There is a Department of Public Safety and Correctional Services established as a principal department of the State government.

With the advice and consent of the Senate, the Governor shall appoint the Secretary of Public Safety and Correctional Services. The Secretary is the head of the Department. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. 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. The Secretary is entitled to the compensation provided in the State budget.

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. 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.

The Secretary shall have a seal.

With the approval of the Governor, the Secretary shall appoint two Deputy Secretaries. The Deputy Secretaries: serve at the pleasure of the Secretary; and are entitled to the compensation provided in the State budget. The Deputy Secretaries: shall assist the Secretary in administering the Department; and have the other duties provided by law or delegated by the Secretary. The Secretary shall designate a Deputy Secretary to be the acting Secretary when the Secretary is absent from the State or otherwise unavailable. 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.

In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary. The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary. 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. An employee specified in subparagraph (i) of this paragraph: is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and serves at the pleasure of the Secretary. 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.

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.

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

In this section the following words have the meanings indicated. “Reserve component” has the meaning stated in § 9–901 of the State Government Article. “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. “Veteran” has the meaning stated in § 9–901 of the State Government Article. The Secretary shall adopt regulations for the office of the Secretary. The Secretary shall review regulations proposed by a unit in the Department. The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department. 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. 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. Subject to subparagraph (ii) of this paragraph, the Secretary shall adopt regulations that provide for a requirement that: 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 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. 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.

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.

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

The Secretary may authorize an evaluation or study of the operation and effectiveness of any unit in the Department. 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. 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. Except as provided in subsection (d) of this section, the evaluation or study shall be: reported to the Secretary; and released to the public by the Secretary. The evaluation or study may not contain the name of an incarcerated individual unless the incarcerated individual and the Secretary consent.

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. The Secretary or the Deputy Secretary may not exercise a power, duty, responsibility, or function that is set forth in: §§ 7–204(b)(2), 7–205(a), and 7–401 of this article; or Title 10, Subtitle 3 of this article.

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. 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. 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.

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. 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. 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. 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. 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.

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.

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. The Attorney General is the legal adviser to the Department. 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. 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. 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. The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.

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.

This section applies to incarcerated individuals in a State correctional facility. 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. The Secretary may not assess a fee for health care services that are: required as a part of the intake process; required for an initial physical examination; due to a referral by a nurse or physician’s assistant; provided during a follow–up visit that is initiated by a medical professional from the correctional facility; required for necessary treatment; or initiated by a medical or mental health staff member of the correctional facility. The Secretary shall adopt regulations to implement and collect the fees required by this section.