# Correctional Services (GCS)

## Title 9. State and Local Correctional System -- Incarcerated Individuals

### Subtitle 3. Transfers

#### Section 9-301

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.

#### Section 9-302

(a) If an individual whose trial has been removed is convicted of a crime punishable by imprisonment in a local correctional facility, any sentence of imprisonment imposed by a court shall be to a local correctional facility of the county from which the case was removed.

(b) The sheriff of the county in which the conviction occurred shall place the individual who was convicted and a certified copy of the docket entries in the case in the custody of the sheriff of the county in which the charging document was filed.

#### Section 9-303

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

(1) the incarcerated individual requires special behavioral or medical treatment or maximum security detention;

(2) the local correctional facility is not equipped to properly provide the necessary treatment or detention; and

(3) when required by any other law, the committing court approves the transfer.

#### Section 9-304

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.

#### Section 9-305

(a) This section does not apply to the transfer of an incarcerated individual that is:

  (1) in accordance with a court order; and

  (2) in connection with a pending judicial proceeding.

(b) Notwithstanding any other law, an incarcerated individual of a maximum or medium security correctional facility in the Division of Correction may not be transferred to a minimum security correctional facility in the Division of Correction or a local correctional facility unless the case management unit of the Division of Correction participates in, evaluates, reviews, and provides final approval for the transfer.

(c) The Commissioner of Correction shall adopt regulations necessary to carry out this section.

#### Section 9-306

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.

#### Section 9-307

(a) On terms and conditions that it prescribes, the Division of Correction may accept custody of any individual who is sentenced to the jurisdiction of the Division of Correction by the United States District Court for the District of Maryland.

(b) While in a State correctional facility, an individual who is sentenced by the United States District Court for the District of Maryland to the jurisdiction of the Division of Correction is subject to the same rules and discipline that are applicable to incarcerated individuals sentenced by State courts to the jurisdiction of the Division.

#### Section 9-308

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.

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