There is a Division of Correction in the Department.

With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction. The Commissioner shall be an individual with maturity and judgment who has: broad knowledge of correctional facilities and systems; and knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of incarcerated individuals. The Commissioner serves at the pleasure of the Secretary. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Commissioner is entitled to the compensation provided in the State budget.

Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units. The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.

The Commissioner may adopt regulations for the operation and maintenance of the units in the Division. The regulations shall provide for: the discipline and conduct of incarcerated individuals, including the character of punishments for violations of discipline; and the duties, discipline, and conduct of officers and other employees of the units in the Division. The regulations may allow incarcerated individuals of minimum security institutions to provide services voluntarily to: governmental units; or charitable organizations as defined in § 6–101 of the Business Regulation Article.

On or before July 30 of each year, the Commissioner shall submit to the Secretary an accurate, detailed statement of all receipts and disbursements of the Division during the year that ended on the preceding June 30. The Commissioner shall verify the statement submitted under subsection (a) of this section. The Secretary shall submit the statement received under subsection (a) of this section to the Comptroller.

On or before October 31 of each year, the Commissioner shall submit an annual report to the Secretary and the Governor that states, for each correctional facility in the Division: its expenses, receipts, disbursements, condition, and progress; the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of conviction, crime, and term of confinement; the number of incarcerated individuals who escape, are pardoned, or discharged; the job classifications for incarcerated individual labor in each department and facility under the authority of the Division; the daily wage scale at each prison for each job classification under the authority of the Division; the total number of incarcerated individuals currently employed at facilities under the authority of the Division, disaggregated by facility; the annual cost of living for incarcerated individuals, including the average cost of: telephone calls, including calls to medical providers; video calls; and items available for purchase at a commissary, including: feminine hygiene products; toiletries; and medications; and any remarks and suggestions the Commissioner considers necessary to advance the interests of the correctional facility. The Commissioner shall submit with the report required by subsection (a) of this section a statement similar to the statement that is required to be submitted under § 3–206 of this subtitle. The Commissioner shall verify the report and statement required by this section. Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report and statement required under this section and any recommendations that the Governor considers expedient.

On or before October 31, 2017, and on or before October 31 in every odd–numbered year thereafter, the Commissioner shall submit a security and staffing report covering the prior 2–year period to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly. The report shall be based on a joint survey conducted by the administration of the Division of Correction and the exclusive collective bargaining representative of the employees. The report shall include: a post–by–post analysis that identifies the actual number of positions needed to safely and securely staff each institution; the amount of overtime currently being used to meet minimum standards; an accounting of all institution activities that have been impacted by staffing levels; an assessment of expected future turnover in personnel; and an analysis of the need for additional staff.

The Commissioner shall appoint a Deputy Commissioner. The Deputy Commissioner is in the executive service of the State Personnel Management System and serves at the pleasure of the Commissioner. The Deputy Commissioner shall have executive experience in and adequate knowledge of: correctional facilities and systems; and incarcerated individual programs.

Subject to the policies established by the Commissioner, the Deputy Commissioner is generally in charge of administrative procedures in the Division. In the absence of the Commissioner, the Deputy Commissioner shall be acting Commissioner.

The Commissioner shall appoint a warden or administrator for each correctional facility in the Division. A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems. A warden or administrator serves at the pleasure of the Commissioner.

Subject to policies established by the Commissioner, each warden or administrator is in direct charge of the correctional facility to which the warden or administrator is appointed. The warden or administrator shall: supervise the government, discipline, and policy of the correctional facility; direct the administering of punishment prescribed by the Commissioner under § 3-205(b)(1) of this subtitle; and enforce the regulations and directives of the Division.

On or before September 30 of each year, each warden shall submit to the Commissioner a report and statement on the affairs of the correctional facility to which the warden is appointed. The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility. The statement shall include the information required under § 3-207(b) of this subtitle as it relates to the correctional facility. The report and statement required by this section shall be verified by the warden of the correctional facility that is the subject of the report.

The Commissioner may appoint one or more assistant wardens for a correctional facility. An assistant warden shall have the same qualifications as a warden. An assistant warden serves at the pleasure of the Commissioner. An assistant warden shall perform the duties of the warden in the absence of the warden.

The warden of a correctional facility or designee of the warden may issue a retake warrant for the apprehension and return of an escapee. The warden shall submit a copy of each retake warrant to the State’s Attorney for the county in which the correctional facility from which the escape was made is located. A sheriff or a police officer who is authorized to serve criminal process and who receives a retake warrant issued under subsection (a) of this section shall execute the warrant in accordance with the directions in the warrant. A sheriff or police officer who makes an arrest under this subsection shall promptly notify the Division of the arrest.

In accordance with the State budget, the Division may appoint officers and other employees as necessary to operate the Division and its units efficiently and effectively. Except as otherwise provided in this subtitle, all officers and other employees of the Division shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article. The following positions are in the executive service, the management service, or are special appointments of the skilled service or the professional service in the State Personnel Management System: Commissioner; Deputy Commissioner; Assistant Commissioner; industries general manager; warden; facility administrator; and assistant warden. The warden of a correctional facility is the appointing officer for the officers and other employees of that facility. The Commissioner is the appointing officer for the other officers and employees in the Division. The Division may provide a dwelling for a warden. A warden may not receive any compensation or perquisite other than: the compensation and reimbursement provided under subsection (e) of this section; and if provided under subsection (c) of this section, a dwelling. Officers and other employees are entitled to: compensation as provided in the State budget; and reimbursement for expenses in accordance with the Standard State Travel Regulations. Officers and other employees working 40 hours or more per week in a correctional facility are entitled to one free meal per shift as provided in the State budget. The Secretary shall require an individual to pass a polygraph examination before being appointed to serve as a correctional officer in a correctional facility. The Secretary shall adopt regulations governing the administration of the polygraph examination required under paragraph (1) of this subsection.

The Commissioner shall designate correctional officers employed in each correctional facility in the Division who have the power to make arrests under § 2–207 of the Criminal Procedure Article. A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall: meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.

The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes or an insurance policy of the type and in the amount of coverage determined by the Governor in consultation with the State Treasurer. The Commissioner may require any officer or other employee of the Division to execute a surety bond in the amount that the Commissioner, with the approval of the State Treasurer, establishes. The bond shall be conditioned on the individual faithfully performing the duties of office and accounting for all funds officially received. A surety bond for the Commissioner shall be issued by a corporate surety approved by the Governor. Any surety bond for an officer or other employee of the Division shall be issued by a corporate surety approved by the Commissioner and the State Treasurer. The premium for a surety bond or an insurance policy issued under this section shall be paid by the Division. An individual who fails to provide or maintain a surety bond or an insurance policy as required by this section: may not assume the duties of the individual’s position; and after 30 days, forfeits the individual’s office or employment.

An officer or other employee of the Division may not: accept a reward or gift, or a promise of a reward or gift, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual; receive a devise or bequest, or a promise of a devise or bequest, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual; or enter into a contract with an incarcerated individual in a correctional facility in the Division or with a person on behalf of an incarcerated individual. A gift, reward, bequest, devise, promise, or contract accepted, received, or entered into in violation of this section is void. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

The Division may acquire property by contract, purchase, or other means as required for the Division’s use and for the use of its units. The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units. The Division holds title to and has possession of all property previously acquired by the former Department of Correction or any unit of that Department. The Division holds title to and has possession of property as a trustee of the State. The Division’s custody, use, acquisition, and conveyance of property are subject generally to the powers and functions of the Board of Public Works.

The Division controls the financial affairs of each unit in the Division. A bill or account against a unit may not be paid unless it is approved by the Division.

The Division may apply for and receive funds or property in the form of a grant or loan from the federal government or a unit of the federal government to establish or maintain correctional facilities in the Division on the terms that the Division approves. The Division may not apply for a grant or loan under this section if there is a requirement to apply any of the funds or property in contravention of any provision of State law relating to correctional facilities in the Division. The Division may not accept a loan under this section unless the Division has obtained any approval required by law. The repayment of a loan with interest, if any, shall be made from funds appropriated to the Division in the State budget.

The expenses relating to guarding, lodging, feeding, clothing, and caring for an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction may not be assessed against, billed to, or paid by a county.