Correctional Services (GCS) — Title 8. State and Local Correctional System -- Generally

In this subtitle the following words have the meanings indicated.

“Approved standards” means the standards described in § 8-103(b) of this subtitle.

“Commission” means the Maryland Commission on Correctional Standards.

“Minimum mandatory standards” means the standards described in § 8-103(a) of this subtitle.

The standards adopted under this section shall be consistent with federal and State law.

The Commission consists of the following 12 members:

A majority of the authorized membership of the Commission is a quorum.

The Commission shall meet at the times determined by the Commission or its chairperson.

A member of the Commission:

The Commission shall report annually to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly on the activities of the Commission.

The Commission shall provide the Secretary and the governing body of each county and municipal corporation that has a correctional facility with a copy of its annual report.

The Executive Director serves at the pleasure of the Commission.

The Executive Director shall perform administrative functions as the Commission directs.

The Executive Director is entitled to compensation as provided in the State budget.

The Commission shall adopt regulations to carry out this subtitle.

The Commission shall employ a staff necessary to carry out this subtitle as provided in the State budget.

The Commission shall:

The Commission may review and act on appeals from staff inspection reports.

If the Commission or an authorized inspector finds a condition in a correctional facility that is life threatening or health endangering, the Commission or inspector may order the immediate cessation of operation.

Within 96 hours after an order is issued under subsection (a) of this section, the Commission shall hold a review hearing to confirm or countermand the order.

The chairperson of the Commission shall appoint the members of an advisory board with the approval of the Commission.

The chairperson of an advisory board shall be a Commission member.

In this subtitle the following words have the meanings indicated.

“Approved correctional training school” means a school authorized by the Commission to offer training programs as provided under this subtitle.

“Commission” means the Correctional Training Commission.

“Correctional administrator” means a correctional officer who has been promoted from a supervisory rank to first–line administrative duties.

“Correctional supervisor” means a correctional officer who has been promoted to first–line supervisory duties.

“Permanent appointment” means an appointment that has permanent status.

there is a need to improve the administration of the correctional system to better protect the health, safety, and welfare of the public;

the ultimate goal of the correctional system is to make the community safer by reducing the incidence of crime;

establishing a correctional system with significantly increased power to reduce recidivism and prevent recruitment into criminal careers will require a sufficient number of qualified staff to perform the many tasks to be done;

recent studies have revealed that greater training for correctional work is highly desirable;

the need for training can be substantially met by creating educational and training programs for individuals seeking careers as correctional officers;

while serving in a probationary capacity, a correctional officer should be required to receive efficient training provided at facilities that are approved by a commission that is authorized to approve training facilities;

by qualifying and becoming proficient in the field of corrections, correctional officers shall individually and collectively better insure the health, safety, and welfare of the public; and

Department of Juvenile Services employees should have specific and appropriate training for that population.

The Commission consists of the following members:

Except for the five members appointed by the Governor under subsection (c) of this section and the member appointed under subsection (b)(14) of this section, a member of the Commission may serve personally at a Commission meeting or designate a representative from the member’s unit or association who may act at any meeting to the same effect as if the member were personally present.

The Secretary of Public Safety and Correctional Services or the Secretary’s representative is the chairperson of the Commission.

The Commission shall elect annually a vice chairperson from among its members.

In accordance with the State budget, the Commission may set the compensation of:

The Secretary of Budget and Management, in consultation with the Commission, shall determine the positions for which the Commission may set compensation under subsection (c) of this section.

The Commission shall meet in the State at the times determined by:

A majority of the authorized membership of the Commission is a quorum.

A member of the Commission:

The Commission shall:

Subject to the authority of the Secretary, the Commission has the following powers and duties:

For any contract entered on or after July 1, 2000 between the Department of Juvenile Services and any nonprofit or for-profit entity, the cost and expenses for any course or training required under subsection (a)(14) of this section for Department of Juvenile Services employees of any nonprofit or for-profit entity under contract with the Department of Juvenile Services shall be paid for or reimbursed by the nonprofit or for-profit entity, and may not be a part of or reimbursed by funds from the contract with the Department of Juvenile Services.

An individual may not be given or accept a probationary or permanent appointment as a correctional officer, correctional supervisor, or correctional administrator unless the individual satisfactorily meets minimum qualifications established by the Commission.

A probationary appointment as a correctional officer, correctional supervisor, or correctional administrator may be made for no more than 1 year for the purpose of enabling the individual seeking permanent appointment to take a training course prescribed by the Commission.

A probationary appointee is entitled to a leave of absence with pay during the period of the training program.

The Commission shall establish the minimum qualifications for probationary or permanent appointment as a Department of Juvenile Services employee.

An applicant for certification under this section shall apply to the Central Repository for a State and national criminal history records check.

As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:

In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Commission and the applicant the criminal history record information.

Information obtained from the Central Repository under this section:

The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Commission a revised statement of the applicant’s or certified correctional officer’s State criminal history record.

The Commission may revoke the certification of a correctional officer or Department of Juvenile Services employee in conjunction with disciplinary action taken under Title 11 of the State Personnel and Pensions Article.

If the Office of Administrative Hearings rescinds or modifies a disciplinary action against a Department of Juvenile Services employee under Title 11 of the State Personnel and Pensions Article, the Office of Administrative Hearings may reinstate the employee’s certification with no further examination or condition.

On or before January 1, 2026, the Commission shall adopt regulations for the training, issuance, and use of a body–worn camera by a correctional officer that addresses:

Except as provided in subsection (c) of this section, each correctional unit shall develop and maintain a written policy consistent with the regulations adopted by the Commission under subsection (a) of this section for the use of body–worn cameras.

In this subtitle the following words have the meanings indicated.

“Agreement” means the Interstate Agreement on Detainers, which is set forth in §§ 8-402 through 8-411 of this subtitle.

“Appropriate court” means, with reference to the courts of this State, a circuit court of a county or the District Court.

“Correctional institution” means, with reference to the correctional institutions of this State, any State or local correctional facility.

As used in this Agreement the following words have the meanings indicated.

“Receiving state” means the state in which trial is to be had on an indictment, information, or complaint pursuant to § 8-405 or § 8-406 of this subtitle (Article III or IV of the Agreement).

“Sending state” means a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to § 8-405 of this subtitle (Article III of the Agreement) or at the time that a request for custody or availability is initiated pursuant to § 8-406 of this subtitle (Article IV of the Agreement).

“State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of the prisoner’s imprisonment and the prisoner’s request for a final disposition to be made of the indictment, information, or complaint; provided that for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

The written notice and request for final disposition required under subsection (a) of this section shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the prisoner’s right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

Any request for final disposition made by a prisoner under subsection (a) of this section shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent under this subsection shall be accompanied by copies of the prisoner’s written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, the indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Any request for final disposition made by a prisoner under subsection (a) of this section shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of subsection (d) of this section, and a waiver of extradition to the receiving state to serve any sentence there imposed on the prisoner, after completion of the prisoner’s term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner’s body in any court where the prisoner’s presence may be required in order to effectuate the purposes of this Agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this Agreement. Nothing in this subsection shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

Escape from custody by the prisoner subsequent to the prisoner’s execution of the request for final disposition described in subsection (a) of this section shall void the request.

The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have the prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with § 8-407(a) of this subtitle (Article V (a) of the Agreement) upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of the indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability either upon the governor’s own motion or upon motion of the prisoner.

Upon receipt of the officer’s written request as provided under subsection (a) of this section, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. The authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

In respect of any proceeding made possible by this section (Article IV of the Agreement), trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

Nothing contained in this section (Article IV of the Agreement) shall be construed to deprive any prisoner of any right that the prisoner may have to contest the legality of the prisoner’s delivery under subsection (a) of this section, but the delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered the delivery.

If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment under § 8-407(e) of this subtitle (Article V (e) of the Agreement), the indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the indictment, information, or complaint with prejudice.

In response to a request made under § 8-405 or § 8-406 of this subtitle (Article III or IV of the Agreement), the appropriate authority in a sending state shall offer to deliver temporary custody of the prisoner to the appropriate authority in the state where the indictment, information, or complaint is pending against the prisoner in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice required under § 8-405 of this subtitle (Article III of the Agreement). In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this Agreement or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

If the appropriate authority shall refuse or fail to accept temporary custody of the person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in § 8-405 or § 8-406 of this subtitle (Article III or IV of the Agreement), the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based on the indictment, information, or complaint shall cease to be of any force or effect.

The temporary custody referred to in this Agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints that form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for the prisoner’s attendance at court and while being transported to or from any place at which the prisoner’s presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

At the earliest practicable time consonant with the purposes of this Agreement, the prisoner shall be returned to the sending state.

During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this Agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction that imposed the sentence may allow.

For all purposes other than that for which temporary custody as provided in this Agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state. Any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

From the time that a party state receives custody of a prisoner under this Agreement until the prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this subsection shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

In determining the duration and expiration dates of the time periods provided in §§ 8-405 and 8-406 of this subtitle (Articles III and IV of the Agreement), the running of these time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

No provision of this Agreement, and no remedy made available by this Agreement, shall apply to any person who is adjudged to be mentally ill.

Outstanding charges against an incarcerated individual and detainers based on untried indictments, informations, warrants, or complaints produce uncertainties that:

The policy of the State and the purpose of this subtitle is to encourage the expeditious and orderly disposition of outstanding charges against an incarcerated individual and determination of the proper status of any detainers based on untried indictments, informations, warrants, or complaints.

This section applies whenever the Division of Correction, the Patuxent Institution, or any local correctional facility receives notice of an untried indictment, information, warrant, or complaint against an incarcerated individual who:

An incarcerated individual shall be brought to trial within 120 days after the incarcerated individual has delivered a written request for a final disposition of the indictment, information, warrant, or complaint to:

The request for final disposition required under subsection (b) of this section shall be accompanied by a statement from the managing official having immediate supervision over the incarcerated individual setting forth:

For good cause shown in open court, with the incarcerated individual or the incarcerated individual’s counsel present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

On receipt of notice of an untried indictment, information, warrant, or complaint against an incarcerated individual who is serving a sentence in a correctional facility in the Division of Correction or against an incarcerated individual who is confined at the Patuxent Institution, the Division of Correction shall promptly notify the managing official of the correctional facility in which the incarcerated individual is confined of the detainer lodged against the incarcerated individual and of the untried indictment, information, warrant, or complaint on which it is based.

Within 15 days after receiving notice of a detainer and the untried indictment, information, warrant, or complaint on which it is based, the managing official having immediate supervision over the incarcerated individual shall inform the incarcerated individual in writing:

If an incarcerated individual is not informed within 1 year of a detainer lodged against the incarcerated individual and of the incarcerated individual’s right to make a request for final disposition of the indictment, information, warrant, or complaint on which the detainer is based:

If the untried indictment, information, warrant, or complaint for which request for final disposition is made is not brought to trial within the time limitation established under § 8–502 of this subtitle:

As used in this Compact, unless the context clearly requires otherwise, the following words have the meanings indicated.

“Incarcerated individual” means a male or female offender who is committed to, under sentence to, or confined in a penal or correctional institution.

“Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which incarcerated individuals may lawfully be confined.

“Receiving state” means a state party to this Compact to which an incarcerated individual is sent for confinement other than a state in which conviction or court commitment was had.

“Sending state” means a state party to this Compact in which conviction or court commitment was had.

“State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Each party state may make one or more contracts with any one or more of the other party states for the confinement of incarcerated individuals on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

The terms and provisions of this Compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

Whenever the duly constituted authorities in a state party to this Compact, and which has entered into a contract pursuant to § 8–604 of this subtitle, shall decide that confinement in, or transfer of an incarcerated individual to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state.

The appropriate officials of any state party to this Compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine incarcerated individuals for the purpose of inspecting the facilities thereof and visiting such of its incarcerated individuals as may be confined in the institution.

Incarcerated individuals confined in an institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine incarcerated individuals, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state. The sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of § 8–604 of this subtitle.

Each receiving state shall provide regular reports to each sending state on the incarcerated individuals of that sending state in institutions pursuant to this Compact including a conduct record of each incarcerated individual and certify the record to the official designated by the sending state, in order that each incarcerated individual may have official review of the incarcerated individual’s record in determining and altering the disposition of the incarcerated individual in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

All incarcerated individuals who may be confined in an institution pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar incarcerated individuals of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any incarcerated individual so confined of any legal rights which the incarcerated individual would have had if confined in an appropriate institution of the sending state.

Any hearing or hearings to which an incarcerated individual confined pursuant to this Compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. The record, together with any recommendations of the hearing officials, shall be transmitted to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this section, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

Any incarcerated individual confined pursuant to this Compact shall be released within the territory of the sending state unless the incarcerated individual, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

Any incarcerated individual confined pursuant to the terms of this Compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the incarcerated individual’s status changed on account of any action or proceeding in which the incarcerated individual could have participated if confined in any appropriate institution of the sending state located within such state.

The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any incarcerated individual shall not be deprived of or restricted in the exercise of any power in respect of any incarcerated individual confined pursuant to the terms of this Compact.

Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this Compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an incarcerated individual from an institution in the receiving state there is pending against the incarcerated individual within such state any criminal charge or if the incarcerated individual is formally accused of having committed within such state a criminal offense, the incarcerated individual shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport incarcerated individuals pursuant to this Compact through any and all states party to this Compact without interference.

An incarcerated individual who escapes from an institution in which the incarcerated individual is confined pursuant to this Compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

In this subtitle the following words have the meanings indicated.

“Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.

“Participating agency” means any institution, association, or governmental unit described in § 8-705(a) of this subtitle that provides work projects for a community service program.

instead of payment of any fines and court costs imposed; or

as a condition of:

the juvenile or defendant consents to the assignment;

the juvenile or defendant is not compensated for the work performed; and

in the case of a defendant, the individual has not been convicted of a crime of violence.

A nonprofit charitable institution, public association, community service association, or governmental unit may provide work projects for a community service program.

for adults, shall be administered either by the county or, within the county, by the Division of Parole and Probation; or

for juveniles, shall be administered either by the county or, within the county, by the Department of Juvenile Services.

the Division of Parole and Probation;

the Department of Juvenile Services; or

the county.

local monitoring of a community service program; and

supervising participants.

A county shall report to the administering unit at the times and in the manner that the administering unit determines.

The administrator of each community service program shall prepare separate reports containing annual statistical data on all adults and juveniles in the program and submit:

A participating agency that requests the assignment of a community service worker:

This subtitle does not limit the authority of a court to direct a juvenile or a defendant, under the supervision of the Division of Parole and Probation, the Department of Juvenile Services, or any other unit or individual as directed by the court, to make restitution to the victim of a particular crime or to perform certain services for the victim as an alternative means of restitution:

This section applies only in Prince George’s County.

An owner of private property may request the assignment of a community service worker to clean up and dispose of rubbish on the owner’s property as a work project under this subtitle if:

Prince George’s County shall insure a community service worker assigned to a work project under this section to the same extent as a worker assigned to a work project provided by a participating local agency under this subtitle.

An incarcerated individual may not falsely imprison an individual who:

An agent or employee of a State correctional facility or any other correctional facility that receives State aid may not raise or take part in the raising of perishable vegetable produce for sale unless the sale is to be made to another State unit, an institution receiving State aid, or a cannery.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.

An employee of a State correctional facility who violates this section is subject to removal.

Words or phrases in this section that describe the common–law crime of indecent exposure shall retain their judicially determined meanings except to the extent expressly or implicitly changed in this section.

An incarcerated individual may not, with intent to annoy, abuse, torment, harass, or embarrass a correctional officer or authorized personnel, lewdly, lasciviously, and indecently expose private parts of the incarcerated individual’s body in the presence of the correctional officer or authorized personnel.

An incarcerated individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

A person may not intentionally operate an unmanned aircraft over a correctional facility for the purpose of photographing or recording images of the correctional facility through the use of the unmanned aircraft without the authorization of the managing official of the correctional facility or the Secretary.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

A correctional facility shall post signage warning of the provisions of this section on the exterior of the property in an area visible to the general public.

A State correctional facility or a local correctional facility may not coerce, intimidate, or threaten an individual based on the actual or perceived citizenship or immigration status of the individual or any other person.