Md. Code, Correctional Services, Title 10

Md. Code, Correctional Services, Title 10
in effect

Md. Code, Correctional Services § 10-101

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Board of Public Works. (c) “State correctional facility” has the meaning stated in § 11–101 of the State Finance and Procurement Article.

Md. Code, Correctional Services § 10-102

(a) The Department shall: (1) advise the Board in connection with each engineering question or matter concerning construction of a State correctional facility; (2) supervise each engineering question or matter concerning the design or construction of a State correctional facility; (3) subject to subsection (b) of this section, approve each architectural and engineering design and service in connection with the construction of a State correctional facility; and (4) examine and approve or disapprove each design, plan, and specification prepared in connection with the preparation or execution of a contract for construction of a State correctional facility. (b) Architectural and engineering services shall be procured as provided under Title 13, Subtitle 3 of the State Finance and Procurement Article.

Md. Code, Correctional Services § 10-103

A contract, plan, design, or specification for construction of a State correctional facility that involves an engineering question is subject to the approval of the Secretary.

Md. Code, Correctional Services § 10-104

(a) The Department shall: (1) inspect and approve or disapprove the material, equipment, and methods used to construct a State correctional facility; and (2) inspect the State correctional facility during the course of construction. (b) The duty of the Department under this section does not relieve an architect or engineer of a supervisory responsibility for which the architect or engineer is employed.

Md. Code, Correctional Services § 10-105

The Department shall: (1) represent the Board at the opening of bids for contracts related to construction of a State correctional facility; (2) tabulate and record the bids; and (3) advise the Board on the bids.

Md. Code, Correctional Services § 10-106

Notwithstanding the provisions of §§ 4-310 through 4-315 of the State Finance and Procurement Article: (1) the purchase of all supplies, materials, and equipment for construction of a State correctional facility is subject to the approval of the Secretary; (2) payment of an invoice for supplies, materials, or equipment that the Department purchases for construction of a State correctional facility may not occur until the Secretary or the Secretary’s designee approves the invoice; and (3) the Secretary shall set standards that are consistent with the provisions of Division II of the State Finance and Procurement Article for the purchase of supplies, materials, and equipment by the Department for the construction of a State correctional facility.

Md. Code, Correctional Services § 10-107

(a) (1) The Board may not approve a contract to construct or renovate a State correctional facility for the Department, if the construction or renovation will provide more than 3,400 beds in the Jessup area of Anne Arundel and Howard counties. (2) The total number of beds shall be computed as follows: (i) Jessup Pre–Release Unit (including new drug unit) 184; (ii) Patuxent Institution 640; (iii) Maryland Correctional Institution for Women 249; (iv) Brockbridge Correctional Facility 515; (v) House of Correction, for renovation or replacements (512+500+400+400) 1,812; and (vi) Total 3,400. (b) The limitation established under this section does not apply to a community adult rehabilitation center.

Md. Code, Correctional Services § 10-203

(a) (1) With the approval of the Governor, the Secretary shall appoint an Executive Director of the Office. (2) The Executive Director serves at the pleasure of the Secretary. (3) The Executive Director is entitled to the compensation provided in the State budget. (b) In accordance with the State budget, the Secretary may provide the Office with the administrative, secretarial, and clerical employees necessary for the efficient administration of the powers and duties of the Office.

Md. Code, Correctional Services § 10-205

(a) The Office shall keep a record of all complaints submitted to the Office under this subtitle and the disposition of each complaint. (b) The record shall be open to public inspection during regular business hours.

Md. Code, Correctional Services § 10-206

(a) Subject to subsection (b) of this section, if an individual confined in a correctional facility in the Division of Correction, otherwise in the custody of the Commissioner of Correction, or confined in the Patuxent Institution has a grievance against an official or employee of the Division of Correction or the Patuxent Institution, the individual may submit a complaint to the Office within the time and in the manner required by regulations adopted by the Office. (b) If the Division of Correction or the Patuxent Institution has a grievance procedure applicable to the particular grievance of an individual described in subsection (a) of this section and the Office considers the procedure to be reasonable and fair, the Office, by regulation, may require that the procedure be exhausted before submission of a complaint to the Office.

Md. Code, Correctional Services § 10-207

(a) The Executive Director or the Director’s designee shall conduct a preliminary review of each complaint submitted to the Office. (b) (1) After preliminary review, if the complaint is determined to be wholly lacking in merit on its face, the Executive Director or the Director’s designee may dismiss the complaint without a hearing or specific findings of fact. (2) (i) The order of dismissal shall be forwarded to the complainant within 60 days after the complaint was submitted to the Office. (ii) The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review. (c) (1) After preliminary review, if the complaint is not found to be wholly lacking in merit on its face, the Office shall refer the complaint to the Office of Administrative Hearings. (2) The Office of Administrative Hearings shall hold a hearing on the complaint as promptly as practicable.

Md. Code, Correctional Services § 10-208

(a) The Office of Administrative Hearings may conduct hearings under this subtitle at correctional facilities in the Division of Correction or at the Patuxent Institution. (b) With the approval of the Secretary, the Office of Administrative Hearings shall have access to documentary evidence of any person or facility that is the subject of an investigation or proceeding under this subtitle: (1) at all reasonable times; and (2) for the purpose of examining and copying the evidence. (c) (1) The Office of Administrative Hearings may issue subpoenas requiring: (i) the attendance and testimony of witnesses; and (ii) the production of documentary evidence relating to any matter under investigation. (2) The administrative law judge presiding at a hearing may administer oaths. (3) A record of the testimony presented at the hearing shall be kept in accordance with regulations adopted by the Office of Administrative Hearings. (d) (1) The complainant has the right to appear before the Office of Administrative Hearings and to be represented by an attorney of the complainant’s choice at the complainant’s expense. (2) (i) The complainant shall have the opportunity to call a reasonable number of witnesses depending on the circumstances and the nature of the complaint, subject to the discretion of the Office of Administrative Hearings and the Inmate Grievance Office as to the relevance of the testimony and questions and the number of witnesses sought to be called. (ii) The complainant shall have a reasonable opportunity to question any witness who testifies before the Office of Administrative Hearings. (3) The rights of the complainant under this subsection may not be unreasonably withheld or restricted by the Office of Administrative Hearings or the Inmate Grievance Office.

Md. Code, Correctional Services § 10-209

(a) (1) Promptly after the hearing on a complaint, the Office of Administrative Hearings shall issue a decision in the form of an order. (2) The order shall include a statement of the findings of fact, the conclusions of law, and the disposition of the complaint under subsection (b) of this section. (b) (1) (i) If the Office of Administrative Hearings dismisses the complaint as wholly lacking in merit, it promptly shall forward an order of dismissal to the complainant. (ii) The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review. (2) If the Office of Administrative Hearings concludes that the complaint is wholly or partly meritorious, it promptly shall forward a proposed order to the Secretary. (c) (1) Within 15 days after receiving a proposed order under subsection (b)(2) of this section, the Secretary shall issue an order affirming, reversing, or modifying the order of the Office of Administrative Hearings, or remanding the complaint to the Office of Administrative Hearings for further proceedings. (2) The Secretary may take any action the Secretary considers appropriate in light of the findings of the Office of Administrative Hearings, including ordering the appropriate official to accept as a whole or in part the recommendation of the Office of Administrative Hearings. (3) (i) The Secretary’s order shall be forwarded promptly to the complainant. (ii) Unless the complaint is remanded, the Secretary’s order constitutes the final decision for purposes of judicial review.

Md. Code, Correctional Services § 10-210

(a) A court may not consider an individual’s grievance that is within the jurisdiction of the Office or the Office of Administrative Hearings unless the individual has exhausted the remedies provided in this subtitle. (b) (1) The complainant is entitled to judicial review of the final decision of the Secretary under § 10–207(b)(2)(ii) or § 10–209(b)(1)(ii) or (c)(3)(ii) of this subtitle. (2) Proceedings for review shall be instituted in the circuit court of the county in which the complainant is confined. (3) Review by the court shall be limited to: (i) a review of the record of the proceedings before the Office and the Office of Administrative Hearings and any order issued by the Secretary following those proceedings; and (ii) a determination of whether the complainant’s rights under federal or State law were violated. (c) (1) The Administrative Procedure Act does not apply to appellate review of a final judgment of the circuit court under this section. (2) A party aggrieved by the decision of the circuit court may file an application for leave to appeal to the Appellate Court of Maryland in accordance with the Maryland Rules.

Md. Code, Correctional Services § 10-301

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Sundry Claims Board. (c) “Permanent partial disability” has the same meaning given under Title 9, Subtitle 6, Part IV of the Labor and Employment Article. (d) “Permanent total disability” has the same meaning given under Title 9, Subtitle 6, Part V of the Labor and Employment Article.

Md. Code, Correctional Services § 10-303

(a) The Board consists of the following three members: (1) the Secretary of Public Safety and Correctional Services, or the Secretary’s representative; (2) the Secretary of Budget and Management, or the Secretary’s representative; and (3) the Comptroller, or the Comptroller’s representative. (b) The Governor shall designate one member of the Board as chairperson and another member as secretary of the Board. (c) The chairperson may call a meeting of the Board. (d) Each member of the Board is entitled to reimbursement of expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Correctional Services § 10-304

The Board shall administer benefits as provided under this subtitle to an individual who, while an incarcerated individual in the Patuxent Institution, the Baltimore City Detention Center, or a correctional facility in the Division of Correction: (1) was engaged in work for which wages or a stipulated sum of money was paid by a correctional facility; and (2) sustained a permanent partial disability or permanent total disability: (i) as a result of a personal injury arising out of and in the course of work for which wages or a stipulated sum of money was paid by a correctional facility; and (ii) that incapacitated the individual or materially reduced the individual’s earning power in that type of work.

Md. Code, Correctional Services § 10-305

(a) (1) An injured incarcerated individual may file a claim for compensation against the State under this subtitle with the Board. (2) The Board may receive original papers representing a claim even if the State has not appropriated money to pay the claim. (b) An injured incarcerated individual shall file a claim with the Board by the later of: (1) 12 months after being released from the correctional facility; or (2) 24 months after the date of injury. (c) The Board shall file and properly designate each claim by number, short title, or both.

Md. Code, Correctional Services § 10-306

(a) With respect to any claim, a member of the Board may: (1) administer oaths; and (2) issue subpoenas to compel: (i) the attendance of witnesses; and (ii) the production of pertinent records or documents. (b) The Board may petition a circuit court for an order of contempt against a person who refuses to: (1) comply with a subpoena issued by a Board member; (2) comply with a request by a Board member to be sworn to an oath; or (3) answer as a witness before the Board.

Md. Code, Correctional Services § 10-307

(a) (1) The Board shall investigate each claim filed under § 10–305 of this subtitle. (2) After its investigation, the Board shall: (i) approve the claim; (ii) approve the claim subject to conditions and limitations; or (iii) disapprove the claim. (b) The Board shall append to the original papers representing the claim a concise written statement of the facts developed in the proceedings on which its approval, conditional or limited approval, or disapproval is based. (c) (1) The Board shall file the original papers representing the claim and all appended documents in the office of the Secretary. (2) (i) The Board shall send a copy of the original papers representing the claim and all appended documents to: 1. the Comptroller; and 2. the Secretary of Budget and Management. (ii) The Comptroller and the Secretary of Budget and Management shall keep a record of the documents sent by the Secretary under subparagraph (i) of this paragraph. (3) The original papers representing the claim and all appended documents constitute a permanent claims record.

Md. Code, Correctional Services § 10-308

(a) In determining what compensation, if any, to allow a claimant, the Board shall consider: (1) the good faith of the claimant; (2) the possibility that the alleged injury was self–inflicted or not accidental; (3) the extent and nature of the injury; (4) the degree of disability; (5) the period of disability or incapacity for other work; and (6) the ordinary earning power of the claimant. (b) (1) The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim. (2) The Board shall pay to the claimant or the claimant’s representative any compensation approved by the Board and included in the State budget. (c) The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board. (d) An incarcerated individual working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program: (1) is excluded from the jurisdiction of the Board; and (2) shall be administered benefits as provided under Title 9 of the Labor and Employment Article.

Md. Code, Correctional Services § 10-309

(a) (1) A claimant aggrieved by a final determination of the Board may file a petition for judicial review in the circuit court of the county where the injury occurred or where the claimant resides. (2) The Board may be a party to the action. (b) The circuit court may: (1) affirm the Board’s determination; (2) reverse or modify a determination it finds to be arbitrary or unreasonable; or (3) remand the case and direct the Board to consider the matter further or make additional findings of fact. (c) The claimant or the Board may appeal a decision of the circuit court to the Appellate Court of Maryland.

Md. Code, Correctional Services § 10-402

There is a citizens’ advisory committee for the State correctional facilities located in or planned for location in each of the following areas: (1) Baltimore City; (2) Cumberland; (3) Hagerstown; (4) Jessup; and (5) Somerset County.

Md. Code, Correctional Services § 10-403

(a) Except as provided in subsection (f)(1) of this section, a committee consists of the following seven members: (1) one member appointed by the Governor and nominated by the Senator of the legislative district in which the State correctional facilities are located or planned for location; (2) three members appointed by the Governor, each one nominated by a different Delegate in the legislative district in which the State correctional facilities are located or planned for location; and (3) three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee. (b) The Governor shall appoint each individual nominated by a Senator or Delegate for a vacancy on a committee within 60 days after receipt of the nominee’s name. (c) (1) Each member nominated by a Senator or Delegate must be a resident of the legislative district in which the State correctional facilities are located or planned for location. (2) Each member appointed by the Governor under subsection (a)(3) of this section, must be a resident of the county in which the State correctional facilities are located or planned for location. (d) (1) Except as provided in subsection (f)(3) of this section and except for the initial appointments to a committee, the term of a member is 3 years. (2) The terms of members are staggered as required by the terms provided for members of the committee on October 1, 1999. (e) (1) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies. (f) (1) In Somerset County, the committee consists of the following eight members: (i) one member appointed by the Governor and nominated by the Senator from Legislative District 38; (ii) three members appointed by the Governor, each one nominated by a different Delegate from Legislative District 38; (iii) three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee; and (iv) a Somerset County Commissioner appointed by the Board of County Commissioners of Somerset County. (2) Each member of the committee must be a resident of Somerset County. (3) The term of the Somerset County Commissioner appointed under paragraph (1)(iv) of this subsection is equal to the Commissioner’s elected term.

Md. Code, Correctional Services § 10-405

(a) A majority of the members then serving on a committee is a quorum. (b) (1) Each committee shall meet at least once every 3 months. (2) The meetings of each committee shall be held: (i) in a State correctional facility in a space designated by the managing official of the facility; or (ii) if a State correctional facility is being planned, in a location accessible to the members of the committee. (c) A member of a committee may not receive compensation.

Md. Code, Correctional Services § 10-407

A committee may: (1) report to the Commissioner of Correction and the Governor about the concerns of the people who reside in the vicinity of each State correctional facility assigned to the committee; (2) be available to interpret programs and problems relating to each State correctional facility assigned to the committee to the people who reside in the vicinity of each facility; and (3) perform other services and responsibilities considered necessary.

Md. Code, Correctional Services § 10-502

(a) There is an incarcerated individual welfare fund in each State correctional facility. (b) A fund may be used only for goods and services that benefit the general incarcerated individual population as defined by regulations that the Department adopts.

Md. Code, Correctional Services § 10-503

(a) (1) Each fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) (i) Each fund consists of: 1. profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions; and 2. subject to subparagraph (ii) of this paragraph, money received from other sources. (ii) Money from the General Fund of the State may not be transferred by budget amendment or otherwise to a fund. (3) The Treasurer shall separately hold and the Comptroller shall account for each fund. (4) Each fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article. (b) (1) Each fund shall be invested and reinvested in the same manner as other State funds. (2) Any investment earnings are not a part of the fund.

Md. Code, Correctional Services § 10-601

(a) As used in this section, “facility” means a correctional facility of any kind for adults or juveniles. (b) Another state may not begin construction or otherwise locate a facility in this State unless the other state submits a written request for approval to construct or locate the facility to and receives approval from: (1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or (2) the Secretary of Juvenile Services, in the case of a facility for juveniles. (c) (1) The Secretary of Public Safety and Correctional Services may approve or disapprove a request for approval to construct or locate a facility for adults in this State. (2) The Secretary of Juvenile Services may approve or disapprove a request for approval to construct or locate a facility for juveniles in this State. (3) Approval or disapproval shall be: (i) after consultation with the Governor, the governing body of the county in which the facility will be located, and the community in which the facility will be located; and (ii) in accordance with applicable standards concerning the location of facilities. (d) If another state has an existing facility in this State, the other state may not increase the incarcerated individual population of that facility by more than 5% unless the other state first submits a written request for the increase to and receives approval for the increase from: (1) the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or (2) the Secretary of Juvenile Services, in the case of a facility for juveniles.

Md. Code, Correctional Services § 10-701

(a) (1) There is an Intelligence and Investigative Division in the Department. (2) The Secretary shall appoint the Director of the Intelligence and Investigative Division. (3) Subject to the authority of the Secretary, the Intelligence and Investigative Division shall: (i) investigate: 1. alleged criminal violations committed by employees of the Department while on duty; 2. alleged criminal violations committed by incarcerated individuals, visitors, and other individuals that affect the safety or security of the Department’s facilities or programs; and 3. alleged professional misconduct by employees of the Department; (ii) adopt regulations for the conduct of its investigations; and (iii) oversee and coordinate all intelligence efforts within the Department. (b) An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is owned, leased, operated by, or under the control of the Department. (c) (1) An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is not owned, leased, operated by, or under the control of the Department when: (i) engaged in fresh pursuit of a suspected offender; (ii) requested or authorized to do so by the chief executive officer or chief police officer of a county; (iii) necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Department; (iv) necessary to investigate and protect property that is owned, leased, operated by, or under the control of the Department; (v) engaged in an active and official investigation of the conduct of an employee of the Department when the employee’s alleged conduct will compromise the safety or security of the Department’s facilities or programs; (vi) engaged in an active and official investigation of an incarcerated individual in the custody of the Commissioner of Correction or the Commissioner of Pretrial Detention and Services, an incarcerated individual subject to the jurisdiction of the Patuxent Institution, or an individual sentenced to probation or released on parole or mandatory supervision; or (vii) ordered to do so by the Governor. (2) When acting under the authority granted in this subsection in connection with an investigation or enforcement action, the Intelligence and Investigative Division shall notify the following persons: (i) when in an incorporated municipality, the chief of police, if any, or the chief’s designee; (ii) when in a county that has a county police department, the chief of police or the chief’s designee; (iii) when in a county without a police department, the sheriff or the sheriff’s designee; (iv) when in Baltimore City, the Police Commissioner or the Police Commissioner’s designee; (v) when on any property owned, leased, operated by, or under the control of the Department of Natural Resources, the Secretary of Natural Resources or the Secretary’s designee; (vi) when on any property owned, leased, operated by, or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, the respective chief of police or the chief’s designee; and (vii) unless there is an agreement otherwise with the Department of State Police, the Department of State Police barrack commander or designee. (3) The notification required under paragraph (2) of this subsection shall be made: (i) in advance, if practicable; or (ii) if advance notification is not practicable, as soon as possible after the exercise of the powers. (4) When acting under the authority granted in this subsection, a member of the Intelligence and Investigative Division shall have all the immunities from liability and exemptions as that of a State Police officer in addition to any other immunities and exemptions to which the member may otherwise be entitled. (5) A member of the Intelligence and Investigative Division who uses the authority granted in this subsection shall at all times and for all purposes remain an employee of the Intelligence and Investigative Division. (d) An individual who is employed as an investigator in the Intelligence and Investigative Division shall meet the minimum qualifications required and satisfactorily complete the training prescribed by the Maryland Police Training and Standards Commission.

Md. Code, Correctional Services § 10-702

(a) (1) In this section the following words have the meanings indicated. (2) “Offender” has the meaning stated in § 6–101 of this article. (3) “Program” has the meaning stated in § 6–101 of this article. (b) There is a Warrant Apprehension Unit in the Intelligence and Investigative Division. (c) The Director of the Intelligence and Investigative Division may authorize employees of the Warrant Apprehension Unit of the Intelligence and Investigative Division to: (1) execute warrants for the retaking of offenders; (2) execute warrants for the arrest of probationers for whom a warrant is issued for an alleged violation of probation; (3) obtain and execute search warrants as authorized under § 6–109 of this article; and (4) arrest offenders in the program as authorized under § 2–207 of the Criminal Procedure Article. (d) An Intelligence and Investigative Division employee who is 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. (e) An Intelligence and Investigative Division employee who is authorized to make arrests under this section may also exercise the powers of a peace officer and police officer.

Md. Code, Correctional Services § 10-801

(a) In this section: (1) “contraband” means any item, material, substance, or other thing of value that: (i) is not authorized for incarcerated individual possession by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility; or (ii) is brought into a State correctional facility in a manner prohibited by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility; and (2) “contraband” includes any other property defined in regulations by the Commissioner of Correction, the Director of Patuxent Institution, or the Commissioner of Pretrial Detention and Services. (b) (1) A State correctional facility shall hold for 30 days any personal property of an incarcerated individual that comes into the possession of any official or employee of the State correctional facility: (i) as the result of an escape by the incarcerated individual; or (ii) because the personal property has been unclaimed by an incarcerated individual who has the right to its possession. (2) During the 30–day holding period, the State correctional facility shall post notice in a conspicuous location in the State correctional facility. (3) The State correctional facility shall deliver personal property being held by the State correctional facility to an incarcerated individual if: (i) the property is claimed within the 30–day holding period; (ii) the incarcerated individual satisfactorily establishes a right to possession of the property; and (iii) the incarcerated individual gives a proper receipt for the property. (c) (1) The Commissioner of Correction, the Director of the Patuxent Institution, and the Commissioner of Pretrial Detention and Services shall adopt regulations: (i) to define what property constitutes contraband in State correctional facilities; (ii) to establish procedures for the confiscation of contraband by staff of State correctional facilities; and (iii) to establish procedures governing hearings on the issue of forfeiture of confiscated property. (2) (i) Except as provided in paragraph (3) of this subsection, an incarcerated individual whose property is confiscated as contraband shall be notified of the right to have the property removed from the State correctional facility or sent to a person outside the State correctional facility at the incarcerated individual’s expense. (ii) If an incarcerated individual fails to have property removed from or sent outside the State correctional facility within 30 days after receipt of notice of confiscation, the property shall be deemed abandoned property under subsection (d)(2) and (3) of this section. (3) (i) Property confiscated as contraband may be subject to forfeiture. (ii) Property may not be forfeited under subparagraph (i) of this paragraph, unless, prior to forfeiture, the State correctional facility provides notice to the incarcerated individual: 1. that the property has been confiscated; and 2. of the right to a hearing on the issue of forfeiture. (iii) A hearing on a disciplinary infraction may include the adjudication of any issue of forfeiture of confiscated property. (d) (1) Personal property that is unclaimed within the 30–day holding period established under subsection (b) of this section shall be deemed abandoned property. (2) Abandoned property may be sold, converted to the use of the Division of Correction, the Patuxent Institution, or the Division of Pretrial Detention and Services, or otherwise disposed of in accordance with procedures established by regulation. (3) All claims to abandoned property are absolutely barred. (e) (1) This section does not create or recognize any cause, action, or defense or abridge any immunity of the Department or any of its units, officials, or employees. (2) This section does not affect the authority of State correctional facilities to seize and dispose of personal property that is contraband per se in accordance with applicable law without a hearing.

Md. Code, Correctional Services § 10-901

(a) In this subtitle the following words have the meanings indicated. (b) “Appointing authority” has the meaning stated in § 1–101 of the State Personnel and Pensions Article. (c) “Correctional officer” means an employee of the Department working in a State correctional facility who serves in the classification of correctional officer II, sergeant, lieutenant, captain, or major, and includes: (1) a correctional dietary officer; (2) a correctional maintenance officer; (3) a correctional laundry officer; (4) a correctional recreation officer; and (5) a correctional supply officer. (d) (1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence, or a contested case proceeding before the Office of Administrative Hearings, elected by the correctional officer. (2) “Hearing” does not include an interrogation at which no testimony is taken under oath. (e) “Hearing board” means a hearing board that is authorized under § 10–908 of this subtitle to hold a hearing on a complaint against a correctional officer. (f) “Intelligence and Investigative Division” means the Intelligence and Investigative Division established under § 10–701 of this title. (g) “Misconduct” means: (1) engaging in intentional behavior, without justification, that injures another person, causes damage to property, or threatens the safety of the workplace; (2) engaging in unjustifiably offensive conduct toward fellow employees, incarcerated individuals, or the public; (3) using excessive force in the treatment or care of an incarcerated individual; (4) possessing or trafficking in contraband at a Department facility; (5) being on duty while under the influence of alcohol or a controlled dangerous substance, or while engaged in the illegal use of a prescription drug; (6) engaging in a social, personal, intimate, or sexual relationship with an incarcerated individual; (7) stealing State property with a value of $300 or less; (8) engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality; (9) willfully making a false official statement or report; (10) violating a lawful order or failing to obey a lawful order given by a superior; (11) engaging in any of the actions that are cause for automatic termination of employment under § 11–105 of the State Personnel and Pensions Article; or (12) committing any violation of the Department’s Standards of Conduct.

Md. Code, Correctional Services § 10-902

(a) The purpose of this subtitle is to establish exclusive procedures for the investigation and discipline of a correctional officer for alleged misconduct. (b) The disciplinary actions authorized under this subtitle are those authorized under §§ 11–104 and 11–105 of the State Personnel and Pensions Article.

Md. Code, Correctional Services § 10-903

(a) Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State law, including § 11–106 of the State Personnel and Pensions Article, that conflict with this subtitle to the extent of the conflict. (b) This subtitle does not limit the authority of the appointing authority to regulate the competent and effective operation and management of a State correctional facility by reasonable means including the transfer and reassignment of employees if: (1) that action is not punitive in nature; and (2) the appointing authority determines that action to be in the best interests of the internal management of the correctional facility.

Md. Code, Correctional Services § 10-904

(a) A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless the disclosure is required by federal or State law or the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s duties. (b) A correctional officer may not be discharged, disciplined, or demoted, denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer: (1) has exercised or demanded the rights granted by this subtitle; or (2) has lawfully exercised constitutional rights. (c) The right of a correctional officer to bring suit arising out of the correctional officer’s duties as a correctional officer may not be abridged by rule, regulation, or policy. (d) A correctional officer may waive any or all of the rights under this subtitle if: (1) the waiver is signed and acknowledged by the correctional officer; and (2) the waiver is given after the correctional officer is given an opportunity to consult with legal counsel selected by the correctional officer or a representative from the correctional officer’s employee organization.

Md. Code, Correctional Services § 10-905

(a) The investigation or interrogation by the appointing authority or by the Intelligence and Investigative Division of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section. (b) The investigating officer or interrogating officer shall be a member of the Intelligence and Investigative Division or a designee of the appointing authority. (c) (1) At least 24 hours before an interrogation, the correctional officer under investigation shall be informed of the name, rank, and command of: (i) the person in charge of the investigation; (ii) the interrogating officer; and (iii) each individual who will be present during the interrogation. (2) At least 24 hours before an interrogation, the correctional officer under investigation shall be informed in writing by the appointing authority of: (i) the nature of the investigation; and (ii) the correctional officer’s rights under this subtitle. (d) If the correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the correctional officer shall be informed completely of the correctional officer’s constitutional rights before the interrogation begins. (e) Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty. (f) The interrogation shall take place at: (1) the appointing authority’s office; (2) the appointing authority’s conference room; or (3) another reasonable and appropriate place. (g) (1) All questions directed to the correctional officer under interrogation shall be asked by one person during any one session of interrogation. (2) Each session of interrogation shall allow for personal necessities and rest periods as reasonably necessary. (h) The correctional officer under interrogation may not be threatened with criminal prosecution, transfer, dismissal, or disciplinary action. (i) (1) If requested by or on behalf of the correctional officer under investigation, the correctional officer may not be questioned or interrogated, and any current questioning or interrogation must cease, unless: (i) 1. the correctional officer is represented by legal counsel selected by the correctional officer; 2. the correctional officer is represented by an agent of the exclusive representative of the correctional officer designated under § 3–406 of the State Personnel and Pensions Article; or 3. the correctional officer chooses an agent of the employee organization selected by the correctional officer for an investigation under this subtitle if the correctional officer is not within the bargaining unit for which an exclusive representative is designated; and (ii) the legal counsel or the agent selected by the correctional officer is present and available for consultation at all times during the interrogation. (2) (i) Subject to subparagraph (ii) of this paragraph, if representation is not available, the interrogation shall be suspended until representation is obtained. (ii) A suspension of interrogation under subparagraph (i) of this paragraph may not exceed 10 days unless the appointing authority, for good cause shown, extends the period for obtaining representation. (3) During the interrogation, the correctional officer’s counsel or representative may: (i) request a recess at any time to consult with the correctional officer; (ii) object to any question posed; and (iii) state on the record outside the presence of the correctional officer the reason for the objection. (j) (1) A complete record shall be kept of the entire interrogation, including all recess periods. (2) The record shall be made by electronic equipment or by a stenographer. (3) On completion of the investigation, and on request of the correctional officer or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be provided within 5 days of the request. (k) (1) The person assigned to conduct the investigation may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation. (2) If the correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the appointing authority may commence an action that may lead to discipline as a result of the refusal. (3) If a correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer. (l) (1) If the correctional officer is ordered to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in a hearing board or an administrative hearing unless the appointing authority and the correctional officer agree to the admission of the results. (2) The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if: (i) the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination; (ii) the counsel or representative is allowed to observe the administration of the examination; and (iii) a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination. (m) On completion of an investigation and at least 20 days before a hearing, the correctional officer under investigation shall be: (1) notified of the name of each witness and of each charge and specification against the correctional officer; and (2) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s counsel or representative agree to execute a confidentiality agreement with the appointing authority or the Intelligence and Investigative Division not to disclose any material contained in the investigatory file or exculpatory information for any purpose other than to defend the correctional officer. (n) A person may not insert adverse material into a file of the correctional officer, except the file of the Intelligence and Investigative Division, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.

Md. Code, Correctional Services § 10-906

(a) A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order to show cause why the right should not be granted. (b) The correctional officer may apply for the show cause order: (1) either individually or through the correctional officers’ exclusive bargaining representative who shall have standing for that purpose; and (2) at any time before the beginning of a hearing by the hearing board.

Md. Code, Correctional Services § 10-907

(a) The appointing authority may not bring charges recommending the imposition of discipline more than 90 days after the Intelligence and Investigative Division or the appointing authority acquires knowledge of the action that gives rise to the discipline. (b) The 90–day limitation established under subsection (a) of this section does not apply to charges that relate to criminal activity if the criminal activity: (1) relates to the correctional officer’s official duties; (2) arises from events that occur at a correctional facility; or (3) involves an incarcerated individual or detainee at a correctional facility. (c) An appointing authority may not recommend disciplinary action against a correctional officer for excessive use of force against an incarcerated individual based solely on the uncorroborated statement of the incarcerated individual unless the appointing authority determines that there exists any indicia of reliability to support the incarcerated individual’s allegation. (d) This section does not limit the right of the Department to investigate claims of excessive force against incarcerated individuals to ensure the safety and security of its correctional facilities, or for any other legitimate purpose.

Md. Code, Correctional Services § 10-908

(a) If the appointing authority brings charges recommending discipline against a correctional officer, the charges shall contain: (1) a statement of facts and offenses alleged; and (2) notice of the correctional officer’s appeal rights. (b) The appointing authority shall provide the charges and notice required under subsection (a)(2) of this section to the correctional officer and to the correctional officer’s legal counsel or the agent of the employee organization selected by the correctional officer under § 10–907 of this subtitle. (c) On receiving charges which recommend termination, demotion, or suspension without pay of 10 days or greater, a correctional officer may: (1) file an appeal under § 11–109 of the State Personnel and Pensions Article; or (2) within 15 days after receiving the charges, file a request for a hearing by a hearing board. (d) If a correctional officer receives charges which recommend discipline other than termination, demotion, or suspension without pay of 10 days or greater, before the appointing authority takes action on the discipline, the correctional officer may appeal only under § 11–109 of the State Personnel and Pensions Article. (e) An emergency suspension is not subject to appeal. (f) An action which does not constitute discipline under § 11–107 of the State Personnel and Pensions Article is not subject to appeal.

Md. Code, Correctional Services § 10-909

(a) A correctional officer who has been charged with a felony may request a stay of all charges and proceedings under this section until after a verdict has been reached in the felony case. (b) A correctional officer who has been convicted of a felony is not entitled to a hearing under this section. (c) (1) (i) The hearing board authorized under this section shall consist of at least three members. 1. For correctional officers holding the rank of sergeant or below, the hearing board shall be composed of two correctional officers who are members of the bargaining unit, one of whom is the same rank as the correctional officer facing charges, and one correctional officer ranked lieutenant or higher. 2. For correctional officers holding the rank of lieutenant and above, the hearing board shall be composed of one correctional officer of equal rank, one correctional officer of equal or lower rank, and one correctional officer of equal or higher rank. (ii) Correctional officers assigned to serve on a hearing board shall be randomly selected from a rotating list of correctional officers eligible to serve on disciplinary hearing boards maintained by the Department. (iii) The Department, after consultation with the exclusive representative for the correctional officers who are covered by this subtitle, shall determine: 1. the manner of selection of correctional officers who are eligible to serve on a rotating list; and 2. the manner of the selection of correctional officers for a hearing board. (iv) Correctional officers assigned to serve on a hearing board shall be from a facility other than the facility to which the correctional officer facing charges is regularly assigned, and may not have had a role in the investigation or the interrogation of the correctional officer against whom the charges are filed, or be involved in any way with the incidents that are the subject of the complaint. (v) 1. The highest ranking member of the hearing board shall serve as the hearing board chair. 2. The chair of the hearing board: A. shall participate in any deliberations; but B. may only vote on the decision in the event of a tie; and C. may file a statement of position for the record. 3. The chair of the hearing board shall be from a different facility than the other board members. (vi) The appointing authority and the exclusive bargaining representative may negotiate an alternative method of forming the hearing board for members of the collective bargaining unit. (2) (i) Decisions of the hearing board shall be by majority vote of all members of the board. (ii) The votes of the hearing board are confidential, and decisions shall be reported by the chair. (d) (1) In connection with a disciplinary hearing, the hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents as relevant or necessary. (2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court. (3) Each party may request the hearing board to issue a subpoena or order under this subtitle. (4) In case of refusal to obey a subpoena served under this subsection, the parties to the proceeding may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the documents sought. (5) On a finding that the attendance and testimony of the witness or the production of the documents sought is relevant or necessary, the court may: (i) issue without cost an order that requires the attendance and testimony of witnesses or the production of documents; and (ii) impose punishment for failure to obey the order. (e) (1) The hearing shall be conducted by the hearing board. (2) The hearing board shall give the Department and correctional officer ample opportunity to present evidence and argument about the issues involved. (3) (i) The correctional facility and correctional officer may be represented by legal counsel they each may select. (ii) In the alternative, a correctional officer may be represented: 1. by an agent of the exclusive representative of the correctional officer designated under § 3–406 of the State Personnel and Pensions Article; or 2. if the correctional officer is not within the bargaining unit for which an exclusive representative is designated under § 3–406 of the State Personnel and Pensions Article, by any person chosen by the correctional officer. (4) Each party has the right to cross–examine witnesses who testify, and each party may submit rebuttal evidence. (f) (1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect. (2) The hearing board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. (3) Each record or document that a party desires to use shall be offered and made a part of the record. (4) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. (g) (1) The hearing board may take notice of: (i) judicially and administratively cognizable facts; and (ii) general, technical, or scientific facts within its specialized knowledge. (2) The hearing board shall: (i) notify each party of the facts so noticed either before or during the hearing or by reference in preliminary reports or otherwise; and (ii) give each party an opportunity and reasonable time to contest the facts so noticed. (3) The hearing board may use its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented. (h) The officiating member of a hearing board shall administer oaths or affirmations and examine individuals under oath. (i) (1) A correctional officer shall be granted release time from the correctional officer’s normal work schedule to attend a conference or hearing as a witness. (2) Expenses incurred in connection with attendance by a correctional officer at conferences or hearings, whether as a grievant, as a grievant’s representative, or as a witness, shall be borne by the Department. (j) An official record, including testimony and exhibits, shall be kept of the hearing. (k) To the extent that any provision of this section is inconsistent with the Administrative Procedure Act, the Administrative Procedure Act shall govern.

Md. Code, Correctional Services § 10-910

(a) (1) A decision, order, or action taken as a result of a hearing under § 10–909 of this subtitle shall be in writing and accompanied by findings of fact. (2) The findings of fact shall consist of a concise statement on each issue in the case. (3) A finding of not guilty by the hearing board terminates the action. (4) The hearing board may make a finding of guilty on a preponderance of the evidence that establishes that the correctional officer engaged in misconduct on any of the charges. (5) The hearing board shall make a separate finding of guilty or not guilty as to each offense alleged. (6) If the hearing board makes a finding of guilt, the hearing board shall: (i) reconvene the hearing; (ii) receive evidence; and (iii) consider the correctional officer’s past job performance, the relation of the contemplated disciplinary action to any prior disciplinary action, and other relevant mitigating information as factors before deciding a penalty. (7) The hearing board shall recommend the penalty it considers appropriate under the circumstances, including disciplinary suspension without pay, demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive. (8) For the purposes of this subsection, performance–based offenses shall be considered one type of offense and attendance–based offenses shall be considered another type of offense. (9) A copy of the decision or order, findings of fact, conclusions, and a written determination of penalty shall be delivered or mailed promptly to: (i) the correctional officer and the correctional officer’s counsel or representative of record; (ii) the appointing authority of the correctional facility; and (iii) the Secretary. (b) (1) Within 30 days after receipt of the recommendations of the hearing board, the appointing authority shall: (i) review the findings, conclusions, and recommendations of the hearing board; and (ii) issue a final order. (2) The final order and decision of the appointing authority is binding, but may be appealed in accordance with § 10–911 of this subtitle. (3) The recommendation of a penalty by the hearing board is not binding on the appointing authority. (4) The appointing authority shall consider the correctional officer’s past job performance and the relation of the contemplated disciplinary action to any prior disciplinary action before imposing a penalty. (5) Before terminating a correctional officer under this subsection, the appointing authority shall obtain approval from the Secretary. (6) With the approval of the Secretary, the appointing authority may increase the recommended penalty of the hearing board if the appointing authority: (i) reviews the entire record of the proceedings of the hearing board; (ii) meets with the correctional officer and allows the correctional officer to be heard on the record; (iii) at least 10 days before the meeting, discloses and provides in writing to the correctional officer any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and (iv) states on the record the substantial evidence on which the appointing authority relied to support the increase of the recommended penalty. (c) (1) The Correctional Training Commission may revoke the certification of a correctional officer in conjunction with disciplinary action taken under this subtitle. (2) If a hearing board rescinds or modifies a disciplinary action against a correctional officer, the hearing board may reinstate the correctional officer’s certification with no further examination or condition.

Md. Code, Correctional Services § 10-911

(a) An appeal from a decision made under § 10–910 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7–202. (b) A party aggrieved by a decision of a court under this subtitle may appeal to the Appellate Court of Maryland.

Md. Code, Correctional Services § 10-912

(a) On request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if: (1) the Intelligence and Investigative Division that investigated the complaint: (i) exonerated the correctional officer of all charges in the complaint; or (ii) determined that the charges were unsustained or unfounded; or (2) a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty. (b) There is no time requirement for expungement under paragraph (1) of this subsection.

Md. Code, Correctional Services § 10-913

(a) This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority. (b) (1) The appointing authority may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, the public, and the correctional facility. (2) If the correctional officer is suspended with pay, the appointing authority may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending: (i) a determination by a court with respect to a criminal violation; or (ii) a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation. (3) A correctional officer who is suspended under this subsection is entitled to a prompt hearing. (c) (1) The appointing authority may impose an emergency suspension of correctional powers without pay if: (i) a correctional officer is charged with a felony; (ii) a correctional officer is charged with a violation of § 9–415, § 9–416, or § 9–417 of the Criminal Law Article; or (iii) a correctional officer is charged with a violation of § 9–412 of the Criminal Law Article involving contraband that is: 1. money or a money equivalent; or 2. an item or substance intended to cause physical injury. (2) A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing, held no more than 90 days after the suspension. (3) Except as provided in paragraph (4) of this subsection, a correctional officer who is suspended under paragraph (1) of this subsection and who is not convicted of the felony or misdemeanor for which the suspension was imposed shall have: (i) the suspension rescinded; and (ii) any lost time, compensation, status, and benefits restored. (4) Paragraph (3) of this subsection does not apply to a correctional officer who: (i) resigns before the disposition of the criminal matter for which the suspension was imposed; or (ii) is no longer employed by the Department when a determination is made by a court with respect to the criminal matter for which the suspension was imposed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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