Title 11. Local Correctional Facilities — Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
Statutes in effect as of October 1, 2026.
Md. Code Ann., Corr. Servs. § 11-201 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–201LinkCopy Citation
(a)
(1)
The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.
(2)
(i)
The sheriff shall receive and keep safely in a local correctional facility each individual committed to the custody of the sheriff under authority of the United States until the individual is discharged by due course of law.
(ii)
An individual committed to the custody of the sheriff under the authority of the United States shall be kept in the same manner and be subject to the same penalties as an individual committed to the custody of the sheriff under the authority of the State.
(iii)
For keeping and supporting an individual committed to the custody of the sheriff under the authority of the United States, a sheriff is entitled to receive 30 cents per day to be paid by the United States.
(b)
(1)
In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.
(2)
A managing official is responsible for the safekeeping, care, and feeding of incarcerated individuals in the custody of a local correctional facility, including an incarcerated individual who is working on the public highways or going to and from that work, until the incarcerated individual is discharged, released, or withdrawn from the local correctional facility by due course of law.
(3)
Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of incarcerated individuals.
(c)
(1)
The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by certified law enforcement officers other than the Sheriff.
(2)
The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by corrections officers or law enforcement officers other than the Sheriff.
(d)
The County Council of Baltimore County, by resolution or law, may require that the Sheriff of Baltimore County operate and administer the Baltimore County Jail.
(e)
The County Commissioners of Queen Anne’s County, by resolution or law, may authorize the Warden of the County Detention Center to continue the management of the County Detention Center.
Md. Code Ann., Corr. Servs. § 11-202 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–202LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, when an individual is convicted in any court of the State and sentenced to imprisonment in the Division of Correction, the sheriff of the county in which the court is located shall:
(1)
remove the individual from the court as soon as possible; and
(2)
deliver the individual to the Division of Correction at the expense of the county.
(b)
The County Council of Anne Arundel County, by resolution or law, may provide that a certified law enforcement officer other than the Sheriff shall remove an individual from court after conviction.
(c)
A sheriff who does not comply with subsection (a) of this section shall forfeit $1,000.
Md. Code Ann., Corr. Servs. § 11-203 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–203LinkCopy Citation
(a)
(1)
The managing official of a local correctional facility shall provide to an incarcerated individual in the custody of the managing official:
(i)
food and board; and
(ii)
any article of comfort that is considered necessary for a sick incarcerated individual by the physician attending the incarcerated individual.
(2)
Except as provided in §§ 11–204 and 11–205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to incarcerated individuals under paragraph (1) of this subsection.
(b)
An incarcerated individual in a local correctional facility who is sick, injured, or disabled shall:
(1)
reimburse the county, as appropriate, for the payment of medical expenses; and
(2)
provide the managing official with any information relating to:
(i)
the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;
(ii)
the incarcerated individual’s eligibility for benefits under the Maryland Medical Assistance Program;
(iii)
the name and address of any third party payor; and
(iv)
any policy or other identifying number relating to items (i) through (iii) of this item.
(c)
(1)
In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual in a local correctional facility to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
(2)
The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the managing official on behalf of the incarcerated individual.
(3)
The fees collected under this subsection shall be deposited in the general fund of the county.
(4)
This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:
(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 local correctional facility;
(v)
initiated by a medical or mental health staff member of the local correctional facility; or
(vi)
required for necessary treatment.
(d)
Subsections (b) and (c) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (b) of this section.
Md. Code Ann., Corr. Servs. § 11-204 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–204LinkCopy Citation
A county or managing official is not responsible for payment for services or treatment rendered to an incarcerated individual as a result of admission to a State facility for individuals who have mental disorders as defined in § 10–101(i) of the Health – General Article.
Md. Code Ann., Corr. Servs. § 11-205 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–205LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Health care provider” has the meaning stated in § 19–132 of the Health – General Article.
(ii)
“Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.
(3)
“Health care service” has the meaning stated in § 19–132 of the Health – General Article.
(4)
“Medicaid rate” means:
(i)
the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or
(ii)
if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).
(b)
Liability for payment to a health care provider for any health care service provided to an incarcerated individual committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:
(1)
the actual amount billed by the health care provider for the health care service; or
(2)
the Medicaid rate for the health care service.
(c)
(1)
A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.
(2)
The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.
Md. Code Ann., Corr. Servs. § 11-206 (2026)
Title 11. Local Correctional Facilities
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals
§ 11–206LinkCopy Citation
(a)
If a representation is made to the managing official of a local correctional facility that an incarcerated individual in the custody of the managing official is pregnant, the managing official may:
(1)
before the anticipated birth, have the incarcerated individual transferred from the local correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and
(2)
return the incarcerated individual to the local correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.
(b)
The use of physical restraints on an incarcerated individual during a transfer made under this section shall be in accordance with § 9–601 of this article.