Md. Code, Correctional Services, Title 2

Md. Code, Correctional Services, Title 2
in effect

Md. Code, Correctional Services § 2-102

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

Md. Code, Correctional Services § 2-103

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. (b) The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.

Md. Code, Correctional Services § 2-105

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

Md. Code, Correctional Services § 2-106

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

Md. Code, Correctional Services § 2-107

The Secretary may designate employees of the Department to serve a criminal summons, warrant, or charging document as provided in § 6-309 of the Courts Article.

Md. Code, Correctional Services § 2-108

(a) The appointment or removal of personnel by a unit or appointing officer in the Department is subject to the approval of the Secretary. (b) The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.

Md. Code, Correctional Services § 2-109

(a) (1) In this section the following words have the meanings indicated. (2) “Reserve component” has the meaning stated in § 9–901 of the State Government Article. (3) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (4) “Veteran” has the meaning stated in § 9–901 of the State Government Article. (b) The Secretary shall adopt regulations for the office of the Secretary. (c) (1) The Secretary shall review regulations proposed by a unit in the Department. (2) The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department. (d) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall adopt regulations to govern the policies and management of correctional facilities in the Department in accordance with Title 10, Subtitle 1 of the State Government Article. (2) Paragraph (1) of this subsection does not apply to a guideline pertaining to the routine internal management of correctional facilities in the Division of Correction. (3) (i) Subject to subparagraph (ii) of this paragraph, the Secretary shall adopt regulations that provide for a requirement that: 1. a correctional officer hired on or after October 1, 2007, for employment in any unit of the Division of Correction shall be at least 21 years old; and 2. a correctional officer hired on or after October 1, 2008, for employment in any unit of the Division of Pretrial Detention and Services or the Patuxent Institution shall be at least 21 years old. (ii) The regulations adopted under subparagraph (i) of this paragraph shall exempt any honorably discharged veteran or honorably discharged reserve component member of the uniformed services from the minimum age requirement.

Md. Code, Correctional Services § 2-111

(a) The Secretary is responsible for planning activities of the Department. (b) The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.

Md. Code, Correctional Services § 2-112

(a) The Secretary may authorize an evaluation or study of the operation and effectiveness of any unit in the Department. (b) (1) The Secretary may make the records of any incarcerated individual or unit available to a person who is authorized to conduct an evaluation or study under subsection (a) of this section. (2) A person who obtains a record as provided under this subsection may not transmit by any means the record or any information contained in the record to a person other than the Secretary. (c) Except as provided in subsection (d) of this section, the evaluation or study shall be: (1) reported to the Secretary; and (2) released to the public by the Secretary. (d) The evaluation or study may not contain the name of an incarcerated individual unless the incarcerated individual and the Secretary consent.

Md. Code, Correctional Services § 2-113

(a) Except as provided in subsection (b) of this section, the Secretary, or the Deputy Secretary with the approval of the Secretary, may exercise any power, duty, responsibility, or function of any unit, unit head, or appointing officer in the Department. (b) The Secretary or the Deputy Secretary may not exercise a power, duty, responsibility, or function that is set forth in: (1) §§ 7–204(b)(2), 7–205(a), and 7–401 of this article; or (2) Title 10, Subtitle 3 of this article.

Md. Code, Correctional Services § 2-113.1

§2–113.1. (a) The Secretary may subpoena, administer an oath to, and examine under oath any person if the Secretary considers it necessary for the effective administration of the Secretary’s duties. (b) A person who fails to appear before the Secretary or refuses to testify when subpoenaed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. (c) A person who makes a false statement under oath before the Secretary is guilty of perjury and on conviction is subject to the penalty provided under § 9–101 of the Criminal Law Article.

Md. Code, Correctional Services § 2-114

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

Md. Code, Correctional Services § 2-115

In addition to any advisory boards established by law, the Secretary, with the approval of the Governor, may create advisory units or use as an advisory unit any existing commission established by executive order.

Md. Code, Correctional Services § 2-116

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

Md. Code, Correctional Services § 2-117

With the approval of the Secretary, the care, control, or supervision of an individual in a State correctional facility, on parole, or on mandatory supervision may be assigned to any employee of the Department who has proper certification from the Maryland Correctional Training Commission.

Md. Code, Correctional Services § 2-118

(a) This section applies to incarcerated individuals in a State correctional facility. (b) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall assess a reasonable fee not to exceed $4 for each visit by an incarcerated individual to a medical unit, physician, dentist, or optometrist for health care services. (2) The Secretary may not assess a fee for health care services that are: (i) required as a part of the intake process; (ii) required for an initial physical examination; (iii) due to a referral by a nurse or physician’s assistant; (iv) provided during a follow–up visit that is initiated by a medical professional from the correctional facility; (v) required for necessary treatment; or (vi) initiated by a medical or mental health staff member of the correctional facility. (c) The Secretary shall adopt regulations to implement and collect the fees required by this section.

Md. Code, Correctional Services § 2-201

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

Md. Code, Correctional Services § 2-401

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

Md. Code, Correctional Services § 2-403

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

Md. Code, Correctional Services § 2-404

At the request of the Secretary of Public Safety and Correctional Services, the Secretary of Juvenile Services, or the head of any correctional unit, a staff person of a correctional unit who has been trained and certified by the Correctional Training Commission in the care, custody, and control of individuals may function at the location in need under a mutual aid agreement.

Md. Code, Correctional Services § 2-405

For the purpose of a workers’ compensation law or benefit or other law or benefit that would apply or accrue to an individual who is performing a service anywhere for a correctional unit under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.

Md. Code, Correctional Services § 2-501

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

Md. Code, Correctional Services § 2-601

The Department shall: (1) provide each individual who is released from a correctional facility with a voter registration application and documentation with the individual’s discharge papers that informs the individual that the individual’s voting rights have been restored; (2) display a sign in each parole and probation office, in a conspicuous location where notices to the public are customarily posted, indicating that any individual who is no longer incarcerated has the right to vote; and (3) post a notice, in a conspicuous location on the Department’s website, indicating that any individual who is no longer incarcerated has the right to vote.

Md. Code, Correctional Services § 2-701

(a) The Department shall assist incarcerated individuals in accessing federal Pell Grants for higher education. (b) In order to assist incarcerated individuals in accessing federal Pell Grants, the Department shall consult with institutions of higher education, including: (1) all University System of Maryland institutions; (2) Morgan State University; (3) Anne Arundel Community College; (4) Hagerstown Community College; (5) Wor–Wic Community College; and (6) Goucher College.

Md. Code, Correctional Services § 2-702

(a) This section applies only with respect to postsecondary education programs in a correctional institution in the Division of Correction in the Department. (b) The Department shall: (1) set goals for the number of incarcerated individuals in postsecondary education programs; (2) establish a tracking system for the number of incarcerated individuals in postsecondary education programs; (3) establish a tracking system for the progress of incarcerated individuals in postsecondary education programs, including the number of college credits that each incarcerated individual earns in an approved college program; and (4) forward, at an agreed–on interval, the tracking data for the number of college credits that each incarcerated individual earns in an approved college program to the Maryland Higher Education Commission. (c) The Maryland Higher Education Commission shall assist the Department in creating the tracking systems under subsection (b) of this section. (d) For each fiscal year, the Governor shall include in the annual budget bill an appropriation in an amount sufficient for the Department to use for marketing for postsecondary education programs to incarcerated individuals and for the tracking systems for postsecondary education programs. (e) The Department shall 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