Md. Code, Correctional Services, Title 5

in effect

Md. Code, Correctional Services § 5-101

(a) In this title the following words have the meanings indicated. (b) “Commissioner” means the Commissioner of Pretrial Detention and Services. (c) “Division” means the Division of Pretrial Detention and Services.

Md. Code, Correctional Services § 5-102

(a) The creation of the Division is based on the findings and policies set forth in this section. (b) (1) Each year a large number of individuals have criminal charges placed against them in Baltimore City and remain on pretrial status until these charges are adjudicated. (2) Many of the individuals on pretrial status were formerly committed to the Baltimore City Jail. (c) There is an important public need to centralize and coordinate the provision of services to individuals on a pretrial status in Baltimore City. (d) Baltimore City does not have the financial resources to fund a local correctional facility at a level sufficient to meet the needs of those incarcerated. (e) The State recognizes the need to provide effective and efficient services to the public through management of the pretrial population in Baltimore City.

Md. Code, Correctional Services § 5-201

(a) There is a Division of Pretrial Detention and Services in the Department. (b) The Division consists of: (1) a Pretrial Release Services Program; (2) a centralized booking facility for Baltimore City; (3) the Metropolitan Transition Center; (4) the Chesapeake Detention Facility; and (5) the Youth Detention Center. (c) The Division has the same authority with regard to the custody of its incarcerated individuals and the operation of the facilities within the Division as: (1) the Division of Correction has under this Code with regard to the custody of its incarcerated individuals and the operation of the Division of Correction; and (2) the sheriffs have under this Code with regard to the detention of incarcerated individuals committed to their custody and the operation of local correctional facilities. (d) This title does not limit or supersede the authority of a court to determine the conditions of pretrial release.

Md. Code, Correctional Services § 5-202

(a) With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services. (b) The Commissioner serves at the pleasure of the Secretary. (c) The Commissioner: (1) has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction; (2) shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law; (3) is in charge of the Division, subject to the authority of the Secretary; (4) is the appointing authority for all employees of the Division; (5) shall establish a home detention program under terms and conditions that the Secretary provides; (6) may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division; (7) may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and (8) may enter other agreements necessary to carry out the purposes of this title. (d) (1) Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section. (2) The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by: (i) a regulation of the Division or Department; or (ii) the Division or the Commissioner.

Md. Code, Correctional Services § 5-203

(a) With the approval of the Secretary, the Commissioner shall appoint a Deputy Commissioner of Pretrial Detention and Services. (b) The Deputy Commissioner serves at the pleasure of the Commissioner. (c) The Deputy Commissioner shall be the acting Commissioner in the absence of the Commissioner.

Md. Code, Correctional Services § 5-301

(a) There is a Pretrial Release Services Program in the Division. (b) Subject to the authority of the Commissioner and in addition to any other duties established by law, the Pretrial Release Services Program shall perform the pretrial release duties formerly performed by the Pretrial Release Services Division of the Department of Public Safety and Correctional Services, the Pretrial Release Committee, and the Division of Parole and Probation.

Md. Code, Correctional Services § 5-302

(a) (1) With the approval of the Secretary, the Commissioner shall appoint the Director and Deputy Director of the Pretrial Release Services Program. (2) The Director is the head of the Pretrial Release Services Program. (b) (1) The Director and Deputy Director of the Pretrial Release Services Program serve at the pleasure of the Commissioner. (2) The Director and Deputy Director are entitled to the compensation provided in the State budget.

Md. Code, Correctional Services § 5-401

(a) There is a Youth Detention Center in the Division. (b) The Youth Detention Center is a pretrial detention facility for juvenile incarcerated individuals under the age of 18 years who have been charged with a crime as an adult in Baltimore City.

Md. Code, Correctional Services § 5-402

(a) With the approval of the Secretary, the Commissioner shall appoint a facility administrator of the Youth Detention Center. (b) The facility administrator serves at the pleasure of the Commissioner. (c) Subject to the authority of the Commissioner and the Secretary, the facility administrator is in charge of the Youth Detention Center.

Md. Code, Correctional Services § 5-403

(a) The Commissioner may appoint assistant facility administrators for the Youth Detention Center as provided in the State budget. (b) An assistant facility administrator serves at the pleasure of the Commissioner. (c) Subject to the authority of the Commissioner and the Secretary, in the absence of the facility administrator, an assistant facility administrator designated by the facility administrator is in charge of the Youth Detention Center.

Md. Code, Correctional Services § 5-404

(a) The Division shall operate a centralized booking facility for Baltimore City. (b) The centralized booking facility shall include: (1) pretrial release services; (2) District Court Commissioners; (3) an Office of the State’s Attorney for Baltimore City; and (4) Baltimore City Police Services. (c) The centralized booking facility shall be equipped for video bail review.

Md. Code, Correctional Services § 5-405

(a) An incarcerated individual in the centralized booking facility who is sick, injured, or disabled shall: (1) reimburse the State, as appropriate, for the payment of medical expenses; and (2) provide the warden 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 the third party payor; and (iv) any policy or other identifying number relating to items (i) through (iii) of this item. (b) (1) In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual 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 warden on behalf of the incarcerated individual. (3) The fees collected under this subsection shall be deposited in the General Fund of the State. (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 centralized booking facility; (v) initiated by a medical or mental health staff member of the centralized booking facility; or (vi) required for necessary treatment. (c) Subsections (a) and (b) 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 (a) of this section.

Md. Code, Correctional Services § 5-406

(a) On the recommendation of a health care provider, the facility administrator of the Youth Detention Center and the facility administrator’s designees may authorize medical treatment of a juvenile incarcerated individual when in the judgment of the facility administrator or a designee the treatment is required and a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization. (b) The facility administrator or the facility administrator’s designees may not be held liable for authorizing medical treatment under this section in good faith.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026