the Division shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.
(2) The following positions are in the executive service, the management service, or are special appointments of the skilled service or the professional service in the State Personnel Management System:
(i) Commissioner;
(ii) Deputy Commissioner;
(iii) Assistant Commissioner;
(iv) industries general manager;
(v) warden;
(vi) facility administrator; and
(vii) assistant warden.
(3) (i) The warden of a correctional facility is the appointing officer for the officers and other employees of that facility.
(ii) The Commissioner is the appointing officer for the other officers and employees in the Division.
(c) The Division may provide a dwelling for a warden.
(d) A warden may not receive any compensation or perquisite other than:
(1) the compensation and reimbursement provided under subsection (e) of this section; and
(2) if provided under subsection (c) of this section, a dwelling.
(e) (1) Officers and other employees are entitled to:
(i) compensation as provided in the State budget; and
(ii) reimbursement for expenses in accordance with the Standard State Travel Regulations.
(2) Officers and other employees working 40 hours or more per week in a correctional facility are entitled to one free meal per shift as provided in the State budget.
(f) (1) The Secretary shall require an individual to pass a polygraph examination before being appointed to serve as a correctional officer in a correctional facility.
(2) The Secretary shall adopt regulations governing the administration of the polygraph examination required under paragraph (1) of this subsection.
Md. Code, Correctional Services § 3-216
(a) The Commissioner shall designate correctional officers employed in each correctional facility in the Division who have the power to make arrests under § 2–207 of the Criminal Procedure Article.
(b) A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall:
(1) meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
(2) complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
Md. Code, Correctional Services § 3-217
(a) (1) The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes or an insurance policy of the type and in the amount of coverage determined by the Governor in consultation with the State Treasurer.
(2) The Commissioner may require any officer or other employee of the Division to execute a surety bond in the amount that the Commissioner, with the approval of the State Treasurer, establishes.
(3) The bond shall be conditioned on the individual faithfully performing the duties of office and accounting for all funds officially received.
(b) (1) A surety bond for the Commissioner shall be issued by a corporate surety approved by the Governor.
(2) Any surety bond for an officer or other employee of the Division shall be issued by a corporate surety approved by the Commissioner and the State Treasurer.
(c) The premium for a surety bond or an insurance policy issued under this section shall be paid by the Division.
(d) An individual who fails to provide or maintain a surety bond or an insurance policy as required by this section:
(1) may not assume the duties of the individual’s position; and
(2) after 30 days, forfeits the individual’s office or employment.
Md. Code, Correctional Services § 3-218
(a) An officer or other employee of the Division may not:
(1) accept a reward or gift, or a promise of a reward or gift, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual;
(2) receive a devise or bequest, or a promise of a devise or bequest, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual; or
(3) enter into a contract with an incarcerated individual in a correctional facility in the Division or with a person on behalf of an incarcerated individual.
(b) A gift, reward, bequest, devise, promise, or contract accepted, received, or entered into in violation of this section is void.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Correctional Services § 3-219
(a) The Division may acquire property by contract, purchase, or other means as required for the Division’s use and for the use of its units.
(b) The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units.
(c) The Division holds title to and has possession of all property previously acquired by the former Department of Correction or any unit of that Department.
(d) The Division holds title to and has possession of property as a trustee of the State.
(e) The Division’s custody, use, acquisition, and conveyance of property are subject generally to the powers and functions of the Board of Public Works.
Md. Code, Correctional Services § 3-220
(a) The Division controls the financial affairs of each unit in the Division.
(b) A bill or account against a unit may not be paid unless it is approved by the Division.
Md. Code, Correctional Services § 3-221
(a) The Division may apply for and receive funds or property in the form of a grant or loan from the federal government or a unit of the federal government to establish or maintain correctional facilities in the Division on the terms that the Division approves.
(b) The Division may not apply for a grant or loan under this section if there is a requirement to apply any of the funds or property in contravention of any provision of State law relating to correctional facilities in the Division.
(c) The Division may not accept a loan under this section unless the Division has obtained any approval required by law.
(d) The repayment of a loan with interest, if any, shall be made from funds appropriated to the Division in the State budget.
Md. Code, Correctional Services § 3-222
The expenses relating to guarding, lodging, feeding, clothing, and caring for an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction may not be assessed against, billed to, or paid by a county.
Md. Code, Correctional Services § 3-301
(a) Subject to subsection (d) of this section, the Commissioner shall operate a comprehensive rehabilitative prerelease unit for women that:
(1) is a separate structure in which the services specified in § 3–303(b) of this subtitle are provided;
(2) has security features for female incarcerated individuals who:
(i) present the least risk of violence;
(ii) present the least risk of escape; and
(iii) have a record of satisfactory institutional behavior; and
(3) matches security level on a validated gender–responsive risk measure.
(b) (1) In determining where to place a prerelease unit for women, the Commissioner shall determine into which area, defined by zip codes, the largest percentage of incarcerated individuals will likely be released.
(2) A prerelease unit for women shall be located in or adjacent to the zip codes identified in paragraph (1) of this subsection.
(c) An incarcerated individual assigned to a prerelease unit for women may have access to the community for any purpose described in § 3–305(a) of this subtitle.
(d) The Department shall:
(1) identify a location, acquire property, and design a site plan for the prerelease unit for women on or before June 1, 2021;
(2) begin construction or renovation of the facility on or before September 1, 2021; and
(3) begin operating and providing services in the facility on or before June 1, 2023.
Md. Code, Correctional Services § 3-302
The Commissioner has the same powers and duties relating to a prerelease unit for women as the Commissioner has for any other correctional facility in the Division.
Md. Code, Correctional Services § 3-303
(a) (1) In this section the following words have the meanings indicated.
(2) “Evidence–based programs and practices” has the meaning stated in § 6–119 of this article.
(3) “Innovative programs and practices” has the meaning stated in § 6–119 of this article.
(b) The Commissioner shall make evidence–based and gender–responsive services available to female incarcerated individuals at the prerelease unit for women required under § 3–301 of this subtitle.
(c) The comprehensive rehabilitative prerelease services shall utilize evidence–based programs and practices and innovative programs and practices to:
(1) assist female incarcerated individuals in improving their education, upgrading vocational skills, and obtaining suitable employment through classes to earn industry certification or community college credits, workforce training, and job placement;
(2) provide female incarcerated individuals with the opportunity to strengthen family and community relationships through extended family leave, parenting workshops, and family reunification assistance;
(3) provide integrative and gender–responsive services, including medical treatment, trauma–informed counseling, mental health treatment, and substance use disorder treatment to address overall health and trauma needs and help female incarcerated individuals achieve stable and productive roles in society; and
(4) develop individualized and comprehensive reentry plans involving community provider partnerships for female incarcerated individuals to reduce barriers to obtaining housing, jobs, education, health care, childcare and child welfare, transportation, legal advocacy, case management, and other needs.
Md. Code, Correctional Services § 3-304
(a) By contract or purchase of service agreement, the Division may arrange for a person or governmental unit to provide comprehensive rehabilitative prerelease services in a prerelease unit for women.
(b) With the Secretary’s approval, the Commissioner may contract with a person or a municipal or county authority to provide food, housing, transportation, and programs to incarcerated individuals in a prerelease unit for women.
(c) Under a contract with the federal government, the Commissioner may house federal incarcerated individuals in a prerelease unit for women.
Md. Code, Correctional Services § 3-305
(a) Subject to regulations adopted by the Commissioner, the Commissioner may delegate to the facility administrator of a prerelease unit for women the authority to grant incarcerated individuals the privilege of leaving the confines of the unit for the purpose of:
(1) engaging in or seeking employment;
(2) participating in educational programs or vocational training;
(3) participating in community or civic activities;
(4) participating in volunteer work;
(5) participating in athletic competition; or
(6) making personal or family visits.
(b) When outside the confines of a prerelease unit for women, an incarcerated individual shall carry, at all times, a copy of the form signed by the facility administrator containing the conditions governing the grant of leave.
(c) (1) An incarcerated individual who is on leave is deemed to be in the custody of the Commissioner to the same extent and subject to the same supervision and control as an incarcerated individual who is actually in confinement.
(2) An incarcerated individual who escapes while on leave under this section is subject to the penalties in § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-401
In this subtitle, “program” means a home detention program established under this subtitle.
Md. Code, Correctional Services § 3-402
With the Secretary’s approval, the Commissioner may establish a home detention program under which an incarcerated individual in the custody of the Commissioner may live in a private dwelling that the Commissioner or the Commissioner’s designee approves.
Md. Code, Correctional Services § 3-403
An incarcerated individual in the program shall be supervised by means of:
(1) electronic devices; and
(2) direct contact by employees of the Division.
Md. Code, Correctional Services § 3-404
An incarcerated individual is not eligible for the program if the incarcerated individual:
(1) is serving a life sentence;
(2) has been found guilty of a crime of violence as defined in § 14–101 of the Criminal Law Article unless:
(i) 5 years have elapsed since expiration of the sentence for the crime of violence; or
(ii) the incarcerated individual is within 90 days of release on parole or mandatory supervision; or
(3) has been found guilty of the crime of:
(i) child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
(ii) escape under § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-405
An incarcerated individual may be placed in the program if:
(1) the incarcerated individual agrees to waive the incarcerated individual’s right to contest extradition;
(2) the Commissioner or the Commissioner’s designee approves the placement; and
(3) the incarcerated individual has served any statutorily imposed minimum sentence, less the allowances for diminution of the incarcerated individual’s term of confinement provided under Subtitle 7 of this title and § 6–218 of the Criminal Procedure Article.
Md. Code, Correctional Services § 3-406
While in the program, an incarcerated individual must remain in the incarcerated individual’s approved dwelling except:
(1) with the approval of the program administrator, to go directly to and from:
(i) the incarcerated individual’s approved place of employment;
(ii) medical or mental health treatment; or
(iii) offices of the Department;
(2) as required by legitimate medical or other emergencies; or
(3) as otherwise allowed or directed by the program administrator.
Md. Code, Correctional Services § 3-407
(a) An incarcerated individual in the program is responsible for all of the incarcerated individual’s living expenses, including those for food, clothing, shelter, and utilities.
(b) Unless otherwise allowed by the Commissioner or the Commissioner’s designee, as a condition of participation in the program, an incarcerated individual shall make any court ordered payments for the support of dependents.
Md. Code, Correctional Services § 3-408
(a) To satisfy court ordered restitution that an incarcerated individual in the program owes, the Division shall:
(1) determine the amount of reasonable payments; and
(2) collect and disburse the payments.
(b) (1) The Division shall establish a reasonable fee for the cost of electronic supervision and, except as provided in paragraph (2) of this subsection, collect the fee from each incarcerated individual in the program.
(2) If the Division determines that an incarcerated individual cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the incarcerated individual wholly or partly from the fee.
Md. Code, Correctional Services § 3-409
(a) (1) An incarcerated individual who willfully violates the conditions of the incarcerated individual’s placement in the program is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year.
(2) Notwithstanding § 9–104 of this article, a sentence under this subsection may be to the jurisdiction of the Division.
(b) Commission of any crime by an incarcerated individual constitutes a violation of the conditions of the incarcerated individual’s placement in the program.
(c) An incarcerated individual who knowingly violates § 3–406 of this subtitle is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-410
An incarcerated individual in the program is not an agent or employee of the Division.
Md. Code, Correctional Services § 3-411
An incarcerated individual’s participation in the program does not affect the incarcerated individual’s eligibility for parole, diminution credits, or other privileges available by law to incarcerated individuals in the custody of the Commissioner.
Md. Code, Correctional Services § 3-412
(a) The Commissioner shall employ correctional employees to monitor and provide security for incarcerated individuals in the program.
(b) A correctional employee designated to monitor incarcerated individuals in the program may:
(1) obtain and execute search warrants as authorized under § 3–415 of this subtitle; and
(2) make arrests as authorized under § 2–207 of the Criminal Procedure Article.
(c) A correctional employee authorized to make arrests under this section shall:
(1) meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
(2) complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
Md. Code, Correctional Services § 3-413
The Commissioner or the Commissioner’s designee may remove an incarcerated individual from the program at any time and for any reason.
Md. Code, Correctional Services § 3-414
(a) With the Secretary’s approval, the Commissioner shall adopt regulations to implement the program.
(b) Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
Md. Code, Correctional Services § 3-415
(a) The Commissioner or the Commissioner’s designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an incarcerated individual in the program to search for the incarcerated individual.
(b) An application for a search warrant shall:
(1) be in writing;
(2) be verified by the applicant; and
(3) describe the premises to be searched and the nature, scope, and purpose of the search.
(c) A judge who receives an application for a search warrant may issue a warrant on a finding that:
(1) the scope of the proposed search is reasonable; and
(2) obtaining consent to enter the premises may jeopardize the attempt to take custody of the incarcerated individual.
(d) (1) A search warrant issued under this section shall specify the location of the premises to be searched.
(2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
(e) A search warrant issued under this section shall be executed and returned to the issuing judge:
(1) within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
(2) within 15 days after the warrant is issued, if no period is specified in the warrant.
Md. Code, Correctional Services § 3-501
(a) In this subtitle the following words have the meanings indicated.
(b) “Chief Executive Officer” means the Chief Executive Officer of Maryland Correctional Enterprises.
(c) “Contracting unit” means a unit of State government that is:
(1) authorized to contract for goods and services; or
(2) responsible for procurement of goods and services.
(d) “Management Council” means the Maryland Correctional Enterprises Management Council.
(e) “Political subdivision” means a county, municipal corporation, or special taxing district.
Md. Code, Correctional Services § 3-502
The purpose of this subtitle is to establish a Maryland Correctional Enterprises organization in the Division that:
(1) is financially self–supporting, generates revenue for its operations and capital investments, and reimburses the Division at a reasonable rate for services exchanged between the Division and Maryland Correctional Enterprises;
(2) provides meaningful work experiences for incarcerated individuals that are intended to allow incarcerated individuals to improve work habits, attitudes, and skills for the purpose of improving the employability of the incarcerated individuals on release;
(3) seeks to develop industries that provide full–time work experience or rehabilitation programs for all eligible incarcerated individuals;
(4) operates correctional industries in an environment that resembles as closely as possible the environment of private sector business operations; and
(5) makes the Division responsible for and accountable to the Secretary and the Governor for the Maryland Correctional Enterprises program.
Md. Code, Correctional Services § 3-503
There is a Maryland Correctional Enterprises organization in the Division.
Md. Code, Correctional Services § 3-504
The Division may exercise any authority necessary to perform properly any of its duties or functions under this subtitle.
Md. Code, Correctional Services § 3-505
The Secretary shall appoint a Chief Executive Officer with the approval of the Management Council.
Md. Code, Correctional Services § 3-506
(a) (1) The Chief Executive Officer:
(i) shall determine the personnel requirements of Maryland Correctional Enterprises;
(ii) is the appointing authority for all personnel of Maryland Correctional Enterprises; and
(iii) may hire individuals and incarcerated individuals consistent with existing policies and procedures of Maryland Correctional Enterprises as of July 1, 2012.
(2) The number of positions for Maryland Correctional Enterprises shall be included within the total personnel allocations provided for the Department.
(b) Special appointment positions in Maryland Correctional Enterprises are managerial, supervisory, and confidential positions.
Md. Code, Correctional Services § 3-507
(a) The Department shall include the budget for Maryland Correctional Enterprises in the Department’s budget.
(b) (1) Maryland Correctional Enterprises may establish a revolving fund to contain an amount that the Treasurer approves.
(2) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the revolving fund may be used for general operating expenses and the purchase of capital assets.
(ii) The revolving fund may be used to provide financial assistance, up to $250,000 in a fiscal year, to the Division of Correction to establish and operate employment readiness training programs and transitional services to rehabilitate incarcerated individuals currently or previously employed by Maryland Correctional Enterprises.
(3) The revolving fund established under paragraph (1) of this subsection is not subject to § 7–302 of the State Finance and Procurement Article.
(4) Maryland Correctional Enterprises shall submit an annual statement to the Comptroller and the Treasurer that provides an accurate and detailed accounting of all receipts and disbursements from the revolving fund.
(c) General Fund money may be appropriated to Maryland Correctional Enterprises to be used for the direct expenses of training incarcerated individuals.
Md. Code, Correctional Services § 3-508
(a) The Division shall:
(1) formulate an accounting and record system that at all times indicates the source, nature, and extent of purchases and sales of Maryland Correctional Enterprises; and
(2) maintain accounting records and prepare financial statements in accordance with generally accepted accounting principles for enterprise fund type activities.
(b) The financial statements required under subsection (a)(2) of this section shall be prepared and available for audit purposes not later than 60 days after the close of each fiscal year.
Md. Code, Correctional Services § 3-509
(a) Annually, the Division shall submit a complete financial and operational report of Maryland Correctional Enterprises and the Maryland Correctional Enterprises revolving fund to:
(1) the Governor;
(2) the Secretary; and
(3) the Secretary of Budget and Management.
(b) The report required under subsection (a) of this section shall:
(1) be in the same general form as a report by the Division on its operations and programs;
(2) include information about present and projected personnel and compensation requirements of Maryland Correctional Enterprises;
(3) list the job classifications for incarcerated individual labor in each department and facility under the authority of Maryland Correctional Enterprises;
(4) list the daily wage scale at each prison for each job classification under the authority of Maryland Correctional Enterprises;
(5) list the total number of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by facility; and
(6) list the race, age, and sex of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by job classification and wage scale.
(c) The Governor, the Secretary, and the Secretary of Budget and Management may include data from the report submitted under this section in the preparation of the budget and capital improvement bill.
Md. Code, Correctional Services § 3-511
(a) The Commissioner and the Chief Executive Officer may develop programs to provide services or produce goods used by:
(1) units of State government;
(2) political subdivisions of the State;
(3) units of the federal government;
(4) units of other states; or
(5) political subdivisions of other states.
(b) (1) The Commissioner and the Chief Executive Officer, with the approval of the Secretary, may develop training programs to provide construction and construction–related services, as defined in Title 11, Subtitle 1 of the State Finance and Procurement Article, for State correctional facilities.
(2) The training programs will be developed in consultation with the Maryland and District of Columbia Building Trades Councils.
(3) The programs established under paragraph (1) of this subsection are not subject to:
(i) the provisions of § 3–515 of this subtitle; or
(ii) except for § 11–101 of the State Finance and Procurement Article, the provisions of Division II of the State Finance and Procurement Article.
(4) A construction project under paragraph (1) of this subsection may not exceed $500,000 in total costs per unrelated project as determined by the Secretary.
(c) (1) In this subsection, “personal information” means an individual’s:
(i) Social Security number; or
(ii) credit card or financial information.
(2) A program may not allow an incarcerated individual to have access to the personal information of another.
Md. Code, Correctional Services § 3-512
(a) In accordance with subsection (b) of this section and after consulting with the Department of General Services, other contracting units, and political subdivisions, the Division and Maryland Correctional Enterprises shall establish uniform standards for quality, quantity, style, design, delivery, scheduling, and pricing.
(b) (1) The uniform standards developed under subsection (a) of this section shall be designed to reflect planned and forecasted product lines and production operations of Maryland Correctional Enterprises, commensurate with the production ability of Maryland Correctional Enterprises.
(2) After review by the Management Council, Maryland Correctional Enterprises shall send the standards to the appropriate contracting units for inclusion in annual goods and service procurement contracts.
Md. Code, Correctional Services § 3-513
(a) In accordance with subsection (b)(1) of this section, the Commissioner and Chief Executive Officer shall develop programs to provide incarcerated individuals with occupational experience to complement personnel development plans of the State Department of Education and other units of State government serving incarcerated individuals in the Division.
(b) (1) In establishing programs required under subsection (a) of this section, the Commissioner and Chief Executive Officer shall consult with:
(i) the Assistant Secretary for the Division of Employment and Training, Maryland Department of Labor;
(ii) the Assistant State Superintendent for the Division of Career Technology and Adult Learning, State Department of Education;
(iii) the Commissioner of the Division of Labor and Industry, Maryland Department of Labor; and
(iv) the Director of the Correctional Education Program, State Department of Education.
(2) The individuals listed in paragraph (1) of this subsection shall provide appropriate assistance to the Commissioner and Chief Executive Officer in carrying out this section.
Md. Code, Correctional Services § 3-514
(a) The Commissioner and Chief Executive Officer shall establish the compensation rate for incarcerated individual labor in Maryland Correctional Enterprises, taking into consideration other wage payments and incentives in other programs.
(b) After review by the Management Council, and after consideration of any recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that govern the method and time of compensation payments.
Md. Code, Correctional Services § 3-515
(a) A unit of State government shall purchase from Maryland Correctional Enterprises any goods or services that are available from Maryland Correctional Enterprises and that Maryland Correctional Enterprises can provide at a price not exceeding the prevailing average market price as determined by the Pricing and Selection Committee for Preferred Providers.
(b) The Pricing and Selection Committee for Preferred Providers shall review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises:
(1) when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises; and
(2) for new goods or services that Maryland Correctional Enterprises intends to make available.
(c) (1) The contracting unit shall inform each unit of State government for which it procures goods or services within 60 days after the award of a contract.
(2) Quarterly, each unit that requires goods or services for its operations shall inform Maryland Correctional Enterprises of its anticipated orders during the next 3–month period.
(3) If Maryland Correctional Enterprises is unable to provide any of the goods or services under the contract, Maryland Correctional Enterprises shall notify the contracting unit so that appropriate alternative action may be taken to meet the needs of units of State government for which the contracting unit procures goods or services.
(d) The Board of Public Works:
(1) shall suspend the application of subsection (a) of this section if the Board of Public Works finds that the purposes of Division II of the State Finance and Procurement Article are being unduly eroded due to the volume and scope of activities and sales by Maryland Correctional Enterprises; and
(2) may suspend the application of subsection (a) of this section for data entry services that involve information that is protected from disclosure under Title 4 of the General Provisions Article.
Md. Code, Correctional Services § 3-516
(a) Except as authorized under subsection (b) of this section, goods and services of Maryland Correctional Enterprises may not be sold on the open market.
(b) Goods and services of Maryland Correctional Enterprises may be sold on the open market:
(1) if they are produced or provided by an individual on parole or in a work release program;
(2) if the sale is made to a charitable, civic, educational, fraternal, or religious agency, association, or institution for its own use and not for resale within 1 year of the purchase;
(3) to a person for national defense purposes if not prohibited by an act of Congress;
(4) if they are surplus goods remaining after meeting the forecasted requirements of units of State government and political subdivisions and the goods remain unsold 1 year after being produced;
(5) for use by a contractor or subcontractor in performance of a contract with a unit of State government or any other governmental unit in the State;
(6) as allowed under the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance; or
(7) if they are related to the preparation or distribution of food or services related to agriculture or seafood processing, when the following conditions are met:
(i) the State labor pools are diminished; and
(ii) it has been determined that incarcerated individual labor is the available source.
(c) (1) The Secretary and the Secretary of Labor shall adopt regulations that specify how to determine the need for incarcerated individual labor under subsection (b)(7) of this section.
(2) Wages paid to incarcerated individuals under subsection (b)(7) of this section may not be less than wages paid for similar work in the private sector of the same locality as determined by the Secretary of Labor.
(3) Incarcerated individual labor under subsection (b)(7) of this section applies only to incarcerated individuals at the minimum, prerelease, and work release security levels.
Md. Code, Correctional Services § 3-517
There is a Maryland Correctional Enterprises Management Council in the Division.
Md. Code, Correctional Services § 3-518
(a) The Management Council consists of the following 15 members:
(1) the Commissioner;
(2) a representative of the Comptroller of the Treasury, appointed by the State Comptroller;
(3) the Chief Executive Officer;
(4) a member of the House of Delegates, appointed by the Speaker of the House of Delegates;
(5) a member of the Senate, appointed by the President of the Senate;
(6) a representative of the University System of Maryland, appointed by the Chancellor;
(7) a representative of the State Department of Education, appointed by the Governor;
(8) a representative of the Maryland Department of Labor, appointed by the Governor;
(9) a representative of the Governor’s Office of Crime Prevention and Policy, appointed by the Governor;
(10) two representatives of organized labor, one from the public sector and one from the private sector, appointed by the Governor in accordance with subsection (b) of this section;
(11) a judge, appointed by the Chief Justice of the Supreme Court of Maryland;
(12) two representatives of the business community selected from the fields of manufacturing, services, finance, and information technology, appointed by the Governor in accordance with subsection (b) of this section; and
(13) one representative of a nonprofit organization, appointed by the Governor in accordance with subsection (b) of this section.
(b) (1) The term of a member appointed under subsection (a)(10), (12), and (13) of this section is 3 years.
(2) At the end of a term the member continues to serve until a successor is appointed and qualifies.
(3) A member appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Correctional Services § 3-519
(a) The Management Council annually shall elect a Chairperson.
(b) The manner of election shall be as the Management Council determines.
Md. Code, Correctional Services § 3-520
(a) The Management Council shall determine the times and places of its meetings.
(b) Eight members of the Management Council constitute a quorum.
(c) A member of the Management Council:
(1) may not receive compensation for membership on the Management Council; but
(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d) Except as provided in subsection (e) of this section, the State, the Management Council, and the members and employees of the Management Council may not be held liable for any act or omission of the Management Council or any member or employee of the Management Council in connection with the performance of their duties.
(e) Subsection (d) of this section does not apply in the case of willful malfeasance or breach of trust by the State, the Management Council, or any member or employee of the Management Council.
(f) The Secretary shall employ staff for the Management Council to be paid out of funds from Maryland Correctional Enterprises, in accordance with the State budget.
(g) (1) For fiscal year 2000 and each fiscal year thereafter, the Management Council shall prepare a budget for submission to the Secretary.
(2) The Secretary shall request an appropriation for the Management Council in the annual State budget sufficient for the operation of the Council.
Md. Code, Correctional Services § 3-521
(a) (1) The Management Council shall:
(i) advise Maryland Correctional Enterprises on its specific proposals to establish new industries and improve the quality and quantity of job training programs; and
(ii) recommend the establishment and maintenance of industrial plants and service centers to be used for implementing the programs developed by the Commissioner and Chief Executive Officer under § 3–511 of this subtitle.
(2) Maryland Correctional Enterprises shall operate industrial plants and service centers recommended under paragraph (1)(ii) of this subsection primarily with incarcerated individuals in a manner that benefits the State and the training of incarcerated individuals by producing goods or providing services that are practical and adaptable for a prison industry.
(b) The Management Council shall:
(1) review the operation of the programs of Maryland Correctional Enterprises to determine whether:
(i) there is undue competition with private enterprise and recommend necessary adjustments to prevent undue competition; and
(ii) there is any negative impact on workers in the State, including wage depression or job displacement;
(2) review the standards for goods and services and the pricing schedules as recommended by the Chief Executive Officer; and
(3) review the occupational health and safety record of programs and other working conditions of incarcerated individuals in the programs of Maryland Correctional Enterprises.
(c) The Management Council shall:
(1) review the success of Maryland Correctional Enterprises in:
(i) meeting the employability development needs of incarcerated individuals; and
(ii) coordinating work programs with other rehabilitative programs;
(2) solicit and review information pertaining to concerns of participating incarcerated individuals; and
(3) recommend changes as necessary to meet the goals and objectives of Maryland Correctional Enterprises.
(d) The Management Council shall:
(1) solicit ideas, proposals, and suggestions from business representatives, nonprofit organizations, government entities, and members of the public as to how Maryland Correctional Enterprises could enhance the work experience of incarcerated individuals and increase the ability of incarcerated individuals to obtain gainful employment after release;
(2) review and recommend opportunities with private sector employers to expand the Prison Industries Enhancement Program;
(3) review and identify ways to improve the business practices of Maryland Correctional Enterprises in its sales, marketing, inventory, warehousing, and product line operations;
(4) monitor customer satisfaction with price, quality, delivery, and after delivery service; and
(5) review and comment on the operating and capital budgets of Maryland Correctional Enterprises, including cash forecasts.
Md. Code, Correctional Services § 3-522
On or before October 1 of each year, the Management Council shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual report summarizing the Management Council’s activities and recommendations.
Md. Code, Correctional Services § 3-523
All State and local governmental units shall cooperate with the Management Council in the discharge of its powers and duties, including requests for information associated with its purpose under this subtitle.
Md. Code, Correctional Services § 3-524
There is a Customer Council created to advise the Chief Executive Officer.
Md. Code, Correctional Services § 3-525
The Customer Council shall consist of the following 11 members:
(1) the Chief Executive Officer;
(2) one representative from each of the following State agencies, appointed by the Secretary of the respective agency:
(i) the Department of Budget and Management;
(ii) the Department of Commerce;
(iii) the Department of General Services;
(iv) the Maryland Department of Health;
(v) the Department of Human Services;
(vi) the Department of Transportation; and
(vii) the Maryland Higher Education Commission; and
(3) three customers recommended by the Chief Executive Officer and appointed by the Governor.
Md. Code, Correctional Services § 3-526
The Chief Executive Officer shall serve as chairperson of the Customer Council.
Md. Code, Correctional Services § 3-527
(a) The Customer Council shall meet quarterly.
(b) A member of the Customer Council:
(1) may not receive compensation for membership on the Customer Council; but
(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Correctional Services § 3-528
(a) The Customer Council shall:
(1) review the products and services of Maryland Correctional Enterprises;
(2) advise the Chief Executive Officer on quality, availability, style, design, delivery, scheduling, and pricing;
(3) recommend new products and services;
(4) annually review the catalog of Maryland Correctional Enterprises products and recommend changes to improve the catalog;
(5) recommend sales, marketing, and customer satisfaction initiatives;
(6) annually review the Maryland Correctional Enterprises business plan; and
(7) serve as a forum for raising and discussing issues related to any product or service offered by Maryland Correctional Enterprises.
(b) The Chief Executive Officer shall present a summary of Customer Council activities and recommendations to the Management Council, as provided in § 3-521(b) of this subtitle following each meeting.
Md. Code, Correctional Services § 3-601
(a) In this section, “risk and needs assessment” has the meaning stated in § 6–101 of this article.
(b) Promptly after an incarcerated individual is sentenced to the jurisdiction of the Division, the Division shall assemble an adequate case record for the incarcerated individual that includes:
(1) a description of the incarcerated individual;
(2) a photograph of the incarcerated individual;
(3) the family history of the incarcerated individual;
(4) the educational, vocational, and job history of the incarcerated individual;
(5) any previous record of the incarcerated individual;
(6) a summary of the facts of each case for which the incarcerated individual is serving a sentence; and
(7) as required under subsection (c) of this section, the results of:
(i) a risk and needs assessment of the incarcerated individual;
(ii) the physical and mental examination of the incarcerated individual; and
(iii) the educational, vocational, and job history interview of the incarcerated individual.
(c) The Division shall conduct, for each incarcerated individual, as soon as feasible after the individual is sentenced to the jurisdiction of the Division:
(1) a risk and needs assessment;
(2) a physical and mental examination; and
(3) an educational, vocational, and job history interview.
(d) (1) Based on the information assembled under subsection (b) of this section, the Division shall classify an incarcerated individual and develop a case plan to guide an incarcerated individual’s rehabilitation while under the custody of the Division.
(2) The case plan developed under this subsection shall include:
(i) programming and treatment recommendations based on the results of the risk and needs assessment conducted under subsection (c) of this section;
(ii) required conduct in accordance with the rules and policies of the Division; and
(iii) a plan for the payment of restitution, not to supersede any payment plan established by the court, if restitution has been ordered.
(e) In accordance with regulations adopted by the Division, the managing official of each correctional facility shall maintain, as a part of an incarcerated individual’s case record:
(1) an adequate record of the conduct, effort, and progress of the incarcerated individual during confinement; and
(2) a record of the character of any offense committed by the incarcerated individual and the nature and amount of punishment inflicted.
(f) To identify an incarcerated individual, the Division may photograph and fingerprint the incarcerated individual and record a description of the incarcerated individual’s personal background data.
Md. Code, Correctional Services § 3-602
(a) Except as otherwise provided in this subtitle, the contents of a case record maintained under § 3–601 of this subtitle may not be disclosed.
(b) The contents of a case record may be disclosed:
(1) if the record is necessary to ensure proper medical treatment, to a provider of medical services to the incarcerated individual;
(2) to the incarcerated individual’s attorney;
(3) to a person authorized by a court order;
(4) to a person expressly authorized by law;
(5) to a judge of a State court;
(6) to a State’s Attorney;
(7) to an employee of any State unit or a federal or local law enforcement unit, if disclosure is in furtherance of the employee’s lawful duties; and
(8) on written request, to a person who has written authorization for the disclosure from the incarcerated individual.
(c) Except for a disclosure under subsection (b)(5) or (6) of this section, an incarcerated individual’s case record may be disclosed only if the managing official of the correctional facility:
(1) approves the disclosure; and
(2) is satisfied that:
(i) each applicable condition set forth in subsection (b) of this section has been met;
(ii) the record will be used solely for the legitimate purposes of the person or governmental unit that receives it and not for any improper or unauthorized purpose; and
(iii) the record will not be further disseminated to a person or governmental unit not authorized to receive it.
(d) The Commissioner shall adopt regulations in accordance with this section to establish procedures that govern the disclosure of an incarcerated individual’s case record.
Md. Code, Correctional Services § 3-603
The managing official of a correctional facility shall present a copy of an incarcerated individual’s case record maintained under § 3–601 of this subtitle, or a summary of the record, to the Maryland Parole Commission:
(1) by the time the incarcerated individual becomes eligible for parole; and
(2) at other times on request.
Md. Code, Correctional Services § 3-604
(a) If an incarcerated individual is granted a rehearing or new trial by a court asserting jurisdiction over an offense for which the incarcerated individual is confined and the case record maintained under § 3–601 of this subtitle must be provided to the court or a correctional facility to which the incarcerated individual is transferred, the State shall reimburse the correctional facility or political subdivision for the cost of providing the record.
(b) The State shall make the payment described under subsection (a) of this section:
(1) through the Administrative Office of the Courts;
(2) after proper certification; and
(3) on a monthly basis.
Md. Code, Correctional Services § 3-605
If, in the trial of a criminal case, the fact that an individual was previously convicted of a crime is admissible in evidence, the case record maintained under § 3-601 of this subtitle is admissible in evidence to prove the fact of the conviction and of the crime for which the individual was convicted.
Md. Code, Correctional Services § 3-606
On request, the Division shall provide a copy of a case record maintained under § 3-601 of this subtitle to a managing official of:
(1) a correctional facility in another state if that state has made reciprocal provisions by law for providing records of its convicted criminals to the authorities of other states;
(2) a federal correctional facility; and
(3) a local correctional facility.
Md. Code, Correctional Services § 3-607
(a) The Division shall provide a copy of a case record maintained under § 3–601 of this subtitle to a police officer who presents an order for a copy of the record signed by the superintendent or other officer in charge of police in a municipal corporation or county.
(b) On or before the 28th day of each month, the Division shall provide to the superintendent or other officer in charge of police in the municipal corporation or county from which the incarcerated individual was committed the following information about each incarcerated individual whose sentence expires the following month:
(1) the incarcerated individual’s name;
(2) the date when the incarcerated individual’s sentence commenced;
(3) the county from which the incarcerated individual was committed;
(4) the crime for which the incarcerated individual was committed; and
(5) the exact date when the incarcerated individual will be discharged.
Md. Code, Correctional Services § 3-608
(a) To increase efficiency in the treatment, management, and rehabilitation of incarcerated individuals confined in correctional facilities in the Division, the Division and the Division of Parole and Probation shall exchange records and any other pertinent information that relates to an incarcerated individual.
(b) The Division and the Division of Parole and Probation shall establish the procedures and methods for the exchange of records and other information described in subsection (a) of this section.
Md. Code, Correctional Services § 3-609
(a) A correctional facility in the Division shall maintain a reserve financial account and a spending financial account for each incarcerated individual in the correctional facility.
(b) The accounts of an incarcerated individual may be charged for:
(1) the reasonable value of any State property that the incarcerated individual:
(i) willfully or maliciously destroys; or
(ii) destroys as the result of gross negligence; or
(2) any fees assessed under § 2–118 of this article.
(c) The Commissioner shall adopt regulations that:
(1) set forth those items that may be credited to or disbursed from an account under this section; and
(2) set forth procedures for carrying out this section, including procedures that provide due process of law to each incarcerated individual before the incarcerated individual’s accounts may be charged with a disbursement under subsection (b) of this section.
Md. Code, Correctional Services § 3-611
§3–611. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 677 OF 2021 //
(a) The Commissioner shall adopt regulations to implement the Inmate Training and Job Pilot Program established under Title 24, Subtitle 13 of the Education Article.
(b) The regulations adopted under this section shall include terms of deduction for Pilot Program participation and, if appropriate, provisions governing the work release of Pilot Program participants.
Md. Code, Correctional Services § 3-701
In this subtitle, “term of confinement” means:
(1) the length of the sentence, for a single sentence; or
(2) the period from the first day of the sentence that begins first through the last day of the sentence that ends last, for:
(i) concurrent sentences;
(ii) partially concurrent sentences;
(iii) consecutive sentences; or
(iv) a combination of concurrent and consecutive sentences.
Md. Code, Correctional Services § 3-702
(a) Subject to subsections (b) and (c) of this section, § 3–711 of this subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the custody of the Commissioner is entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
(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, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
(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, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
(c) 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 is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle, if the incarcerated individual was previously convicted of a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years.
Md. Code, Correctional Services § 3-703
Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this subtitle only from the date that the incarcerated individual is received into the physical custody of the Commissioner.
Md. Code, Correctional Services § 3-704
(a) An incarcerated individual shall be allowed a deduction in advance from the incarcerated individual’s term of confinement.
(b) (1) The deduction allowed under subsection (a) of this section shall be calculated:
(i) from the first day of commitment to the custody of the Commissioner through the last day of the incarcerated individual’s term of confinement;
(ii) except as provided in paragraph (2) of this subsection, at the rate of 10 days for each calendar month; and
(iii) on a prorated basis for any portion of a calendar month.
(2) If an 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, the deduction described in subsection (a) of this section shall be calculated at the rate of 5 days for each calendar month.
(c) A deduction under this section may not be allowed for a period during which an incarcerated individual does not receive credit for service of the incarcerated individual’s term of confinement, including a period:
(1) during which the incarcerated individual’s sentence is stayed;
(2) during which the incarcerated individual is not in the custody of the Commissioner because of escape; or
(3) for which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.
Md. Code, Correctional Services § 3-705
(a) (1) 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 during which the incarcerated individual manifests satisfactory performance of assigned work tasks.
(2) The deduction described in paragraph (1) of this subsection shall be calculated:
(i) from the first day that the work task is performed; and
(ii) on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the work task.
(b) The Commissioner shall adopt regulations governing the determination of deductions authorized under this section.
Md. Code, Correctional Services § 3-706
(a) In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in or completion of:
(1) vocational courses;
(2) other educational and training courses;
(3) workforce development training;
(4) cognitive–behavioral therapy;
(5) substance abuse therapy;
(6) life skills training; or
(7) antiviolence therapy, including anger management and conflict resolution.
(b) The deduction described in subsection (a) of this section shall be calculated:
(1) from the first day that the incarcerated individual participates in the course; and
(2) on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the course.
Md. Code, Correctional Services § 3-706.1
§3–706.1.
(a) In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction from the incarcerated individual’s term of confinement if the incarcerated individual successfully obtains:
(1) an intermediate high academic certificate;
(2) not more than one certificate of completion of a technical or vocational training program that required at least 600 hours of coursework and is approved by the Secretary of Labor and the Commissioner;
(3) a State High School Diploma by Examination under § 11–808 of the Labor and Employment Article;
(4) a high school diploma;
(5) not more than one associate degree; or
(6) not more than one bachelor’s degree.
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, the deduction allowed under subsection (a) of this section shall be 60 days per program completed.
(2) Except as provided in paragraph (3) of this subsection, for an incarcerated individual who is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, the deduction allowed under subsection (a) of this section shall be 40 days per program completed.
(3) An incarcerated individual who is serving a sentence for murder in the first degree or a sexual offense for which registration under Title 11, Subtitle 7 of the Criminal Procedure Article is required is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this section.
(4) The deduction allowed under this subsection shall be in addition to any other deduction awarded under this subtitle.
(c) The Commissioner shall establish a uniform system of deductions and participation criteria allowed under subsection (a) of this section.
Md. Code, Correctional Services § 3-707
(a) (1) Except as provided in paragraph (2) of this subsection, in addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in those special selected work projects or other special programs, including recidivism reduction programming, designated by the Commissioner and approved by the Secretary.
(2) The deduction described in paragraph (1) of this subsection shall be calculated at the rate of up to 10 days for each calendar month, if an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for:
(i) a crime of violence, as defined in § 14–101 of the Criminal Law Article;
(ii) a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; or
(iii) 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.
(b) A deduction described in subsection (a) of this section shall be calculated:
(1) from the first day that the incarcerated individual is assigned to the work project or program; and
(2) on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the work project or program.
Md. Code, Correctional Services § 3-708
Except as provided in § 3–706.1 of this subtitle, and notwithstanding any other provision of this subtitle, an incarcerated individual may not be allowed a deduction under this subtitle of more than:
(1) 20 days for a calendar month for an incarcerated individual described in § 3–707(a)(2) of this subtitle; and
(2) 30 days for a calendar month for all other incarcerated individuals.
Md. Code, Correctional Services § 3-709
(a) If an incarcerated individual violates the applicable rules of discipline, the Division may revoke a portion or all of the diminution credits awarded under §§ 3–704 (good conduct) and 3–707 (special projects) of this subtitle according to the nature and frequency of the violation.
(b) This section does not affect the diminution credits awarded under §§ 3–705 (work tasks) and 3–706 (education) of this subtitle.
(c) (1) The Division may restore diminution credits revoked under this section.
(2) The Commissioner shall adopt regulations governing the restoration of revoked diminution credits.
Md. Code, Correctional Services § 3-710
If an incarcerated individual in the Patuxent Institution or a correctional facility in the Division is admitted to a mental health facility under § 10–614 of the Health – General Article, the incarcerated individual may be allowed diminution credits under this subtitle.
Md. Code, Correctional Services § 3-711
If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on parole and the parole is revoked, diminution credits that were awarded before the incarcerated individual’s release on parole may not be applied toward the incarcerated individual’s term of confinement on return to the Division.
Md. Code, Correctional Services § 3-801
(a) The Division may establish a work–release program.
(b) Under the work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division may be granted the privilege of leaving actual confinement during necessary and reasonable hours:
(1) to work at gainful public or private employment;
(2) to attend school; or
(3) under appropriate conditions, to seek employment.
(c) (1) An incarcerated individual may apply to the warden of the correctional facility in which the incarcerated individual is confined for permission to participate in the program.
(2) An application shall include:
(i) a statement by the incarcerated individual that the incarcerated individual agrees to abide by all terms and conditions of the particular plan that the Commissioner or the Commissioner’s designee adopts for the incarcerated individual;
(ii) the name and address of a proposed employer or school training program, if any; and
(iii) any other information that the Division or the Commissioner requires, including the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
(d) (1) A warden may recommend an incarcerated individual’s application to the Commissioner.
(2) The Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the application.
(3) If an incarcerated individual’s application is approved, the Commissioner or the Commissioner’s designee shall adopt a work–release plan for the incarcerated individual that:
(i) contains terms and conditions that are necessary and proper;
(ii) may include the incarcerated individual’s waiver of the right to contest extradition proceedings; and
(iii) is signed by the incarcerated individual before the incarcerated individual participates in the work–release program.
(4) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the work–release program.
Md. Code, Correctional Services § 3-802
(a) The Commissioner may grant weekend leave to an incarcerated individual if:
(1) the incarcerated individual has participated for at least 2 months in the work–release program established under § 3–801 of this subtitle; and
(2) the incarcerated individual’s direct Division supervisor in the work–release program recommends the incarcerated individual for weekend leave.
(b) The Commissioner shall:
(1) determine whether to grant authorization for weekend leave; and
(2) establish terms and conditions for weekend leave, which may include the incarcerated individual’s waiver of the right to contest extradition proceedings.
(c) Weekend leave may not begin before 6 p.m. Friday or end after 6 p.m. on the Sunday that immediately follows.
Md. Code, Correctional Services § 3-803
(a) (1) The Division shall designate correctional facilities in the Division to house incarcerated individuals in the work–release program established under § 3–801 of this subtitle.
(2) If the designated facilities are not reasonably near the place of employment of an incarcerated individual who is in the work–release program, the Division may contract with a political subdivision of the State to house the incarcerated individual in a suitable local correctional facility.
(3) The Commissioner shall include as a specific term or condition of an incarcerated individual’s work–release plan the place where the incarcerated individual is to be confined when not released under the work–release program.
(b) (1) An incarcerated individual who is released from actual confinement under a work–release plan may not willfully fail to return to the designated place of confinement at the designated times.
(2) An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-804
(a) An incarcerated individual who is employed in the community under a work–release plan shall surrender to the Division the incarcerated individual’s total earnings less any payroll deductions required by law.
(b) (1) The Division shall deduct from the incarcerated individual’s earnings in the following order of priority:
(i) an amount the Division determines to be the cost to the State of providing food, lodging, and clothing for the incarcerated individual;
(ii) fees assessed under § 2–118 of this article;
(iii) the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual confinement under the work–release program;
(iv) subject to paragraph (3) of this subsection, any amount that the incarcerated individual is legally obligated to pay to support the incarcerated individual’s dependents; and
(v) the amount that a court orders to be paid as restitution.
(2) Any balance that remains after the deductions are made under subsection (a) of this section shall be:
(i) credited to the incarcerated individual’s account; and
(ii) paid to the incarcerated individual on release.
(3) Any amount deducted under paragraph (1)(iv) of this subsection shall be paid to an incarcerated individual’s dependents through the local social services administration in the county in which the dependents reside.
(c) If any part of the incarcerated individual’s final earnings under a work–release plan are required to satisfy the obligatory deductions set forth in subsection (b) of this section, the balance of those earnings shall be forwarded to the incarcerated individual within 15 days after the incarcerated individual’s release from the Division’s jurisdiction.
Md. Code, Correctional Services § 3-805
(a) An incarcerated individual who is employed in the community as a participant in the work–release program established under § 3–801 of this subtitle is not an agent, employee, or involuntary servant of the Division while released from confinement under the terms of a work–release plan.
(b) Title 10, Subtitle 3 of this article does not apply when an incarcerated individual released under a work–release plan sustains an injury while engaged in gainful private employment.
Md. Code, Correctional Services § 3-806
Sections 3–801 through 3–805 of this subtitle do not affect:
(1) an incarcerated individual’s eligibility for parole, as provided in Title 7 of this article; or
(2) diminution of an incarcerated individual’s term of confinement, as provided in Subtitle 7 of this title.
Md. Code, Correctional Services § 3-807
(a) The Division may establish an extended work–release program.
(b) Under the extended work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:
(1) to work at gainful employment;
(2) to live in a noninstitutional environment; or
(3) under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.
(c) When an incarcerated individual who has been convicted of desertion or nonsupport of a spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner’s designee to determine the advisability of placing the incarcerated individual in the extended work–release program.
(d) (1) (i) After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the placement of an incarcerated individual in the extended work–release program.
(ii) If an incarcerated individual is approved for placement in the extended work–release program, the Commissioner or the Commissioner’s designee shall adopt an extended work–release plan for the incarcerated individual.
(2) An extended work–release plan:
(i) shall contain terms and conditions that are necessary and proper;
(ii) shall be signed by the incarcerated individual before the incarcerated individual participates in the program; and
(iii) may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
(3) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the extended work–release program.
(e) In addition to any other terms and conditions contained in an extended work–release plan, a plan may provide:
(1) that the incarcerated individual’s earnings be used to support the incarcerated individual’s family and reimburse the State for the incarcerated individual’s room and board; and
(2) (i) that the incarcerated individual work at gainful employment during necessary and reasonable hours;
(ii) that the incarcerated individual live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or
(iii) in special cases, to serve the general welfare and the best interests of the incarcerated individual’s family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the incarcerated individual live at home under intensive supervision by the Division of Parole and Probation.
(f) (1) An incarcerated individual who has been placed in an extended work–release plan, including an incarcerated individual who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an incarcerated individual who is actually confined in a correctional facility until the incarcerated individual:
(i) is pardoned or paroled; or
(ii) has served the incarcerated individual’s full sentence less any diminution credits awarded under Subtitle 7 of this title.
(2) If the Commissioner revokes an extended work–release plan, the incarcerated individual shall be returned to actual confinement in a correctional facility until a new plan is approved for the incarcerated individual.
(g) Other State units, including the Department of Human Services and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work–release program.
(h) The Commissioner may adopt regulations to implement the extended work–release program.
(i) (1) An incarcerated individual who is released from actual confinement under an extended work–release program may not willfully violate the terms of authorization for release in the incarcerated individual’s extended work–release plan.
(2) An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Correctional Services § 3-808
(a) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant compassionate leave to an incarcerated individual confined in a correctional facility in the Division to visit a member of the incarcerated individual’s immediate family who is seriously ill or attend the funeral of a member of the incarcerated individual’s immediate family.
(b) (1) When granting compassionate leave to an incarcerated individual, the Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration shall:
(i) issue a written authorization that:
1. specifies the conditions of the compassionate leave; and
2. may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings; and
(ii) file a copy of the authorization in the Commissioner’s office.
(2) While on compassionate leave, an incarcerated individual at all times shall possess a copy of the authorization for compassionate leave.
(c) (1) The duration of compassionate leave shall include reasonable time:
(i) for travel; and
(ii) for fulfilling the purpose of the leave.
(2) The Commissioner may require an incarcerated individual to whom compassionate leave is granted or anyone acting on the incarcerated individual’s behalf to reimburse the Division for the expenses incurred by the Division in granting the leave.
(d) The failure of an incarcerated individual to comply with the terms of the incarcerated individual’s authorization for compassionate leave is a violation of § 9–404 of the Criminal Law Article.
(e) The Commissioner may adopt regulations to carry out this section.
Md. Code, Correctional Services § 3-809
(a) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave within or outside of the State as provided under this section to an incarcerated individual who:
(1) is confined in a correctional facility in the Division;
(2) has been selected to participate in a prerelease program; and
(3) is within 3 months of the incarcerated individual’s anticipated release.
(b) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave to an incarcerated individual:
(1) for an employment interview;
(2) as part of a prerelease program relating to employment; or
(3) to participate in a community treatment or educational program that will contribute to the incarcerated individual’s rehabilitation.
(c) (1) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration:
(i) may grant weekend leave to an incarcerated individual if:
1. the incarcerated individual has participated for at least 2 months in a prerelease program as authorized under this section; and
2. the incarcerated individual’s direct Division supervisor in the prerelease program recommends the incarcerated individual for weekend leave; and
(ii) shall establish the terms and conditions of weekend leave, which may include the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
(2) Weekend leave may not begin before 6 p.m. on Friday or end after 6 p.m. on the Sunday that immediately follows.
Md. Code, Correctional Services § 3-810
(a) On the recommendation of treatment staff and with the approval of the managing official of a correctional facility in the Division, the Commissioner or Deputy Commissioner may grant special leave to an incarcerated individual to allow an incarcerated individual to participate in a special community or other meritorious program or activity within or outside of the State that the Commissioner and managing official believe:
(1) would benefit the incarcerated individual;
(2) would not be detrimental to the public; and
(3) would help rehabilitate the incarcerated individual.
(b) The Commissioner or Deputy Commissioner may grant special leave for the purpose of allowing an incarcerated individual to:
(1) attend an educational program;
(2) improve job skills;
(3) attend a trade licensing examination;
(4) be interviewed for employment;
(5) participate as a volunteer for a governmental unit in an activity that serves the general public;
(6) participate in athletic competition;
(7) participate in a civic activity that benefits the incarcerated individual or the community; or
(8) participate in a residential or nonresidential treatment program including a program for pregnant women or a program to establish bonding between mothers and newborn children.
(c) An incarcerated individual granted leave under this section may be allowed to remain outside the institution for any period of time consistent with public safety.
(d) (1) An incarcerated individual is not eligible for special leave under this section unless the managing official and Commissioner concur that positive attitudinal and growth patterns are being established.
(2) Special leave shall be issued in writing and signed personally by both the managing official and either the Commissioner or Deputy Commissioner.
(3) As a condition of granting special leave, the Commissioner may require that the incarcerated individual agree to waive the right to contest extradition proceedings.
(4) The Commissioner or Deputy Commissioner shall file the order granting special leave in the Division.
Md. Code, Correctional Services § 3-811
(a) The Commissioner or Commissioner’s designee may grant family leave to allow an incarcerated individual to visit the incarcerated individual’s family for a reasonable time if the incarcerated individual:
(1) is confined in a correctional facility in the Division;
(2) is classified to be in prerelease status; and
(3) is recommended by the correctional facility’s case management team and managing official.
(b) (1) When granting family leave to an incarcerated individual, the Commissioner or Commissioner’s designee shall:
(i) issue a written authorization to the incarcerated individual that specifies the conditions of the family leave; and
(ii) file a copy of the authorization in the Commissioner’s office.
(2) While on family leave, an incarcerated individual at all times shall possess a copy of the authorization for family leave.
(c) The failure of an incarcerated individual to comply with the terms of the authorization for family leave is a violation of § 9–404 of the Criminal Law Article.
(d) The Commissioner may adopt regulations to carry out this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026