<?xml version='1.0' encoding='utf-8'?>
<section article="gcs" article_name="Correctional Services" number="10-701" title_number="10" title_name="State Correctional Facilities" subtitle_number="7" subtitle_name="Intelligence and Investigative Division">
  <level label="a">
    <level label="1">
      <text>There is an Intelligence and Investigative Division in the Department.</text>
    </level>
    <level label="2">
      <text>The Secretary shall appoint the Director of the Intelligence and Investigative Division.</text>
    </level>
    <level label="3">
      <text>Subject to the authority of the Secretary, the Intelligence and Investigative Division shall:</text>
      <level label="i">
        <text>investigate:</text>
        <level label="1">
          <text>alleged criminal violations committed by employees of the Department while on duty;</text>
        </level>
        <level label="2">
          <text>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</text>
        </level>
        <level label="3">
          <text>alleged professional misconduct by employees of the Department;</text>
        </level>
      </level>
      <level label="ii">
        <text>adopt regulations for the conduct of its investigations; and</text>
      </level>
      <level label="iii">
        <text>oversee and coordinate all intelligence efforts within the Department.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>engaged in fresh pursuit of a suspected offender;</text>
      </level>
      <level label="ii">
        <text>requested or authorized to do so by the chief executive officer or chief police officer of a county;</text>
      </level>
      <level label="iii">
        <text>necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Department;</text>
      </level>
      <level label="iv">
        <text>necessary to investigate and protect property that is owned, leased, operated by, or under the control of the Department;</text>
      </level>
      <level label="v">
        <text>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;</text>
      </level>
      <level label="vi">
        <text>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</text>
      </level>
      <level label="vii">
        <text>ordered to do so by the Governor.</text>
      </level>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>when in an incorporated municipality, the chief of police, if any, or the chief’s designee;</text>
      </level>
      <level label="ii">
        <text>when in a county that has a county police department, the chief of police or the chief’s designee;</text>
      </level>
      <level label="iii">
        <text>when in a county without a police department, the sheriff or the sheriff’s designee;</text>
      </level>
      <level label="iv">
        <text>when in Baltimore City, the Police Commissioner or the Police Commissioner’s designee;</text>
      </level>
      <level label="v">
        <text>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;</text>
      </level>
      <level label="vi">
        <text>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</text>
      </level>
      <level label="vii">
        <text>unless there is an agreement otherwise with the Department of State Police, the Department of State Police barrack commander or designee.</text>
      </level>
    </level>
    <level label="3">
      <text>The notification required under paragraph (2) of this subsection shall be made:</text>
      <level label="i">
        <text>in advance, if practicable; or</text>
      </level>
      <level label="ii">
        <text>if advance notification is not practicable, as soon as possible after the exercise of the powers.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
