# Correctional Services (GCS)

## Title 2. Department of Public Safety and Correctional Services

### Subtitle 4. Correctional Mutual Aid Agreements

#### Section 2-401

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Correctional unit" means a unit of Maryland State or local government that is directly responsible for the care, custody, and control of individuals committed to the custody of the unit for the commission or alleged commission of a crime or an act that would be a crime if committed by an adult.

  (2) "Correctional unit" includes:

    (i) the Department of Public Safety and Correctional Services;

    (ii) the Department of Juvenile Services; and

    (iii) the office of the sheriff of a county or other unit of government with responsibility for operating a local correctional facility or county detention center.

(c) "Mutual aid agreement" means a written agreement to establish and carry out a plan to assist in providing temporary services to alleviate an emergency situation at a facility operated by a correctional unit.

#### Section 2-402

This subtitle shall be liberally construed in order to effect its purpose to provide mutual aid to a correctional unit during a time of need.

#### Section 2-403

(a) A correctional unit may enter into or renew a mutual aid agreement with any other correctional unit in accordance with this section.

(b)

  (1) Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage, personal injury, or wrongful death that arises out of the mutual aid activities, including travel, of the party that provides assistance outside of the party's own jurisdiction.

  (2) The party that requests assistance need not indemnify the party that provides assistance if:

    (i) the party that provides assistance does not cooperate in defending against a claim made by a third party; or

    (ii) the claim by a third party arises out of a malicious act of the party that provides assistance.

(c) Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party that occur outside its own jurisdiction under the mutual aid agreement.

#### Section 2-404

At the request of the Secretary of Public Safety and Correctional Services, the Secretary of Juvenile Services, or the head of any correctional unit, a staff person of a correctional unit who has been trained and certified by the Correctional Training Commission in the care, custody, and control of individuals may function at the location in need under a mutual aid agreement.

#### Section 2-405

For the purpose of a workers' compensation law or benefit or other law or benefit that would apply or accrue to an individual who is performing a service anywhere for a correctional unit under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.

#### Section 2-406

Necessary expenditures for the purposes of this subtitle shall be made out of any State or local appropriations usually available to a correctional unit.

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Md. Code Ann., Corr. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)