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<section article="gcs" article_name="Correctional Services" number="10-913" title_number="10" title_name="State Correctional Facilities" subtitle_number="9" subtitle_name="State Correctional Officers' Bill of Rights">
  <level label="a">
    <text>This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>a determination by a court with respect to a criminal violation; or</text>
      </level>
      <level label="ii">
        <text>a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation.</text>
      </level>
    </level>
    <level label="3">
      <text>A correctional officer who is suspended under this subsection is entitled to a prompt hearing.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The appointing authority may impose an emergency suspension of correctional powers without pay if:</text>
      <level label="i">
        <text>a correctional officer is charged with a felony;</text>
      </level>
      <level label="ii">
        <text>a correctional officer is charged with a violation of § 9–415, § 9–416, or § 9–417 of the Criminal Law Article; or</text>
      </level>
      <level label="iii">
        <text>a correctional officer is charged with a violation of § 9–412 of the Criminal Law Article involving contraband that is:</text>
        <level label="1">
          <text>money or a money equivalent; or</text>
        </level>
        <level label="2">
          <text>an item or substance intended to cause physical injury.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>the suspension rescinded; and</text>
      </level>
      <level label="ii">
        <text>any lost time, compensation, status, and benefits restored.</text>
      </level>
    </level>
    <level label="4">
      <text>Paragraph (3) of this subsection does not apply to a correctional officer who:</text>
      <level label="i">
        <text>resigns before the disposition of the criminal matter for which the suspension was imposed; or</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
</section>
