<section article="gcs" article_name="Correctional Services" number="8-101" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Approved standards” means the standards described in § 8-103(b) of this subtitle.</text> </level> <level label="c"> <text>“Commission” means the Maryland Commission on Correctional Standards.</text> </level> <level label="d"> <text>“Minimum mandatory standards” means the standards described in § 8-103(a) of this subtitle.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-102" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <text>The General Assembly finds that there is a need to improve the method of establishing standards for correctional facilities and programs and of ensuring compliance with these standards to better protect the health, safety, and welfare of the public by reducing incidents of crime.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-103" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <level label="1"> <text>With the advice of the Commission, the Secretary shall adopt regulations that establish minimum mandatory standards applicable to security and incarcerated individual control, incarcerated individual safety, incarcerated individual food services, incarcerated individual housing and sanitation, incarcerated individual rights, classification, hearings, victim notification, restitution, and administrative record keeping.</text> </level> <level label="2"> <text>The minimum mandatory standards adopted under paragraph (1) of this subsection shall apply to all State and local correctional facilities.</text> </level> </level> <level label="b"> <level label="1"> <text>With the advice of the Commission, the Secretary shall adopt regulations that establish approved standards applicable to personnel, training, administration, management, planning and coordination, research and evaluation, physical plant, special management incarcerated individuals, rules and discipline, mail and visiting, reception and orientation, property control, work programs, educational and vocational training, library services, religious services, recreational activities, counseling, release preparation, and volunteers.</text> </level> <level label="2"> <text>The approved standards adopted under paragraph (1) of this subsection:</text> <level label="i"> <text>shall apply to all State correctional facilities; and</text> </level> <level label="ii"> <text>may be adopted, as a whole or in part, by a local correctional facility.</text> </level> </level> </level> <level label="c"> <text>The standards adopted under this section shall be consistent with federal and State law.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-105" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <text>The standards adopted under § 8-103 of this subtitle shall be enforced as provided under §§ 8-112 through 8-114 of this subtitle.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-106" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <text>There is a Maryland Commission on Correctional Standards in the Department.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-107" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>The Commission consists of the following 12 members:</text> <level label="1"> <text>the Attorney General;</text> </level> <level label="2"> <text>the Secretary of General Services;</text> </level> <level label="3"> <text>the Secretary of Budget and Management; and</text> </level> <level label="4"> <text>the following nine members appointed by the Governor with the advice and consent of the Senate:</text> <level label="i"> <text>two members of the public who are not directly employed in the field of corrections;</text> </level> <level label="ii"> <text>two correctional personnel from State government;</text> </level> <level label="iii"> <text>two correctional personnel from local government;</text> </level> <level label="iv"> <text>one official or employee of a national correctional accreditation organization;</text> </level> <level label="v"> <text>one elected official from a local governing body; and</text> </level> <level label="vi"> <text>one member who is licensed, certified, or registered by the State as a mental health or medical professional.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection:</text> <level label="i"> <text>the term of a member of the Commission is 3 years; and</text> </level> <level label="ii"> <text>the terms of the members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 1999.</text> </level> </level> <level label="2"> <level label="i"> <text>The Attorney General, Secretary of General Services, and Secretary of Budget and Management shall serve as ex officio members of the Commission.</text> </level> <level label="ii"> <text>An ex officio member of the Commission may serve personally at any Commission meeting or designate a representative from the ex officio member’s unit who may act at any Commission meeting to the same effect as if the ex officio member were personally present.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="2"> <text>A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-108" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <text>The Commission shall elect annually a chairperson and vice chairperson from among its members.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-109" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>A majority of the authorized membership of the Commission is a quorum.</text> </level> <level label="b"> <text>The Commission shall meet at the times determined by the Commission or its chairperson.</text> </level> <level label="c"> <text>A member of the Commission:</text> <level label="1"> <text>may not receive compensation for service on the Commission; but</text> </level> <level label="2"> <text>is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-110" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-111" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <level label="1"> <text>With the approval of the Secretary, the Commission shall appoint an Executive Director.</text> </level> <level label="2"> <text>The Executive Director is a special appointment in the State Personnel Management System.</text> </level> </level> <level label="b"> <text>The Executive Director serves at the pleasure of the Commission.</text> </level> <level label="c"> <text>The Executive Director shall perform administrative functions as the Commission directs.</text> </level> <level label="d"> <text>The Executive Director is entitled to compensation as provided in the State budget.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-112" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <level label="1"> <text>The Commission shall:</text> <level label="i"> <text>advise the Secretary regarding all minimum mandatory standards and approved standards for State and local correctional facilities;</text> </level> <level label="ii"> <text>consult and coordinate with national bodies promulgating correctional standards to provide reasonable compatibility between the State standards and nationally established standards; and</text> </level> <level label="iii"> <text>consult and cooperate with other units of the State and local jurisdictions concerning correctional standards.</text> </level> </level> <level label="2"> <text>The Commission may provide technical assistance to the extent authorized in the State budget to aid the State and local jurisdictions in their efforts to comply with minimum mandatory standards and approved standards.</text> </level> </level> <level label="b"> <text>The Commission shall adopt regulations to carry out this subtitle.</text> </level> <level label="c"> <text>The Commission shall employ a staff necessary to carry out this subtitle as provided in the State budget.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-113" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>The Commission shall:</text> <level label="1"> <text>establish and implement a process to inspect State and local correctional facilities to determine and certify compliance with applicable standards; and</text> </level> <level label="2"> <text>determine deadlines for remedial action and reinspection whenever inspection reports indicate noncompliance with applicable standards.</text> </level> </level> <level label="b"> <text>The Commission may review and act on appeals from staff inspection reports.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-114" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <level label="1"> <text>If the Commission determines that a correctional facility is in violation of the minimum mandatory standards, the Commission shall send a compliance plan to the correctional facility.</text> </level> <level label="2"> <text>The compliance plan shall state:</text> <level label="i"> <text>which minimum mandatory standards the correctional facility has violated;</text> </level> <level label="ii"> <text>the time, to be determined by the Commission, that the correctional facility has to address the violations; and</text> </level> <level label="iii"> <text>the date that the Commission shall reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.</text> </level> </level> <level label="3"> <text>The Commission shall send a copy of the compliance plan to the executive and legislative body responsible for the correctional facility.</text> </level> </level> <level label="b"> <level label="1"> <text>If, after sending a compliance plan and reinspecting a correctional facility under subsection (a) of this section, the Commission determines that the correctional facility is in violation of the minimum mandatory standards, the Commission shall send a letter of reprimand to the correctional facility.</text> </level> <level label="2"> <text>The letter of reprimand shall state:</text> <level label="i"> <text>which minimum standards the correctional facility has violated;</text> </level> <level label="ii"> <text>the time, to be determined by the Commission but not to exceed 60 days, that the correctional facility has to address the violations; and</text> </level> <level label="iii"> <text>the date that the Commission will reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.</text> </level> </level> <level label="3"> <text>The Commission shall send a copy of the letter of reprimand to the executive and legislative body responsible for the correctional facility.</text> </level> </level> <level label="c"> <level label="1"> <text>If, after the Commission has sent a letter of reprimand to a correctional facility under subsection (b) of this section and reinspected the facility, the Commission determines that the correctional facility is in violation of the minimum mandatory standards, the Commission shall:</text> <level label="i"> <text>conduct a full standards and performance audit of the correctional facility; or</text> </level> <level label="ii"> <text>periodically inspect the correctional facility until compliance is attained and send a report of each inspection to the executive and legislative bodies responsible for the correctional facility.</text> </level> </level> <level label="2"> <text>When conducting a full standards and performance audit of a correctional facility, the Commission shall examine:</text> <level label="i"> <text>the physical condition of the correctional facility;</text> </level> <level label="ii"> <text>the safety and treatment of incarcerated individuals at the correctional facility;</text> </level> <level label="iii"> <text>whether the correctional facility has policies and procedures in place as required by the minimum mandatory standards; and</text> </level> <level label="iv"> <text>whether the correctional facility is following the required policies and procedures.</text> </level> </level> <level label="3"> <text>When conducting a full standards and performance audit, the Commission shall have unrestricted access to the personnel and records of the correctional facility.</text> </level> <level label="4"> <level label="i"> <text>If the Commission lacks the expertise necessary to perform a part of the full standards and performance audit, the Commission may obtain assistance from sources with expertise in the specific standard.</text> </level> <level label="ii"> <text>If the Commission needs to obtain assistance, the correctional facility that is being audited shall reimburse the Commission for any cost incurred.</text> </level> </level> <level label="5"> <level label="i"> <text>After completing a full standards and performance audit, the Commission shall send a letter to the correctional facility.</text> </level> <level label="ii"> <text>The letter shall contain:</text> <level label="1"> <text>a copy of the audit findings, including details on all areas where the correctional facility fails to comply with the minimum mandatory standards;</text> </level> <level label="2"> <text>a statement of what actions the correctional facility must take in order to comply with the audit findings;</text> </level> <level label="3"> <text>a date when the correctional facility must comply with the audit findings; and</text> </level> <level label="4"> <text>a statement that the Commission will conduct an unannounced inspection of the correctional facility within a reasonable amount of time after the date specified for compliance and that if the correctional facility fails to comply, the Commission may seek a court order requiring compliance or order all or part of the correctional facility to cease operations.</text> </level> </level> <level label="iii"> <text>The Commission shall send a copy of the letter to the executive and legislative bodies responsible for the correctional facility.</text> </level> </level> <level label="6"> <text>Within a reasonable time after the date specified for compliance, the Commission shall conduct an unannounced inspection to verify that the correctional facility has complied with the audit findings.</text> </level> </level> <level label="d"> <level label="1"> <text>If, after performing an audit and unannounced inspection under subsection (c) of this section and holding a hearing on the issue, the Commission determines that a correctional facility has not complied with the audit findings, the Commission shall:</text> <level label="i"> <text>petition a circuit court with venue over the proceeding for a court order requiring the correctional facility to comply with the audit findings; or</text> </level> <level label="ii"> <text>issue an order to cease operation of the correctional facility or any of its correctional elements, procedures, or functions.</text> </level> </level> <level label="2"> <text>The Commission shall provide to a correctional facility reasonable notice of a hearing under paragraph (1) of this subsection.</text> </level> <level label="3"> <text>The Commission may subpoena witnesses and hold public hearings in accordance with Title 10, Subtitle 2 of the State Government Article before making a final decision on whether to seek a court order or close a correctional facility or any of its correctional elements, procedures, or functions.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-115" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <level label="1"> <text>If a correctional facility is ordered closed under this section, all incarcerated individuals in the facility shall be transferred to and accepted in a suitable place of detention, as the Secretary determines.</text> </level> <level label="2"> <text>The governing body responsible for the cost of the closed facility shall pay the expenses incurred in transferring and maintaining incarcerated individuals under paragraph (1) of this subsection.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-116" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <level label="a"> <level label="1"> <text>The Commission shall establish advisory boards to assist the Commission in carrying out its powers and duties under this subtitle.</text> </level> <level label="2"> <text>The Commission may establish advisory boards on adult:</text> <level label="i"> <text>detention centers and lockups;</text> </level> <level label="ii"> <text>community correctional facilities; and</text> </level> <level label="iii"> <text>correctional facilities other than those listed in items (i) and (ii) of this paragraph.</text> </level> </level> </level> <level label="b"> <text>The chairperson of the Commission shall appoint the members of an advisory board with the approval of the Commission.</text> </level> <level label="c"> <text>The chairperson of an advisory board shall be a Commission member.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-117" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="1" subtitle_name="Standards for Correctional Facilities"> <text>The Commission may perform any acts necessary and appropriate to carry out the powers and duties set forth in this subtitle.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-201" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Approved correctional training school” means a school authorized by the Commission to offer training programs as provided under this subtitle.</text> </level> <level label="c"> <text>“Commission” means the Correctional Training Commission.</text> </level> <level label="d"> <text>“Correctional administrator” means a correctional officer who has been promoted from a supervisory rank to first–line administrative duties.</text> </level> <level label="e"> <level label="1"> <text>“Correctional officer” means a member of a correctional unit whose duties relate to the investigation, care, custody, control, or supervision of incarcerated individuals and individuals who:</text> <level label="i"> <text>have been placed on parole or mandatory supervision;</text> </level> <level label="ii"> <text>have been placed on probation; or</text> </level> <level label="iii"> <text>have received a suspended sentence.</text> </level> </level> <level label="2"> <text>“Correctional officer” does not include:</text> <level label="i"> <text>the head or deputy head of a correctional unit; or</text> </level> <level label="ii"> <text>a sheriff, warden, or superintendent or an individual with an equivalent title who is appointed or employed by a unit of government to exercise equivalent supervisory authority.</text> </level> </level> </level> <level label="f"> <text>“Correctional supervisor” means a correctional officer who has been promoted to first–line supervisory duties.</text> </level> <level label="g"> <level label="1"> <text>“Correctional unit” means a unit of State, county, or municipal government that is responsible under a statute, ordinance, or court order for the investigation, care, custody, control, and supervision of incarcerated individuals and individuals who:</text> <level label="i"> <text>have been placed on parole or mandatory supervision;</text> </level> <level label="ii"> <text>have been placed on probation; or</text> </level> <level label="iii"> <text>have received a suspended sentence.</text> </level> </level> <level label="2"> <text>“Correctional unit” includes those facilities as set forth in § 9–226 of the Human Services Article and other facilities as designated by the Secretary of Juvenile Services.</text> </level> </level> <level label="h"> <level label="1"> <text>“Department of Juvenile Services employee” means a youth supervisor, youth counselor, direct care worker, direct education staff member, or other employee of the Department of Juvenile Services whose employment responsibility is the investigation, custody, control, or supervision of minors, juvenile delinquents, and youthful offenders who are committed, detained, awaiting placement, adjudicated delinquent, or are otherwise under the supervision of the Department of Juvenile Services.</text> </level> <level label="2"> <text>“Department of Juvenile Services employee” includes an employee of any nonprofit or for–profit entity under contract with the Department of Juvenile Services whose employment responsibility is the investigation, custody, control, or supervision of minors, juvenile delinquents, and youthful offenders as described under paragraph (1) of this subsection.</text> </level> </level> <level label="i"> <text>“Permanent appointment” means an appointment that has permanent status.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-202" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <text>The General Assembly finds that:</text> <level label="1"> <text>there is a need to improve the administration of the correctional system to better protect the health, safety, and welfare of the public;</text> </level> <level label="2"> <text>the ultimate goal of the correctional system is to make the community safer by reducing the incidence of crime;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>recent studies have revealed that greater training for correctional work is highly desirable;</text> </level> <level label="5"> <text>the need for training can be substantially met by creating educational and training programs for individuals seeking careers as correctional officers;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>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</text> </level> <level label="8"> <text>Department of Juvenile Services employees should have specific and appropriate training for that population.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-203" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <text>There is a Correctional Training Commission in the Department.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-204" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Capital region” means Frederick County, Montgomery County, and Prince George’s County.</text> </level> <level label="3"> <text>“Central region” means Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County.</text> </level> <level label="4"> <text>“Eastern Shore region” means Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County.</text> </level> <level label="5"> <text>“Southern region” means Calvert County, Charles County, and St. Mary’s County.</text> </level> <level label="6"> <text>“Western region” means Allegany County, Garrett County, and Washington County.</text> </level> </level> <level label="b"> <text>The Commission consists of the following members:</text> <level label="1"> <text>the Secretary of Public Safety and Correctional Services;</text> </level> <level label="2"> <text>the Secretary of Juvenile Services;</text> </level> <level label="3"> <text>a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;</text> </level> <level label="4"> <text>a representative of the Department of Juvenile Services, designated by the Secretary of Juvenile Services;</text> </level> <level label="5"> <text>a Deputy Secretary of Public Safety and Correctional Services;</text> </level> <level label="6"> <text>the president of the Maryland Correctional Administrators Association;</text> </level> <level label="7"> <text>the president of the Maryland Sheriffs Association;</text> </level> <level label="8"> <text>the president of the Maryland Criminal Justice Association;</text> </level> <level label="9"> <text>the Attorney General of the State;</text> </level> <level label="10"> <text>the president of a university or college in the State with a correctional education curriculum, appointed by the Maryland Higher Education Commission;</text> </level> <level label="11"> <text>one correctional officer of the State recommended by the exclusive representative for the officers covered under Title 10, Subtitle 9 of this article and appointed by the Governor;</text> </level> <level label="12"> <text>five correctional officers or officials appointed under subsection (c) of this section;</text> </level> <level label="13"> <text>the Director of the Division of Parole and Probation within the Department of Public Safety and Correctional Services; and</text> </level> <level label="14"> <text>one employee of the Division of Parole and Probation recommended by the exclusive representative for the employees of the Division of Parole and Probation and appointed by the Governor.</text> </level> </level> <level label="c"> <level label="1"> <text>The Governor shall appoint, with the advice and consent of the Senate, five correctional officers or officials from local correctional facilities to be members of the Commission.</text> </level> <level label="2"> <text>The five members appointed under paragraph (1) of this subsection shall represent each of the following geographic areas of the State:</text> <level label="i"> <text>the capital region;</text> </level> <level label="ii"> <text>the central region;</text> </level> <level label="iii"> <text>the Eastern Shore region;</text> </level> <level label="iv"> <text>the southern region; and</text> </level> <level label="v"> <text>the western region.</text> </level> </level> <level label="3"> <text>The term of a member who is appointed under paragraph (1) of this subsection is 3 years.</text> </level> <level label="4"> <text>The terms of the members who are appointed under paragraph (1) of this subsection are staggered as required by the terms provided for members of the Commission on June 1, 2024.</text> </level> <level label="5"> <level label="i"> <text>At the end of a term, a member who was appointed under paragraph (1) of this subsection continues to serve until a successor is appointed and qualifies.</text> </level> <level label="ii"> <text>A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.</text> </level> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-205" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>The Secretary of Public Safety and Correctional Services or the Secretary’s representative is the chairperson of the Commission.</text> </level> <level label="b"> <text>The Commission shall elect annually a vice chairperson from among its members.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-206" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <level label="1"> <text>With the approval of the Secretary, the Commission shall appoint an Executive Director.</text> </level> <level label="2"> <text>The Executive Director shall perform general administrative functions.</text> </level> <level label="3"> <text>The Executive Director serves at the pleasure of the Commission.</text> </level> </level> <level label="b"> <level label="1"> <text>With the approval of the Secretary, the Commission shall appoint a Deputy Director and any other employees that the Commission considers necessary to perform general administrative and training management functions.</text> </level> <level label="2"> <text>The Deputy Director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.</text> </level> </level> <level label="c"> <text>In accordance with the State budget, the Commission may set the compensation of:</text> <level label="1"> <text>the Executive Director and the Deputy Director; and</text> </level> <level label="2"> <text>a Commission employee in a position that:</text> <level label="i"> <text>is unique to the Commission;</text> </level> <level label="ii"> <text>requires specific skills or experience to perform the duties of the position; and</text> </level> <level label="iii"> <text>does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.</text> </level> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-207" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>The Commission shall meet in the State at the times determined by:</text> <level label="1"> <text>a majority of the authorized membership of the Commission;</text> </level> <level label="2"> <text>the chairperson of the Commission; or</text> </level> <level label="3"> <text>the Secretary.</text> </level> </level> <level label="b"> <text>A majority of the authorized membership of the Commission is a quorum.</text> </level> <level label="c"> <text>A member of the Commission:</text> <level label="1"> <text>may not receive compensation for service on the Commission; but</text> </level> <level label="2"> <text>is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </level> <level label="d"> <text>The Commission shall:</text> <level label="1"> <text>maintain minutes of its meetings and any other records that it considers necessary; and</text> </level> <level label="2"> <text>provide information, on request, regarding the budget, activities, and programs of the Commission.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-208" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>Subject to the authority of the Secretary, the Commission has the following powers and duties:</text> <level label="1"> <text>to prescribe standards for the approval and continuation of approval of schools that conduct correctional, parole, or probation entrance level and in–service training courses required by the Commission, including State, regional, county, and municipal training schools;</text> </level> <level label="2"> <text>to approve and issue certificates of approval to correctional training schools;</text> </level> <level label="3"> <text>to inspect correctional training schools;</text> </level> <level label="4"> <text>to revoke, for cause, any approval or certificate of approval issued to a correctional training school;</text> </level> <level label="5"> <text>to prescribe the following for correctional training schools:</text> <level label="i"> <text>curriculum, including entrance–level and annual training in the proper use of electronic control devices, as defined in § 4–109 of the Criminal Law Article, for correctional officers who are issued an electronic control device by a correctional unit, consistent with established law enforcement standards and federal and State constitutional provisions;</text> </level> <level label="ii"> <text>courses of study;</text> </level> <level label="iii"> <text>attendance requirements;</text> </level> <level label="iv"> <text>eligibility requirements;</text> </level> <level label="v"> <text>equipment and facilities;</text> </level> <level label="vi"> <text>standards of operation; and</text> </level> <level label="vii"> <text>minimum qualifications for instructors;</text> </level> </level> <level label="6"> <text>to certify and issue appropriate certificates to qualified instructors for approved correctional training schools;</text> </level> <level label="7"> <text>to certify and issue appropriate certificates to correctional officers who have satisfactorily completed training programs;</text> </level> <level label="8"> <text>to conduct and operate approved correctional training schools;</text> </level> <level label="9"> <text>to adopt regulations necessary to carry out this subtitle, including regulations that establish and enforce standards for prior substance abuse by individuals applying for certification as a correctional officer;</text> </level> <level label="10"> <text>to make a continuous study of correctional training methods and procedures for all correctional training schools;</text> </level> <level label="11"> <text>to consult with and accept the cooperation of any recognized federal, State, or municipal correctional agency or educational institution;</text> </level> <level label="12"> <text>to consult and cooperate with universities, colleges, and institutions to develop all general and specialized courses of study for correctional officers;</text> </level> <level label="13"> <text>to consult and cooperate with other units of the State concerned with correctional training;</text> </level> <level label="14"> <text>subject to subsection (b) of this section, to develop and implement specific program design and appropriate course curriculum and training for Department of Juvenile Services employees; and</text> </level> <level label="15"> <text>to perform any other act that is necessary or appropriate to carry out this subtitle.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-209" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>A probationary appointee is entitled to a leave of absence with pay during the period of the training program.</text> </level> <level label="d"> <text>The Commission shall establish the minimum qualifications for probationary or permanent appointment as a Department of Juvenile Services employee.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-209.1" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Applicant” means an individual who is seeking certification as:</text> <level label="i"> <text>a correctional officer; or</text> </level> <level label="ii"> <text>a Department of Juvenile Services employee, as defined in § 8–201(h) of this subtitle.</text> </level> </level> <level label="3"> <text>“Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.</text> </level> </level> <level label="b"> <text>An applicant for certification under this section shall apply to the Central Repository for a State and national criminal history records check.</text> </level> <level label="c"> <text>As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:</text> <level label="1"> <text>a complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;</text> </level> <level label="2"> <text>the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and</text> </level> <level label="3"> <text>the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>Information obtained from the Central Repository under this section:</text> <level label="1"> <text>shall be confidential;</text> </level> <level label="2"> <text>may not be redisseminated; and</text> </level> <level label="3"> <text>may be used only for the licensing purpose authorized by this title.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-209.2" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>If the Office of Administrative Hearings rescinds or modifies a disciplinary action against a correctional officer under Title 11 of the State Personnel and Pensions Article, the Office of Administrative Hearings may reinstate the correctional officer’s certification with no further examination or condition.</text> </level> <level label="2"> <text>If the court, acting under § 10–911 of this article, rescinds or modifies a disciplinary action against a correctional officer, the court may reinstate the correctional officer’s certification with no further examination or condition.</text> </level> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-210" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <text>Except as expressly provided in this subtitle, this subtitle does not limit the powers, rights, duties, or responsibilities of a municipal or county government.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-211" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="2" subtitle_name="Correctional Training Commission"> <level label="a"> <text>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:</text> <level label="1"> <text>the testing of body–worn cameras to ensure adequate functioning;</text> </level> <level label="2"> <text>the procedure for the correctional officer to follow if the camera fails to properly operate at the beginning of or during the correctional officer’s shift;</text> </level> <level label="3"> <text>when recording is mandatory;</text> </level> <level label="4"> <text>when recording is prohibited;</text> </level> <level label="5"> <text>when recording is discretionary;</text> </level> <level label="6"> <text>when recording may require consent of a subject being recorded;</text> </level> <level label="7"> <text>when a recording may be ended;</text> </level> <level label="8"> <text>providing notice of recording;</text> </level> <level label="9"> <text>access to and confidentiality of recordings;</text> </level> <level label="10"> <text>the secure storage of data from a body–worn camera;</text> </level> <level label="11"> <text>review and use of recordings;</text> </level> <level label="12"> <text>retention of recordings;</text> </level> <level label="13"> <text>dissemination and release of recordings;</text> </level> <level label="14"> <text>notification requirements when another individual becomes a party to the communication following the initial notification;</text> </level> <level label="15"> <text>specific protections for individuals when there is an expectation of privacy in private or public places; and</text> </level> <level label="16"> <text>the procedures for a correctional officer to follow if the correctional officer regularly interacts with members of the public outside as part of the correctional officer’s official duties.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <level label="1"> <text>This subsection applies only to a local correctional facility.</text> </level> <level label="2"> <text>A local correctional facility may not be required to adopt the use of body–worn cameras by correctional officers.</text> </level> <level label="3"> <text>If a local correctional facility adopts the use of body–worn cameras, the local correctional facility 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.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-401" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Agreement” means the Interstate Agreement on Detainers, which is set forth in §§ 8-402 through 8-411 of this subtitle.</text> </level> <level label="c"> <text>“Appropriate court” means, with reference to the courts of this State, a circuit court of a county or the District Court.</text> </level> <level label="d"> <text>“Correctional institution” means, with reference to the correctional institutions of this State, any State or local correctional facility.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-402" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>The contracting states solemnly agree that:</text> </section> <section article="gcs" article_name="Correctional Services" number="8-403" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article I</text> <text>The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this Agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this Agreement to provide such cooperative procedures.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-404" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article II</text> <level label="a"> <text>As used in this Agreement the following words have the meanings indicated.</text> </level> <level label="b"> <text>“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).</text> </level> <level label="c"> <text>“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).</text> </level> <level label="d"> <text>“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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-405" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article III</text> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-406" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article IV</text> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-407" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article V</text> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:</text> <level label="1"> <text>proper identification and evidence of the officer’s authority to act for the state into whose temporary custody the prisoner is to be given; and</text> </level> <level label="2"> <text>a duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>At the earliest practicable time consonant with the purposes of this Agreement, the prisoner shall be returned to the sending state.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>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.</text> </level> <level label="h"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-408" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article VI</text> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-409" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article VII</text> <text>Each state party to this Agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this Agreement, and who shall provide, within and without the state, information necessary to the effective operation of this Agreement.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-410" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article VIII</text> <text>This Agreement shall enter into full force and effect as to a party state when the state has enacted this Agreement into law. A state party to this Agreement may withdraw herefrom by enacting a statute repealing the Agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time the withdrawal takes effect, nor shall it affect their rights in respect thereof.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-411" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>Article IX</text> <text>This Agreement shall be liberally construed so as to effectuate its purposes. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability of the remainder of this Agreement to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any state party hereto, the Agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-412" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>All courts, departments, agencies, officers, and employees of the State and its political subdivisions shall enforce the Agreement and cooperate with one another and other party states in enforcing the Agreement and effectuating its purpose.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-413" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>If an individual legally detained and confined in a correctional institution in this State, who, by reason of application of the Agreement, is delivered into temporary custody of a party state as provided in § 8-407 of this subtitle (Article V of the Agreement) and subsequently escapes or attempts to escape from the temporary custody, the escape or attempt to escape shall be punishable under the laws of this State as if the individual had escaped or attempted to escape from a correctional institution in this State.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-414" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>The managing official of a correctional institution in this State shall transfer an incarcerated individual as required by operation of the Agreement.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-415" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>The Attorney General is designated as the officer to carry out the provisions of § 8-409 of this subtitle (Article VII of the Agreement) and to adopt regulations as stipulated in that section.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-416" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>As to any request by an individual confined in another party state for trial in this State, written notice may not be deemed to have been delivered to the prosecuting officer and the appropriate court of this State in accordance with § 8-405(a) (Article III (a) of the Agreement) of this subtitle and notification may not be deemed to have been given in accordance with § 8-405(d) or § 8-406(b) of this subtitle (Article III (d) and Article IV (b) of the Agreement) until the notice or notification is actually received by the appropriate court and the appropriate State’s Attorney of this State, the State’s Attorney’s deputy or assistant, or any other person empowered to receive mail on behalf of the State’s Attorney.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-417" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="4" subtitle_name="Interstate Agreement on Detainers and Related Matters"> <text>An individual delivered to the custody of another party state under this subtitle shall be allowed or shall forfeit any diminution of the individual’s term of confinement under Title 3, Subtitle 7 of this article as may be determined by the Commissioner of Correction in each case.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-501" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="5" subtitle_name="Intrastate Detainers"> <level label="a"> <text>Outstanding charges against an incarcerated individual and detainers based on untried indictments, informations, warrants, or complaints produce uncertainties that:</text> <level label="1"> <text>obstruct programs of incarcerated individual treatment and rehabilitation; and</text> </level> <level label="2"> <text>cause an incarcerated individual serving a term under a detainer to suffer serious disadvantages.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-502" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="5" subtitle_name="Intrastate Detainers"> <level label="a"> <text>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:</text> <level label="1"> <text>in the case of the Division of Correction, is serving a sentence in a correctional facility in the Division of Correction;</text> </level> <level label="2"> <text>in the case of the Patuxent Institution, is confined at the Patuxent Institution; or</text> </level> <level label="3"> <text>in the case of a local correctional facility, is serving a sentence in the local correctional facility.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>the State’s Attorney of the county in which the indictment, information, warrant, or complaint is pending; and</text> </level> <level label="2"> <text>the appropriate court.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>the incarcerated individual’s term of confinement;</text> </level> <level label="2"> <text>the time already served;</text> </level> <level label="3"> <text>the time remaining to be served;</text> </level> <level label="4"> <text>the amount of diminution credits awarded for good conduct;</text> </level> <level label="5"> <text>the date of parole eligibility for the incarcerated individual; and</text> </level> <level label="6"> <text>the most recent decision of the Maryland Parole Commission or the Board of Review of the Patuxent Institution relating to the incarcerated individual.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-503" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="5" subtitle_name="Intrastate Detainers"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>of the source and contents of the detainer lodged against the incarcerated individual; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>the untried indictment, information, warrant, or complaint shall have no further force or effect; and</text> </level> <level label="2"> <text>the court shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice.</text> </level> </level> <level label="d"> <level label="1"> <text>An incarcerated individual who has been notified of a detainer lodged against the incarcerated individual may request that the managing official having immediate supervision over the incarcerated individual file the incarcerated individual’s request for final disposition of the untried indictment, information, warrant, or complaint, along with the statement required under subsection (b) of this section.</text> </level> <level label="2"> <text>Within 30 days after receipt of an incarcerated individual’s request under paragraph (1) of this subsection, the managing official having custody of the incarcerated individual shall file the incarcerated individual’s request for final disposition and the statement required under subsection (b) of this section with the appropriate State’s Attorney and the appropriate court.</text> </level> <level label="3"> <text>The managing official shall file the incarcerated individual’s request for final disposition and the required statement by certified mail, return receipt requested.</text> </level> </level> <level label="e"> <text>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:</text> <level label="1"> <text>the untried indictment, information, warrant, or complaint has no further force or effect; and</text> </level> <level label="2"> <text>the court, on request of the incarcerated individual or the incarcerated individual’s counsel, shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice.</text> </level> </level> <level label="f"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the sheriff of the county in which an untried indictment, information, warrant, or complaint is pending shall transport the incarcerated individual between the incarcerated individual’s place of confinement and the county in which the untried indictment, information, warrant, or complaint is pending.</text> </level> <level label="2"> <text>On the request of the sheriff, the transportation may be furnished by the correctional facility in which the incarcerated individual is confined.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-601" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>The definition of “correctional facility” in § 1-101(d) of this article does not apply to the Interstate Corrections Compact set forth in §§ 8-602 through 8-611 of this subtitle.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-602" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this Compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-603" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <level label="a"> <text>As used in this Compact, unless the context clearly requires otherwise, the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Incarcerated individual” means a male or female offender who is committed to, under sentence to, or confined in a penal or correctional institution.</text> </level> <level label="c"> <text>“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.</text> </level> <level label="d"> <text>“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.</text> </level> <level label="e"> <text>“Sending state” means a state party to this Compact in which conviction or court commitment was had.</text> </level> <level label="f"> <text>“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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-604" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <level label="a"> <text>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:</text> <level label="1"> <text>its duration;</text> </level> <level label="2"> <text>payments to be made to the receiving state by the sending state for incarcerated individual maintenance, extraordinary medical and dental expenses, and any participation in or receipt by incarcerated individuals of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;</text> </level> <level label="3"> <text>participation in programs of incarcerated individual employment, if any, the disposition or crediting of any payments received by incarcerated individuals on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom;</text> </level> <level label="4"> <text>delivery and retaking of incarcerated individuals; and</text> </level> <level label="5"> <text>such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-605" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>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.</text> </level> <level label="h"> <text>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.</text> </level> <level label="i"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-606" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-607" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>Any state party to this Compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this Compact or any contract pursuant hereto and any incarcerated individual in a receiving state pursuant to this Compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision. If such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-608" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this Compact shall enter into force and become effective and binding as to any other of the states upon similar action by such state.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-609" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>This Compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the Compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in the statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such incarcerated individuals as it may have confined pursuant to the provisions of this Compact.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-610" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>Nothing contained in this Compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of incarcerated individuals nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-611" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="6" subtitle_name="Interstate Corrections Compact"> <text>The Secretary of the Department of Public Safety and Correctional Services may do all things necessary or incidental to the carrying out of the Compact in every particular.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-701" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.</text> </level> <level label="c"> <text>“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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-702" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>A county may establish a community service program.</text> </section> <section article="gcs" article_name="Correctional Services" number="8-703" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>Except as otherwise provided, a court may order a juvenile who is charged with the commission of a delinquent act or a criminal defendant who has not been convicted of a crime of violence to perform community service and assign the juvenile or defendant to a particular work project:</text> <level label="1"> <text>instead of payment of any fines and court costs imposed; or</text> </level> <level label="2"> <text>as a condition of:</text> <level label="i"> <text>probation, whether granted under § 6-220 or § 6-225 of the Criminal Procedure Article or otherwise;</text> </level> <level label="ii"> <text>a suspended sentence;</text> </level> <level label="iii"> <text>a case being placed on a stet docket; or</text> </level> <level label="iv"> <text>a juvenile being subject to a diversionary program.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-704" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>A criminal defendant or a juvenile may be assigned to perform a work project under a community service program only if:</text> <level label="1"> <text>the juvenile or defendant consents to the assignment;</text> </level> <level label="2"> <text>the juvenile or defendant is not compensated for the work performed; and</text> </level> <level label="3"> <text>in the case of a defendant, the individual has not been convicted of a crime of violence.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-705" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <level label="a"> <text>A nonprofit charitable institution, public association, community service association, or governmental unit may provide work projects for a community service program.</text> </level> <level label="b"> <level label="1"> <text>A participating agency shall provide, on a written form, any information useful for assigning a juvenile or defendant to an appropriate work project, including:</text> <level label="i"> <text>a description of the work project;</text> </level> <level label="ii"> <text>the days of the week and the hours of each day that each work project is to be performed;</text> </level> <level label="iii"> <text>special skills or physical requirements to perform the work project; and</text> </level> <level label="iv"> <text>for a work project of limited duration, the date when the availability of the project expires.</text> </level> </level> <level label="2"> <text>A participating agency shall send the form to the clerks of court.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-706" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>A community service program:</text> <level label="1"> <text>for adults, shall be administered either by the county or, within the county, by the Division of Parole and Probation; or</text> </level> <level label="2"> <text>for juveniles, shall be administered either by the county or, within the county, by the Department of Juvenile Services.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-707" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>A county may elect to have a community service program monitored by:</text> <level label="1"> <text>the Division of Parole and Probation;</text> </level> <level label="2"> <text>the Department of Juvenile Services; or</text> </level> <level label="3"> <text>the county.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-708" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <text>A county shall pay for:</text> <level label="1"> <text>local monitoring of a community service program; and</text> </level> <level label="2"> <text>supervising participants.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-709" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <level label="a"> <text>A county shall report to the administering unit at the times and in the manner that the administering unit determines.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>the report on adults to the Division of Parole and Probation;</text> </level> <level label="2"> <text>the report on juveniles to the Department of Juvenile Services; and</text> </level> <level label="3"> <text>both reports to the Administrative Office of the Courts.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-710" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <level label="a"> <text>A participating agency that requests the assignment of a community service worker:</text> <level label="1"> <text>is responsible for supervising the worker who is assigned to the agency; and</text> </level> <level label="2"> <text>shall accept the assignment of the worker on the terms and conditions imposed by the court.</text> </level> </level> <level label="b"> <level label="1"> <text>A participating agency may report the unsuitability of a community service worker to the court.</text> </level> <level label="2"> <text>If a worker is reported to be unsuitable, the court:</text> <level label="i"> <text>shall remove the worker from the project; and</text> </level> <level label="ii"> <text>after considering all the facts and circumstances, may reassign the worker or take other action allowed by law.</text> </level> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>as a condition of probation;</text> </level> <level label="2"> <text>as a condition of suspended sentence; or</text> </level> <level label="3"> <text>instead of any fines and court costs imposed.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-711" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="7" subtitle_name="Community Service Programs"> <level label="a"> <text>This section applies only in Prince George’s County.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>the rubbish was dumped on the property without the knowledge and consent of the owner; and</text> </level> <level label="2"> <text>the owner provides a signed release of all the owner’s personal and property claims that may arise from the performance of the work project.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>If an owner has received a notice of violation from the Prince George’s County Department of Environmental Resources because of rubbish dumped without the owner’s knowledge and consent, and the owner appeals to the Board of Administrative Appeals for the County, the Board shall allow the owner to defend against the notice by asserting the liability of a third party, whose identity may be known or unknown to the owner.</text> </level> <level label="2"> <text>If the Board decides in favor of the owner, the Board shall grant the owner a reasonable amount of time to request the assignment of a community service worker under this section.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-801" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="8" subtitle_name="Prohibited Acts"> <level label="a"> <text>An incarcerated individual may not falsely imprison an individual who:</text> <level label="1"> <text>is employed by a correctional facility;</text> </level> <level label="2"> <text>performs volunteer work for a correctional facility;</text> </level> <level label="3"> <text>performs duties in a correctional facility by virtue of federal, State, or local government employment; or</text> </level> <level label="4"> <text>performs duties in a correctional facility by virtue of a contract with a local government or the federal or State government.</text> </level> </level> <level label="b"> <level label="1"> <text>An incarcerated individual who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.</text> </level> <level label="2"> <text>A sentence imposed under this section may not be suspended.</text> </level> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-802" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="8" subtitle_name="Prohibited Acts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.</text> </level> <level label="c"> <text>An employee of a State correctional facility who violates this section is subject to removal.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-803" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="8" subtitle_name="Prohibited Acts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-804" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="8" subtitle_name="Prohibited Acts"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Aircraft” means a device that is used or intended to be used for flight in the air.</text> </level> <level label="3"> <text>“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gcs" article_name="Correctional Services" number="8-805" title_number="8" title_name="State and Local Correctional System -- Generally" subtitle_number="8" subtitle_name="Prohibited Acts"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Civil immigration violation” means a violation of federal civil immigration law.</text> </level> <level label="3"> <text>“Court order” does not include a document issued by:</text> <level label="i"> <text>the United States Department of Homeland Security;</text> </level> <level label="ii"> <text>the United States Department of Justice; or</text> </level> <level label="iii"> <text>any successor agency.</text> </level> </level> <level label="4"> <text>“Convicted individual” means an individual who has been convicted of:</text> <level label="i"> <text>a felony under the laws of this State;</text> </level> <level label="ii"> <text>an offense for which registration as a sex offender is required;</text> </level> <level label="iii"> <text>an offense for which the individual was sentenced to a term of incarceration to be served at a State correctional facility; or</text> </level> <level label="iv"> <text>an offense in another state for which the individual was sentenced to at least 5 years of incarceration and the individual completed at least 5 years of incarceration of that sentence.</text> </level> </level> <level label="5"> <text>“Immigration detainer” means a written or electronic request issued by a federal immigration authority to request that another law enforcement agency detain a person that is:</text> <level label="i"> <text>based on probable cause to believe that the person to be detained is a removable alien under federal immigration law; and</text> </level> <level label="ii"> <text>accompanied by a Form I–205 Warrant of Removal/Deportation or a successor form.</text> </level> </level> <level label="6"> <text>“Judicial warrant” does not include a document issued by:</text> <level label="i"> <text>the United States Department of Homeland Security;</text> </level> <level label="ii"> <text>the United States Department of Justice; or</text> </level> <level label="iii"> <text>any successor agency.</text> </level> </level> <level label="7"> <text>“Local correctional facility” includes:</text> <level label="i"> <text>the Baltimore City Detention Center; and</text> </level> <level label="ii"> <text>the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Paragraph (2)(i), (iii), and (iv) of this subsection does not apply to a convicted individual.</text> </level> <level label="2"> <text>Except as provided in paragraphs (3) and (4) of this subsection, a local correctional facility may not:</text> <level label="i"> <text>inquire about or investigate an individual’s citizenship, immigration status, or place of birth;</text> </level> <level label="ii"> <text>detain or prolong the detention of an individual:</text> <level label="1"> <text>for the purpose of investigating the individual’s citizenship or immigration status;</text> </level> <level label="2"> <text>based on the suspicion that the individual has committed a civil immigration violation; or</text> </level> <level label="3"> <text>at the request of federal immigration authorities unless presented with a valid judicial warrant;</text> </level> </level> <level label="iii"> <text>notify federal immigration authorities that an individual is in custody unless required by a valid court order or judicial warrant; or</text> </level> <level label="iv"> <text>transfer an individual to federal immigration authorities unless presented with a valid judicial warrant.</text> </level> </level> <level label="3"> <text>Nothing in this subsection shall prevent a local correctional facility from:</text> <level label="i"> <text>inquiring about information that is material to a routine booking procedure; or</text> </level> <level label="ii"> <text>entering information into the National Crime Information Center.</text> </level> </level> <level label="4"> <text>If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a local correctional facility may:</text> <level label="i"> <text>notify the individual of the protection or requirement; or</text> </level> <level label="ii"> <text>provide the individual with an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>This subsection does not apply to:</text> <level label="i"> <text>the Baltimore City Detention Center; and</text> </level> <level label="ii"> <text>the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.</text> </level> </level> <level label="2"> <text>A State correctional facility shall provide notice to federal immigration authorities of the release of an individual who is the subject of an active immigration detainer within 48 hours before the release of the individual.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <level label="1"> <text>The Attorney General or an individual who has been subjected to a violation of this section may bring a civil action to enforce this section.</text> </level> <level label="2"> <text>In an action brought under paragraph (1) of this subsection, the court may issue temporary, preliminary, or permanent injunctive relief to prevent an act that would constitute a violation of this section.</text> </level> </level> </section>