# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 13. Detention Centers and Rehabilitation Facilities.

### Article I. In General.

**Sec. 13-1. Powers and duties generally of director of department of correction and rehabilitation.**

  (a)   The director of the department of correction and rehabilitation, thereafter in this chapter referred to as the director, shall recommend to the county executive who may adopt under method (2) of section 2A-15 of this Code, all regulations of the county which pertain to the administration and operation of the department of correction and rehabilitation, not inconsistent with law, necessary to exercise the responsibilities and duties of the position.

  (b)   The director or designee may in cases of emergency (fire, flood or other disaster) order the evacuation of inmates from the detention center even when such evacuation may increase the opportunity to escape; provided, that such evacuation is initiated to prevent death or serious injury to inmates.

  (c)    The director is empowered to authorize the staff at the detention center to use deadly force in accordance with the departmental standard operating procedures.

  (d)   The director shall be responsible for the safekeeping, care and custody of all inmates from the time they are lawfully committed to the department of correction and rehabilitation until they are lawfully discharged, released or withdrawn therefrom.

  (e)   The director or designee shall have the authority to transfer custody of inmates to authorized personnel for transportation to courts, hospitals, physicians for medical consultations, dentists for dental care, police stations and other locations necessary for appointments for the health, safety and protection of the inmate and community.

  (f)   The director or designee shall have the authority to designate staff members to escort selected inmates outside the detention center for employment interviews, and for participation in departmental presentations to community groups on incarceration and crime.

  (g)   The director or designee shall have the authority to place an inmate sentenced to the department on compassionate leave expressly for the purpose of visiting a member of his/her immediate family who is seriously ill or for attending the funeral of a member of his/her immediate family for a period not to exceed seventy-two (72) hours.

**Sec. 13-2. Inmates-Work-Generally.**

  (a)   In any sentence of confinement to the department of correction and rehabilitation, by the circuit or district court having criminal jurisdiction, any inmate, unless excused by the court, shall be subject to perform work during the period of imprisonment; (1) in the county detention and correctional facilities or (2) in the community in the event of disasters or emergencies or (3) on the public roads or other property of the county as may be required by the county department administrators.

  (b)   The work to be performed by such inmate during a disaster or emergency may include every service necessary for the purpose of draining, grading, paving, repairing or maintaining such public streets or other public property or protecting life and property.

**Sec. 13-3. Housekeeping duties.**

  Inmates may be directed to perform housekeeping duties inside the quarters of the correctional facilities.

**Sec. 13-4. Supervision.**

  (a)   The work provided for in section 13-2 shall be assigned at the discretion of the director.

  (b)   The work in the community during a disaster or emergency or in the public roads or other property of the county shall be performed under the direction of the chief administrative officer (CAO). The CAO may authorize appropriate county or state officials to supervise the work of inmates. The director, upon the request of the chief administrative officer or designee, is hereby authorized to release such inmate to the designated official. The inmate will be paid at the rate specified in section 13-7 for work performed.

**Sec. 13-5. Custody; safekeeping; refusal to perform work.**

  The official supervising the inmate shall have the authority to compel such work as set out in this chapter and shall be responsible for the safekeeping and return to the detention center of such inmate to the custody of the director or designee at the end of each day's work. The day's work shall be within the discretion of the official so supervising at the time, but shall not exceed eight (8) hours. Any sentenced inmate who refuses to perform the work required shall be subject to disciplinary action or the loss of accrued good conduct time. No inmate shall be compelled to perform such work whose health is not in a condition to allow the same. The certificate of the physician from the department of correction and rehabilitation or other physician shall be sufficient to excuse such labor.

**Sec. 13-6. Aiding or permitting escape.**

  If any officer or other person supervising any inmate connives or, by willful neglect, permits the escape of any inmate, he or she shall be charged with a misdemeanor and, upon indictment and conviction of such offense, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county detention center for not less than thirty (30) days nor more than six (6) months, and be subject to the same penalty of work, or both, in the discretion of the court.

**Sec. 13-7. Payment for work and program participation.**

  The director of finance is authorized to pay each inmate who is assigned to work at an essential job or to participate in a program specified by the director at the rate of one dollar ($1.00) per day, or such higher rate as may be established in executive regulations adopted by the county executive under method (3) of section 2A-15 of this Code, for the actual days worked or for the actual days of successful participation in a program. The director or designee will maintain a list of essential inmate work positions and will specify the programs for which inmates will be paid. Such payment shall not be made for required housekeeping duties performed within an inmate's quarters or confinement area.

**Sec. 13-8. Diminution of sentence.**

  An inmate sentenced or held in a pre-trial or pre-sentence status is entitled to a diminution of the period of confinement as specified by Section 3-101 of the Correrctional Services Article of the Maryland Code.

**Sec. 13-9. Medical care.**

  Each inmate shall be given a medical examination and shall be provided access to daily medical or sick call facilities. The medical examination shall be administered to the inmate by a medical doctor or a nurse practitioner and/or a licensed physician's assistant under the direction of a medical doctor within fourteen (14) days after admission and shall include, as determined to be necessary by the physician, but not be limited to the following areas: Heart and lungs; abdominal palpation; description of obvious wounds; complete blood count; X-ray, chest, skull and others as indicated; tuberculin skin test; urinalysis, including examination for drug use; vision and hearing and any other necessary tests as may be determined by the doctor. In addition to the foregoing, a medical history shall also be taken from the inmate which may include information relating to family, education and employment, which in the discretion of the examining physician shall be determined necessary.

**Sec. 13-10. Destruction of property of correctional facilities or property of another.**

  (a)   Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of another or of the county in the county correctional centers or on the grounds of such centers, shall be charged with a misdemeanor and, upon conviction thereof, shall be subject to making restitution for such property, to imprisonment for a period of not more than six (6) months, or to a fine of not more than one thousand dollars ($1,000.00), or to restitution, fine and imprisonment, at the discretion of the court.

  (b)   Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of the county shall be charged with an institutional offense and, upon being found guilty through adjustment procedures established by the director, shall be responsible for reimbursement at a pro-rated cost for destroyed, injured, defaced or molested real or personal property of the county.

**Sec. 13-10A. Collection of fees from weekend prisoners.**

  (a)   The County Executive may adopt a regulation under method (1) to establish standard procedures for the collection from a weekend prisoner of a reasonable fee in an amount that does not exceed the average cost of providing food, lodging, and clothing for an

inmate. The regulation may provide that the amount of the fee may be revised by regulation under method (3).

  (b)   A weekend prisoner means an inmate sentenced to confinement to the Department of Correction and Rehabilitation for 48 hours or less per week.

  (c)   As provided in state law, the regulation must set a maximum fee and a sliding scale of lower fees based on the income available to the prisoner.

  (d)   The regulation must include:

    (1)   the cost elements to be used in calculating the amount of the maximum fee;

    (2)   the process and timing for revising the amount of the fee;

    (3)   the factors to be considered in allowing fee reductions because of inability to pay the maximum fee; and

    (4)   the procedure to collect the fee from each weekend prisoner.