Title 9. State and Local Correctional System -- Incarcerated Individuals — Subtitle 3. Transfers

If a criminal case is removed from one county to another and the defendant is detained in a correctional facility, the defendant may not be transferred to the county to which the case was removed until the presence of the defendant is required in the court to which the case was removed.

The Commissioner of Correction may accept the transfer of an incarcerated individual from a local correctional facility if:

By mutual agreement with a county or counties, the Commissioner of Correction may transfer a minimum security incarcerated individual to a local correctional facility operated by the county or counties for participation in community–oriented correctional programs.

The Commissioner of Correction may contract with the federal government for the transfer of incarcerated individuals from correctional facilities in the Division of Correction to appropriate facilities operated by or for the federal government.

If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may authorize, on behalf of the State and subject to the terms of the treaty, the Commissioner of Correction to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the State in the treaty.