GCS (GCS)
- § 1–101
- § 1–102
- § 1–201
- § 2–101
- § 2–102
- § 2–103
- § 2–104
- § 2–105
- § 2–106
- § 2–107
- § 2–108
- § 2–109
- § 2–110
- § 2–111
- § 2–112
- § 2–113
- § 2–113.1
- § 2–114
- § 2–115
- § 2–116
- § 2–117
- § 2–118
- § 2–201
- § 2–401
- § 2–402
- § 2–403
- § 2–404
- § 2–405
- § 2–406
- § 2–501
- § 2–601
- § 2–701
- § 2–702
- § 3–101
- § 3–201
- § 3–202
- § 3–203
- § 3–205
- § 3–206
- § 3–207
- § 3–207.1
- § 3–208
- § 3–209
- § 3–210
- § 3–211
- § 3–212
- § 3–213
- § 3–214
- § 3–215
- § 3–216
- § 3–217
- § 3–218
- § 3–219
- § 3–220
- § 3–221
- § 3–222
- § 3–301
- § 3–302
- § 3–303
- § 3–304
- § 3–305
- § 3–401
- § 3–402
- § 3–403
- § 3–404
- § 3–405
- § 3–406
- § 3–407
- § 3–408
- § 3–409
- § 3–410
- § 3–411
- § 3–412
- § 3–413
- § 3–414
- § 3–415
- § 3–501
- § 3–502
- § 3–503
- § 3–504
- § 3–505
- § 3–506
- § 3–507
- § 3–508
- § 3–509
- § 3–511
- § 3–512
- § 3–513
- § 3–514
- § 3–515
- § 3–516
- § 3–517
- § 3–518
- § 3–519
- § 3–520
- § 3–521
- § 3–522
- § 3–523
- § 3–524
- § 3–525
- § 3–526
- § 3–527
- § 3–528
- § 3–601
- § 3–602
- § 3–603
- § 3–604
- § 3–605
- § 3–606
- § 3–607
- § 3–608
- § 3–609
- § 3–611
- § 3–701
- § 3–702
- § 3–703
- § 3–704
- § 3–705
- § 3–706
- § 3–706.1
- § 3–707
- § 3–708
- § 3–709
- § 3–710
- § 3–711
- § 3–801
- § 3–802
- § 3–803
- § 3–804
- § 3–805
- § 3–806
- § 3–807
- § 3–808
- § 3–809
- § 3–810
- § 3–811
- § 4–101
- § 4–201
- § 4–202
- § 4–203
- § 4–204
- § 4–205
- § 4–206
- § 4–207
- § 4–208
- § 4–209
- § 4–210
- § 4–211
- § 4–212
- § 4–213
- § 4–214
- § 4–301
- § 4–302
- § 4–303
- § 4–304
- § 4–305
- § 4–306
- § 4–307
- § 4–308
- § 4–401
- § 5–101
- § 5–102
- § 5–201
- § 5–202
- § 5–203
- § 5–301
- § 5–302
- § 5–401
- § 5–402
- § 5–403
- § 5–404
- § 5–405
- § 5–406
- § 6–101
- § 6–102
- § 6–103
- § 6–104
- § 6–105
- § 6–107
- § 6–108
- § 6–109
- § 6–110
- § 6–111
- § 6–112
- § 6–113
- § 6–114
- § 6–115
- § 6–116
- § 6–117
- § 6–118
- § 6–119
- § 6–120
- § 6–121
- § 6–201
- § 6–202
- § 6–203
- § 6–204
- § 6–205
- § 6–206
- § 6–207
- § 6–208
- § 6–209
- § 6–210
- § 6–211
- § 6–212
- § 6–213
- § 6–214
- § 6–215
- § 7–101
- § 7–102
- § 7–103
- § 7–104
- § 7–201
- § 7–202
- § 7–203
- § 7–204
- § 7–205
- § 7–206
- § 7–207
- § 7–208
- § 7–301
- § 7–301.1
- § 7–302
- § 7–303
- § 7–304
- § 7–305
- § 7–306
- § 7–307
- § 7–308
- § 7–309
- § 7–310
- § 7–401
- § 7–402
- § 7–403
- § 7–501
- § 7–502
- § 7–503
- § 7–504
- § 7–505
- § 7–506
- § 7–601
- § 7–602
- § 7–603
- § 7–701
- § 7–801
- § 7–802
- § 7–803
- § 7–804
- § 7–805
- § 8–101
- § 8–102
- § 8–103
- § 8–105
- § 8–106
- § 8–107
- § 8–108
- § 8–109
- § 8–110
- § 8–111
- § 8–112
- § 8–113
- § 8–114
- § 8–115
- § 8–116
- § 8–117
- § 8–201
- § 8–202
- § 8–203
- § 8–204
- § 8–205
- § 8–206
- § 8–207
- § 8–208
- § 8–209
- § 8–209.1
- § 8–209.2
- § 8–210
- § 8–211
- § 8–401
- § 8–402
- § 8–403
- § 8–404
- § 8–405
- § 8–406
- § 8–407
- § 8–408
- § 8–409
- § 8–410
- § 8–411
- § 8–412
- § 8–413
- § 8–414
- § 8–415
- § 8–416
- § 8–417
- § 8–501
- § 8–502
- § 8–503
- § 8–601
- § 8–602
- § 8–603
- § 8–604
- § 8–605
- § 8–606
- § 8–607
- § 8–608
- § 8–609
- § 8–610
- § 8–611
- § 8–701
- § 8–702
- § 8–703
- § 8–704
- § 8–705
- § 8–706
- § 8–707
- § 8–708
- § 8–709
- § 8–710
- § 8–711
- § 8–801
- § 8–802
- § 8–803
- § 8–804
- § 9–101
- § 9–102
- § 9–103
- § 9–104
- § 9–105
- § 9–106
- § 9–201
- § 9–202
- § 9–301
- § 9–302
- § 9–303
- § 9–304
- § 9–305
- § 9–306
- § 9–307
- § 9–308
- § 9–402
- § 9–405
- § 9–501
- § 9–502
- § 9–503
- § 9–504
- § 9–505
- § 9–506
- § 9–507
- § 9–508
- § 9–509
- § 9–510
- § 9–511
- § 9–512
- § 9–513
- § 9–514
- § 9–516
- § 9–517
- § 9–519
- § 9–520
- § 9–601
- § 9–601.1
- § 9–602
- § 9–602.1
- § 9–602.2
- § 9–603
- § 9–604
- § 9–605
- § 9–606
- § 9–607
- § 9–608
- § 9–609
- § 9–609.1
- § 9–610
- § 9–611
- § 9–612
- § 9–613
- § 9–614
- § 9–614.1
- § 9–614.2
- § 9–615
- § 9–616
- § 9–617
- § 9–618
- § 10–101
- § 10–102
- § 10–103
- § 10–104
- § 10–105
- § 10–106
- § 10–107
- § 10–201
- § 10–202
- § 10–203
- § 10–204
- § 10–205
- § 10–206
- § 10–207
- § 10–208
- § 10–209
- § 10–210
- § 10–301
- § 10–302
- § 10–303
- § 10–304
- § 10–305
- § 10–306
- § 10–307
- § 10–308
- § 10–309
- § 10–310
- § 10–401
- § 10–402
- § 10–403
- § 10–404
- § 10–405
- § 10–406
- § 10–407
- § 10–501
- § 10–502
- § 10–503
- § 10–504
- § 10–601
- § 10–701
- § 10–702
- § 10–801
- § 10–901
- § 10–902
- § 10–903
- § 10–904
- § 10–905
- § 10–906
- § 10–907
- § 10–908
- § 10–909
- § 10–910
- § 10–911
- § 10–912
- § 10–913
- § 11–101
- § 11–102
- § 11–102.1
- § 11–103
- § 11–104
- § 11–105
- § 11–106
- § 11–107
- § 11–201
- § 11–202
- § 11–203
- § 11–204
- § 11–205
- § 11–206
- § 11–301
- § 11–302
- § 11–303
- § 11–304
- § 11–305
- § 11–306
- § 11–307
- § 11–310
- § 11–311
- § 11–312
- § 11–313
- § 11–314
- § 11–315
- § 11–316
- § 11–317
- § 11–318
- § 11–319
- § 11–320
- § 11–401
- § 11–402
- § 11–403
- § 11–404
- § 11–405
- § 11–406
- § 11–407
- § 11–501
- § 11–502
- § 11–503
- § 11–504
- § 11–505
- § 11–506
- § 11–507
- § 11–508
- § 11–509
- § 11–601
- § 11–602
- § 11–603
- § 11–605
- § 11–606
- § 11–607
- § 11–701
- § 11–702
- § 11–703
- § 11–704
- § 11–705
- § 11–706
- § 11–707
- § 11–708
- § 11–709
- § 11–710
- § 11–711
- § 11–712
- § 11–713
- § 11–714
- § 11–715
- § 11–716
- § 11–717
- § 11–718
- § 11–719
- § 11–720
- § 11–722
- § 11–723
- § 11–724
- § 11–725
- § 11–726
- § 11–801
- § 11–802
- § 11–803
- § 11–901
- § 11–902
- § 11–903
- § 11–904
- § 11–1001
- § 11–1002
- § 11–1003
- § 11–1004
- § 11–1005
- § 11–1006
- § 11–1007
- § 11–1008
- § 11–1009
- § 11–1010
- § 11–1011
- § 11–1012
- § 11–1013
- § 11–1014
- § 11–1101
- § 11–1102
- § 11–1103
- § 11–1104
- § 11–1105
- § 11–1106
- § 11–1107
- § 11–1108
- § 11–1109
- § 11–1110
- § 11–1111
§ 1–101
(a)
In this article the following words have the meanings indicated.
# Md. Code Ann., GCS § 1-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Commissioner of Correction” means the Commissioner of the Division of Correction.
# Md. Code Ann., GCS § 1-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Comptroller” means the Comptroller of the State.
# Md. Code Ann., GCS § 1-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime.
# Md. Code Ann., GCS § 1-101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“County” means a county of the State and Baltimore City.
# Md. Code Ann., GCS § 1-101(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Department” means the Department of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 1-101(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
“Division of Correction” means the Division of Correction in the Department of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 1-101(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
“Division of Parole and Probation” means the Division of Parole and Probation in the Department of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 1-101(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Immigration detention agreement” means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that authorizes a State or local government agency to house or detain individuals for federal civil immigration violations.
# Md. Code Ann., GCS § 1-101(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
“Immigration detention facility” means any building, facility, or structure used, in whole or in part, to house or detain individuals for federal civil immigration violations.
# Md. Code Ann., GCS § 1-101(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
“Incarcerated individual” means an individual who is actually or constructively detained or confined in a correctional facility.
# Md. Code Ann., GCS § 1-101(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
“Local correctional facility” means a correctional facility that is operated:
# Md. Code Ann., GCS § 1-101(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
by one or more counties; or
# Md. Code Ann., GCS § 1-101(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
by a municipal corporation.
# Md. Code Ann., GCS § 1-101(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
“Managing official” means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a correctional facility.
# Md. Code Ann., GCS § 1-101(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.
# Md. Code Ann., GCS § 1-101(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(o)
“Secretary” means the Secretary of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 1-101(o) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(p)
“State” means:
# Md. Code Ann., GCS § 1-101(p) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a state, possession, territory, or commonwealth of the United States; or
# Md. Code Ann., GCS § 1-101(p)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the District of Columbia.
# Md. Code Ann., GCS § 1-101(p)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(q)
# Md. Code Ann., GCS § 1-101(q) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“State correctional facility” means a correctional facility that is operated by the State.
# Md. Code Ann., GCS § 1-101(q)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“State correctional facility” includes:
# Md. Code Ann., GCS § 1-101(q)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Patuxent Institution;
# Md. Code Ann., GCS § 1-101(q)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Baltimore City Detention Center; and
# Md. Code Ann., GCS § 1-101(q)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 1-101(q)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(r)
“Treasurer” means the Treasurer of the State.
# Md. Code Ann., GCS § 1-101(r) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 1-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 1–102
(a)
The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not:
# Md. Code Ann., GCS § 1-102(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
enter into an agreement of any kind for the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity;
# Md. Code Ann., GCS § 1-102(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
# Md. Code Ann., GCS § 1-102(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
receive any payment related to the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity; or
# Md. Code Ann., GCS § 1-102(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.
# Md. Code Ann., GCS § 1-102(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not approve a zoning variance or issue a permit for the construction of a building or the reuse of existing buildings or structures by any private entity for use as an immigration detention facility unless the governmental entity:
# Md. Code Ann., GCS § 1-102(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
provides notice to the public of the proposed zoning variance or permit action at least 180 days before authorizing the variance or issuing the permit; and
# Md. Code Ann., GCS § 1-102(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
solicits and hears public comments on the proposed zoning variance or permit action in at least two separate meetings open to the public.
# Md. Code Ann., GCS § 1-102(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 1-102(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not enter into or renew an immigration detention agreement.
# Md. Code Ann., GCS § 1-102(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government with an existing immigration detention agreement shall exercise the termination provision contained in the immigration detention agreement not later than October 1, 2022.
# Md. Code Ann., GCS § 1-102(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
In any dispute over an immigration detention agreement with the State, the provisions of this section govern.
# Md. Code Ann., GCS § 1-102(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Nothing in this section may be construed to authorize or prohibit the State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government from entering into an agreement under 8 U.S.C. § 1357(g).
# Md. Code Ann., GCS § 1-102(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 1-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 1–201
A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.
# Md. Code Ann., GCS § 1-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–101
There is a Department of Public Safety and Correctional Services established as a principal department of the State government.
# Md. Code Ann., GCS § 2-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–102
(a)
# Md. Code Ann., GCS § 2-102(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the advice and consent of the Senate, the Governor shall appoint the Secretary of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 2-102(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary is the head of the Department.
# Md. Code Ann., GCS § 2-102(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
# Md. Code Ann., GCS § 2-102(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 2-102(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.
# Md. Code Ann., GCS § 2-102(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on public safety, crime prevention, correction, parole, and probation.
# Md. Code Ann., GCS § 2-102(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Secretary is entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 2-102(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–103
(a)
The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.
# Md. Code Ann., GCS § 2-103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.
# Md. Code Ann., GCS § 2-103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–104
The Secretary shall have a seal.
# Md. Code Ann., GCS § 2-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–105
(a)
With the approval of the Governor, the Secretary shall appoint two Deputy Secretaries.
# Md. Code Ann., GCS § 2-105(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Deputy Secretaries:
# Md. Code Ann., GCS § 2-105(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
serve at the pleasure of the Secretary; and
# Md. Code Ann., GCS § 2-105(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
are entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 2-105(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Deputy Secretaries:
# Md. Code Ann., GCS § 2-105(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall assist the Secretary in administering the Department; and
# Md. Code Ann., GCS § 2-105(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
have the other duties provided by law or delegated by the Secretary.
# Md. Code Ann., GCS § 2-105(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Secretary shall designate a Deputy Secretary to be the acting Secretary when the Secretary is absent from the State or otherwise unavailable.
# Md. Code Ann., GCS § 2-105(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
If the Secretary is required by law to make an appointment, with the approval of the Governor, to a particular office within the Department and the appointee is required by law to serve at the pleasure of the Secretary, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
# Md. Code Ann., GCS § 2-105(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–106
(a)
In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary.
# Md. Code Ann., GCS § 2-106(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary.
# Md. Code Ann., GCS § 2-106(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 2-106(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 2-106(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant.
# Md. Code Ann., GCS § 2-106(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
An employee specified in subparagraph (i) of this paragraph:
# Md. Code Ann., GCS § 2-106(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and
# Md. Code Ann., GCS § 2-106(c)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 2-106(c)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 2-106(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–107
The Secretary may designate employees of the Department to serve a criminal summons, warrant, or charging document as provided in § 6-309 of the Courts Article.
# Md. Code Ann., GCS § 2-107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–108
(a)
The appointment or removal of personnel by a unit or appointing officer in the Department is subject to the approval of the Secretary.
# Md. Code Ann., GCS § 2-108(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.
# Md. Code Ann., GCS § 2-108(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-108 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–109
(a)
# Md. Code Ann., GCS § 2-109(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 2-109(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Reserve component” has the meaning stated in § 9–901 of the State Government Article.
# Md. Code Ann., GCS § 2-109(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Uniformed services” has the meaning stated in § 9–901 of the State Government Article.
# Md. Code Ann., GCS § 2-109(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Veteran” has the meaning stated in § 9–901 of the State Government Article.
# Md. Code Ann., GCS § 2-109(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary shall adopt regulations for the office of the Secretary.
# Md. Code Ann., GCS § 2-109(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 2-109(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary shall review regulations proposed by a unit in the Department.
# Md. Code Ann., GCS § 2-109(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department.
# Md. Code Ann., GCS § 2-109(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 2-109(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, the Secretary shall adopt regulations to govern the policies and management of correctional facilities in the Department in accordance with Title 10, Subtitle 1 of the State Government Article.
# Md. Code Ann., GCS § 2-109(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Paragraph (1) of this subsection does not apply to a guideline pertaining to the routine internal management of correctional facilities in the Division of Correction.
# Md. Code Ann., GCS § 2-109(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 2-109(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Subject to subparagraph (ii) of this paragraph, the Secretary shall adopt regulations that provide for a requirement that:
# Md. Code Ann., GCS § 2-109(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a correctional officer hired on or after October 1, 2007, for employment in any unit of the Division of Correction shall be at least 21 years old; and
# Md. Code Ann., GCS § 2-109(d)(3)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a correctional officer hired on or after October 1, 2008, for employment in any unit of the Division of Pretrial Detention and Services or the Patuxent Institution shall be at least 21 years old.
# Md. Code Ann., GCS § 2-109(d)(3)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The regulations adopted under subparagraph (i) of this paragraph shall exempt any honorably discharged veteran or honorably discharged reserve component member of the uniformed services from the minimum age requirement.
# Md. Code Ann., GCS § 2-109(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-109 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–110
The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.
# Md. Code Ann., GCS § 2-110 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–111
(a)
The Secretary is responsible for planning activities of the Department.
# Md. Code Ann., GCS § 2-111(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.
# Md. Code Ann., GCS § 2-111(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-111 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–112
(a)
The Secretary may authorize an evaluation or study of the operation and effectiveness of any unit in the Department.
# Md. Code Ann., GCS § 2-112(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 2-112(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary may make the records of any incarcerated individual or unit available to a person who is authorized to conduct an evaluation or study under subsection (a) of this section.
# Md. Code Ann., GCS § 2-112(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A person who obtains a record as provided under this subsection may not transmit by any means the record or any information contained in the record to a person other than the Secretary.
# Md. Code Ann., GCS § 2-112(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Except as provided in subsection (d) of this section, the evaluation or study shall be:
# Md. Code Ann., GCS § 2-112(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
reported to the Secretary; and
# Md. Code Ann., GCS § 2-112(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
released to the public by the Secretary.
# Md. Code Ann., GCS § 2-112(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The evaluation or study may not contain the name of an incarcerated individual unless the incarcerated individual and the Secretary consent.
# Md. Code Ann., GCS § 2-112(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-112 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–113
(a)
Except as provided in subsection (b) of this section, the Secretary, or the Deputy Secretary with the approval of the Secretary, may exercise any power, duty, responsibility, or function of any unit, unit head, or appointing officer in the Department.
# Md. Code Ann., GCS § 2-113(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Secretary or the Deputy Secretary may not exercise a power, duty, responsibility, or function that is set forth in:
# Md. Code Ann., GCS § 2-113(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
§§ 7–204(b)(2), 7–205(a), and 7–401 of this article; or
# Md. Code Ann., GCS § 2-113(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Title 10, Subtitle 3 of this article.
# Md. Code Ann., GCS § 2-113(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-113 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–113.1
(a)
The Secretary may subpoena, administer an oath to, and examine under oath any person if the Secretary considers it necessary for the effective administration of the Secretary’s duties.
# Md. Code Ann., GCS § 2-113.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A person who fails to appear before the Secretary or refuses to testify when subpoenaed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
# Md. Code Ann., GCS § 2-113.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A person who makes a false statement under oath before the Secretary is guilty of perjury and on conviction is subject to the penalty provided under § 9–101 of the Criminal Law Article.
# Md. Code Ann., GCS § 2-113.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-113.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–114
(a)
To increase efficiency and economy, the Secretary may transfer, assign, or reassign any function, activity, or staff, and the associated funds and equipment, from a unit in the Department to another unit in the Department.
# Md. Code Ann., GCS § 2-114(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 2-114(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A transfer authorized by this section shall be made in accordance with the State Personnel and Pensions Article and the State Finance and Procurement Article.
# Md. Code Ann., GCS § 2-114(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except for a warden, assistant warden, or a chief of security of a State correctional facility, an employee of the Department may not be transferred or reassigned involuntarily to a work site that is more than 50 miles from the work site to which the employee previously was assigned.
# Md. Code Ann., GCS § 2-114(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 2-114(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the transfer of a function or activity under this section renders the name of a unit in the Department misleading or inadequate, the Secretary may, with the Governor’s approval, rename the affected unit.
# Md. Code Ann., GCS § 2-114(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Secretary renames a unit as provided under paragraph (1) of this subsection, the Secretary shall submit legislation during the next session of the General Assembly to make any necessary conforming changes to the Code.
# Md. Code Ann., GCS § 2-114(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-114 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–115
In addition to any advisory boards established by law, the Secretary, with the approval of the Governor, may create advisory units or use as an advisory unit any existing commission established by executive order.
# Md. Code Ann., GCS § 2-115 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–116
(a)
This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.
# Md. Code Ann., GCS § 2-116(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Attorney General is the legal adviser to the Department.
# Md. Code Ann., GCS § 2-116(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units.
# Md. Code Ann., GCS § 2-116(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 2-116(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary.
# Md. Code Ann., GCS § 2-116(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns.
# Md. Code Ann., GCS § 2-116(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.
# Md. Code Ann., GCS § 2-116(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-116 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–117
With the approval of the Secretary, the care, control, or supervision of an individual in a State correctional facility, on parole, or on mandatory supervision may be assigned to any employee of the Department who has proper certification from the Maryland Correctional Training Commission.
# Md. Code Ann., GCS § 2-117 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–118
(a)
This section applies to incarcerated individuals in a State correctional facility.
# Md. Code Ann., GCS § 2-118(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 2-118(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, the Secretary shall assess a reasonable fee not to exceed $4 for each visit by an incarcerated individual to a medical unit, physician, dentist, or optometrist for health care services.
# Md. Code Ann., GCS § 2-118(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary may not assess a fee for health care services that are:
# Md. Code Ann., GCS § 2-118(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
required as a part of the intake process;
# Md. Code Ann., GCS § 2-118(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
required for an initial physical examination;
# Md. Code Ann., GCS § 2-118(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
due to a referral by a nurse or physician’s assistant;
# Md. Code Ann., GCS § 2-118(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
provided during a follow–up visit that is initiated by a medical professional from the correctional facility;
# Md. Code Ann., GCS § 2-118(b)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
required for necessary treatment; or
# Md. Code Ann., GCS § 2-118(b)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
initiated by a medical or mental health staff member of the correctional facility.
# Md. Code Ann., GCS § 2-118(b)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Secretary shall adopt regulations to implement and collect the fees required by this section.
# Md. Code Ann., GCS § 2-118(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-118 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–201
The following units are in the Department:
(1)
the Division of Correction;
# Md. Code Ann., GCS § 2-201(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Division of Parole and Probation;
# Md. Code Ann., GCS § 2-201(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Division of Pretrial Detention and Services;
# Md. Code Ann., GCS § 2-201(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the Patuxent Institution;
# Md. Code Ann., GCS § 2-201(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the Board of Review for Patuxent Institution;
# Md. Code Ann., GCS § 2-201(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the Maryland Commission on Correctional Standards;
# Md. Code Ann., GCS § 2-201(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the Correctional Training Commission;
# Md. Code Ann., GCS § 2-201(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
the Maryland Police Training and Standards Commission;
# Md. Code Ann., GCS § 2-201(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
the Maryland Parole Commission;
# Md. Code Ann., GCS § 2-201(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
the Emergency Number Systems Board;
# Md. Code Ann., GCS § 2-201(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
the Sundry Claims Board;
# Md. Code Ann., GCS § 2-201(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
the Inmate Grievance Office; and
# Md. Code Ann., GCS § 2-201(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
any other unit that by law is declared to be part of the Department.
# Md. Code Ann., GCS § 2-201(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–401
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 2-401(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 2-401(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Correctional unit” means a unit of Maryland State or local government that is directly responsible for the care, custody, and control of individuals committed to the custody of the unit for the commission or alleged commission of a crime or an act that would be a crime if committed by an adult.
# Md. Code Ann., GCS § 2-401(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Correctional unit” includes:
# Md. Code Ann., GCS § 2-401(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Department of Public Safety and Correctional Services;
# Md. Code Ann., GCS § 2-401(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Department of Juvenile Services; and
# Md. Code Ann., GCS § 2-401(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the office of the sheriff of a county or other unit of government with responsibility for operating a local correctional facility or county detention center.
# Md. Code Ann., GCS § 2-401(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Mutual aid agreement” means a written agreement to establish and carry out a plan to assist in providing temporary services to alleviate an emergency situation at a facility operated by a correctional unit.
# Md. Code Ann., GCS § 2-401(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–402
This subtitle shall be liberally construed in order to effect its purpose to provide mutual aid to a correctional unit during a time of need.
# Md. Code Ann., GCS § 2-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–403
(a)
A correctional unit may enter into or renew a mutual aid agreement with any other correctional unit in accordance with this section.
# Md. Code Ann., GCS § 2-403(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 2-403(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage, personal injury, or wrongful death that arises out of the mutual aid activities, including travel, of the party that provides assistance outside of the party’s own jurisdiction.
# Md. Code Ann., GCS § 2-403(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The party that requests assistance need not indemnify the party that provides assistance if:
# Md. Code Ann., GCS § 2-403(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the party that provides assistance does not cooperate in defending against a claim made by a third party; or
# Md. Code Ann., GCS § 2-403(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the claim by a third party arises out of a malicious act of the party that provides assistance.
# Md. Code Ann., GCS § 2-403(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party that occur outside its own jurisdiction under the mutual aid agreement.
# Md. Code Ann., GCS § 2-403(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–404
At the request of the Secretary of Public Safety and Correctional Services, the Secretary of Juvenile Services, or the head of any correctional unit, a staff person of a correctional unit who has been trained and certified by the Correctional Training Commission in the care, custody, and control of individuals may function at the location in need under a mutual aid agreement.
# Md. Code Ann., GCS § 2-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–405
For the purpose of a workers’ compensation law or benefit or other law or benefit that would apply or accrue to an individual who is performing a service anywhere for a correctional unit under a mutual aid agreement, the individual is considered to have performed that service in the course of employment and in the line of duty.
# Md. Code Ann., GCS § 2-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–406
Necessary expenditures for the purposes of this subtitle shall be made out of any State or local appropriations usually available to a correctional unit.
# Md. Code Ann., GCS § 2-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–501
(a)
# Md. Code Ann., GCS § 2-501(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 2-501(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Baltimore City centralized booking facility” means the centralized booking facility in Baltimore City that is operated by the Division of Pretrial Detention and Services in the Department.
# Md. Code Ann., GCS § 2-501(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Election–related materials” means documents and other items associated with the registering for and voting in an election, including:
# Md. Code Ann., GCS § 2-501(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
absentee ballot applications;
# Md. Code Ann., GCS § 2-501(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
absentee ballots; and
# Md. Code Ann., GCS § 2-501(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
voter registration applications.
# Md. Code Ann., GCS § 2-501(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Eligible voter” means an individual who:
# Md. Code Ann., GCS § 2-501(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is incarcerated at the Baltimore City centralized booking facility; and
# Md. Code Ann., GCS § 2-501(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has the right to vote under State law.
# Md. Code Ann., GCS § 2-501(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Baltimore City centralized booking facility shall:
# Md. Code Ann., GCS § 2-501(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
provide a secure, designated ballot drop box from the State Board of Elections to eligible voters so that they may easily submit the following election–related materials to the State Board of Elections or a local board of elections:
# Md. Code Ann., GCS § 2-501(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
absentee ballot applications;
# Md. Code Ann., GCS § 2-501(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
absentee ballots; and
# Md. Code Ann., GCS § 2-501(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
voter registration forms;
# Md. Code Ann., GCS § 2-501(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
monitor the ballot drop box provided under item (1) of this subsection 24 hours a day and 7 days a week; and
# Md. Code Ann., GCS § 2-501(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
disseminate written notifications directly to each eligible voter on how and when to use the ballot drop box provided under item (1) of this subsection.
# Md. Code Ann., GCS § 2-501(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 2-501(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The State Board of Elections shall provide the Baltimore City centralized booking facility with:
# Md. Code Ann., GCS § 2-501(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the ballot drop box and written notification materials to disseminate to eligible voters under subsection (b) of this section; and
# Md. Code Ann., GCS § 2-501(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
advice and guidance in carrying out the requirements of subsection (b) of this section.
# Md. Code Ann., GCS § 2-501(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The State shall pay for the ballot drop box.
# Md. Code Ann., GCS § 2-501(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Baltimore City centralized booking facility shall cooperate fully with the State Board of Elections in implementing the requirements of this section.
# Md. Code Ann., GCS § 2-501(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–601
The Department shall:
(1)
provide each individual who is released from a correctional facility with a voter registration application and documentation with the individual’s discharge papers that informs the individual that the individual’s voting rights have been restored;
# Md. Code Ann., GCS § 2-601(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
display a sign in each parole and probation office, in a conspicuous location where notices to the public are customarily posted, indicating that any individual who is no longer incarcerated has the right to vote; and
# Md. Code Ann., GCS § 2-601(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
post a notice, in a conspicuous location on the Department’s website, indicating that any individual who is no longer incarcerated has the right to vote.
# Md. Code Ann., GCS § 2-601(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–701
(a)
The Department shall assist incarcerated individuals in accessing federal Pell Grants for higher education.
# Md. Code Ann., GCS § 2-701(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In order to assist incarcerated individuals in accessing federal Pell Grants, the Department shall consult with institutions of higher education, including:
# Md. Code Ann., GCS § 2-701(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
all University System of Maryland institutions;
# Md. Code Ann., GCS § 2-701(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Morgan State University;
# Md. Code Ann., GCS § 2-701(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Anne Arundel Community College;
# Md. Code Ann., GCS § 2-701(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Hagerstown Community College;
# Md. Code Ann., GCS § 2-701(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Wor–Wic Community College; and
# Md. Code Ann., GCS § 2-701(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
Goucher College.
# Md. Code Ann., GCS § 2-701(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 2–702
(a)
This section applies only with respect to postsecondary education programs in a correctional institution in the Division of Correction in the Department.
# Md. Code Ann., GCS § 2-702(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Department shall:
# Md. Code Ann., GCS § 2-702(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
set goals for the number of incarcerated individuals in postsecondary education programs;
# Md. Code Ann., GCS § 2-702(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
establish a tracking system for the number of incarcerated individuals in postsecondary education programs;
# Md. Code Ann., GCS § 2-702(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
establish a tracking system for the progress of incarcerated individuals in postsecondary education programs, including the number of college credits that each incarcerated individual earns in an approved college program; and
# Md. Code Ann., GCS § 2-702(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
forward, at an agreed–on interval, the tracking data for the number of college credits that each incarcerated individual earns in an approved college program to the Maryland Higher Education Commission.
# Md. Code Ann., GCS § 2-702(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Maryland Higher Education Commission shall assist the Department in creating the tracking systems under subsection (b) of this section.
# Md. Code Ann., GCS § 2-702(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
For each fiscal year, the Governor shall include in the annual budget bill an appropriation in an amount sufficient for the Department to use for marketing for postsecondary education programs to incarcerated individuals and for the tracking systems for postsecondary education programs.
# Md. Code Ann., GCS § 2-702(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Department shall adopt regulations to carry out this section.
# Md. Code Ann., GCS § 2-702(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 2-702 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–101
(a)
In this title the following words have the meanings indicated.
# Md. Code Ann., GCS § 3-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Commissioner” means the Commissioner of Correction.
# Md. Code Ann., GCS § 3-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Division” means the Division of Correction.
# Md. Code Ann., GCS § 3-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–201
There is a Division of Correction in the Department.
# Md. Code Ann., GCS § 3-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–202
(a)
With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction.
# Md. Code Ann., GCS § 3-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall be an individual with maturity and judgment who has:
# Md. Code Ann., GCS § 3-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
broad knowledge of correctional facilities and systems; and
# Md. Code Ann., GCS § 3-202(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of incarcerated individuals.
# Md. Code Ann., GCS § 3-202(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 3-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
# Md. Code Ann., GCS § 3-202(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Commissioner is entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 3-202(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–203
(a)
Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units.
# Md. Code Ann., GCS § 3-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.
# Md. Code Ann., GCS § 3-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–205
(a)
The Commissioner may adopt regulations for the operation and maintenance of the units in the Division.
# Md. Code Ann., GCS § 3-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The regulations shall provide for:
# Md. Code Ann., GCS § 3-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the discipline and conduct of incarcerated individuals, including the character of punishments for violations of discipline; and
# Md. Code Ann., GCS § 3-205(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the duties, discipline, and conduct of officers and other employees of the units in the Division.
# Md. Code Ann., GCS § 3-205(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The regulations may allow incarcerated individuals of minimum security institutions to provide services voluntarily to:
# Md. Code Ann., GCS § 3-205(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
governmental units; or
# Md. Code Ann., GCS § 3-205(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
charitable organizations as defined in § 6–101 of the Business Regulation Article.
# Md. Code Ann., GCS § 3-205(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–206
(a)
On or before July 30 of each year, the Commissioner shall submit to the Secretary an accurate, detailed statement of all receipts and disbursements of the Division during the year that ended on the preceding June 30.
# Md. Code Ann., GCS § 3-206(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall verify the statement submitted under subsection (a) of this section.
# Md. Code Ann., GCS § 3-206(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Secretary shall submit the statement received under subsection (a) of this section to the Comptroller.
# Md. Code Ann., GCS § 3-206(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–207
(a)
On or before October 31 of each year, the Commissioner shall submit an annual report to the Secretary and the Governor that states, for each correctional facility in the Division:
# Md. Code Ann., GCS § 3-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
its expenses, receipts, disbursements, condition, and progress;
# Md. Code Ann., GCS § 3-207(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of conviction, crime, and term of confinement;
# Md. Code Ann., GCS § 3-207(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the number of incarcerated individuals who escape, are pardoned, or discharged;
# Md. Code Ann., GCS § 3-207(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the job classifications for incarcerated individual labor in each department and facility under the authority of the Division;
# Md. Code Ann., GCS § 3-207(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the daily wage scale at each prison for each job classification under the authority of the Division;
# Md. Code Ann., GCS § 3-207(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the total number of incarcerated individuals currently employed at facilities under the authority of the Division, disaggregated by facility;
# Md. Code Ann., GCS § 3-207(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the annual cost of living for incarcerated individuals, including the average cost of:
# Md. Code Ann., GCS § 3-207(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
telephone calls, including calls to medical providers;
# Md. Code Ann., GCS § 3-207(a)(7)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
video calls; and
# Md. Code Ann., GCS § 3-207(a)(7)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
items available for purchase at a commissary, including:
# Md. Code Ann., GCS § 3-207(a)(7)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
feminine hygiene products;
# Md. Code Ann., GCS § 3-207(a)(7)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
toiletries; and
# Md. Code Ann., GCS § 3-207(a)(7)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
medications; and
# Md. Code Ann., GCS § 3-207(a)(7)(iii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
any remarks and suggestions the Commissioner considers necessary to advance the interests of the correctional facility.
# Md. Code Ann., GCS § 3-207(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall submit with the report required by subsection (a) of this section a statement similar to the statement that is required to be submitted under § 3–206 of this subtitle.
# Md. Code Ann., GCS § 3-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner shall verify the report and statement required by this section.
# Md. Code Ann., GCS § 3-207(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report and statement required under this section and any recommendations that the Governor considers expedient.
# Md. Code Ann., GCS § 3-207(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–207.1
(a)
On or before October 31, 2017, and on or before October 31 in every odd–numbered year thereafter, the Commissioner shall submit a security and staffing report covering the prior 2–year period to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
# Md. Code Ann., GCS § 3-207.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The report shall be based on a joint survey conducted by the administration of the Division of Correction and the exclusive collective bargaining representative of the employees.
# Md. Code Ann., GCS § 3-207.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The report shall include:
# Md. Code Ann., GCS § 3-207.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a post–by–post analysis that identifies the actual number of positions needed to safely and securely staff each institution;
# Md. Code Ann., GCS § 3-207.1(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the amount of overtime currently being used to meet minimum standards;
# Md. Code Ann., GCS § 3-207.1(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
an accounting of all institution activities that have been impacted by staffing levels;
# Md. Code Ann., GCS § 3-207.1(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
an assessment of expected future turnover in personnel; and
# Md. Code Ann., GCS § 3-207.1(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
an analysis of the need for additional staff.
# Md. Code Ann., GCS § 3-207.1(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-207.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–208
(a)
The Commissioner shall appoint a Deputy Commissioner.
# Md. Code Ann., GCS § 3-208(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Deputy Commissioner is in the executive service of the State Personnel Management System and serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 3-208(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Deputy Commissioner shall have executive experience in and adequate knowledge of:
# Md. Code Ann., GCS § 3-208(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
correctional facilities and systems; and
# Md. Code Ann., GCS § 3-208(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
incarcerated individual programs.
# Md. Code Ann., GCS § 3-208(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–209
(a)
Subject to the policies established by the Commissioner, the Deputy Commissioner is generally in charge of administrative procedures in the Division.
# Md. Code Ann., GCS § 3-209(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In the absence of the Commissioner, the Deputy Commissioner shall be acting Commissioner.
# Md. Code Ann., GCS § 3-209(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-209 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–210
(a)
The Commissioner shall appoint a warden or administrator for each correctional facility in the Division.
# Md. Code Ann., GCS § 3-210(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems.
# Md. Code Ann., GCS § 3-210(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A warden or administrator serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 3-210(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-210 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–211
(a)
Subject to policies established by the Commissioner, each warden or administrator is in direct charge of the correctional facility to which the warden or administrator is appointed.
# Md. Code Ann., GCS § 3-211(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The warden or administrator shall:
# Md. Code Ann., GCS § 3-211(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
supervise the government, discipline, and policy of the correctional facility;
# Md. Code Ann., GCS § 3-211(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
direct the administering of punishment prescribed by the Commissioner under § 3-205(b)(1) of this subtitle; and
# Md. Code Ann., GCS § 3-211(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
enforce the regulations and directives of the Division.
# Md. Code Ann., GCS § 3-211(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-211 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–212
(a)
On or before September 30 of each year, each warden shall submit to the Commissioner a report and statement on the affairs of the correctional facility to which the warden is appointed.
# Md. Code Ann., GCS § 3-212(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-212(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility.
# Md. Code Ann., GCS § 3-212(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The statement shall include the information required under § 3-207(b) of this subtitle as it relates to the correctional facility.
# Md. Code Ann., GCS § 3-212(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The report and statement required by this section shall be verified by the warden of the correctional facility that is the subject of the report.
# Md. Code Ann., GCS § 3-212(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-212 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–213
(a)
The Commissioner may appoint one or more assistant wardens for a correctional facility.
# Md. Code Ann., GCS § 3-213(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An assistant warden shall have the same qualifications as a warden.
# Md. Code Ann., GCS § 3-213(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An assistant warden serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 3-213(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An assistant warden shall perform the duties of the warden in the absence of the warden.
# Md. Code Ann., GCS § 3-213(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-213 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–214
(a)
# Md. Code Ann., GCS § 3-214(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The warden of a correctional facility or designee of the warden may issue a retake warrant for the apprehension and return of an escapee.
# Md. Code Ann., GCS § 3-214(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The warden shall submit a copy of each retake warrant to the State’s Attorney for the county in which the correctional facility from which the escape was made is located.
# Md. Code Ann., GCS § 3-214(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-214(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A sheriff or a police officer who is authorized to serve criminal process and who receives a retake warrant issued under subsection (a) of this section shall execute the warrant in accordance with the directions in the warrant.
# Md. Code Ann., GCS § 3-214(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A sheriff or police officer who makes an arrest under this subsection shall promptly notify the Division of the arrest.
# Md. Code Ann., GCS § 3-214(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-214 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–215
(a)
In accordance with the State budget, the Division may appoint officers and other employees as necessary to operate the Division and its units efficiently and effectively.
# Md. Code Ann., GCS § 3-215(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-215(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as otherwise provided in this subtitle, all officers and other employees of the Division shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 3-215(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The following positions are in the executive service, the management service, or are special appointments of the skilled service or the professional service in the State Personnel Management System:
# Md. Code Ann., GCS § 3-215(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Commissioner;
# Md. Code Ann., GCS § 3-215(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Deputy Commissioner;
# Md. Code Ann., GCS § 3-215(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Assistant Commissioner;
# Md. Code Ann., GCS § 3-215(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
industries general manager;
# Md. Code Ann., GCS § 3-215(b)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
warden;
# Md. Code Ann., GCS § 3-215(b)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
facility administrator; and
# Md. Code Ann., GCS § 3-215(b)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
assistant warden.
# Md. Code Ann., GCS § 3-215(b)(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 3-215(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The warden of a correctional facility is the appointing officer for the officers and other employees of that facility.
# Md. Code Ann., GCS § 3-215(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Commissioner is the appointing officer for the other officers and employees in the Division.
# Md. Code Ann., GCS § 3-215(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division may provide a dwelling for a warden.
# Md. Code Ann., GCS § 3-215(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A warden may not receive any compensation or perquisite other than:
# Md. Code Ann., GCS § 3-215(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the compensation and reimbursement provided under subsection (e) of this section; and
# Md. Code Ann., GCS § 3-215(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if provided under subsection (c) of this section, a dwelling.
# Md. Code Ann., GCS § 3-215(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 3-215(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Officers and other employees are entitled to:
# Md. Code Ann., GCS § 3-215(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
compensation as provided in the State budget; and
# Md. Code Ann., GCS § 3-215(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
reimbursement for expenses in accordance with the Standard State Travel Regulations.
# Md. Code Ann., GCS § 3-215(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Officers and other employees working 40 hours or more per week in a correctional facility are entitled to one free meal per shift as provided in the State budget.
# Md. Code Ann., GCS § 3-215(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 3-215(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary shall require an individual to pass a polygraph examination before being appointed to serve as a correctional officer in a correctional facility.
# Md. Code Ann., GCS § 3-215(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall adopt regulations governing the administration of the polygraph examination required under paragraph (1) of this subsection.
# Md. Code Ann., GCS § 3-215(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-215 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–216
(a)
The Commissioner shall designate correctional officers employed in each correctional facility in the Division who have the power to make arrests under § 2–207 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 3-216(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall:
# Md. Code Ann., GCS § 3-216(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
# Md. Code Ann., GCS § 3-216(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
# Md. Code Ann., GCS § 3-216(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-216 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–217
(a)
# Md. Code Ann., GCS § 3-217(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes or an insurance policy of the type and in the amount of coverage determined by the Governor in consultation with the State Treasurer.
# Md. Code Ann., GCS § 3-217(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner may require any officer or other employee of the Division to execute a surety bond in the amount that the Commissioner, with the approval of the State Treasurer, establishes.
# Md. Code Ann., GCS § 3-217(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The bond shall be conditioned on the individual faithfully performing the duties of office and accounting for all funds officially received.
# Md. Code Ann., GCS § 3-217(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-217(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A surety bond for the Commissioner shall be issued by a corporate surety approved by the Governor.
# Md. Code Ann., GCS § 3-217(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Any surety bond for an officer or other employee of the Division shall be issued by a corporate surety approved by the Commissioner and the State Treasurer.
# Md. Code Ann., GCS § 3-217(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The premium for a surety bond or an insurance policy issued under this section shall be paid by the Division.
# Md. Code Ann., GCS § 3-217(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An individual who fails to provide or maintain a surety bond or an insurance policy as required by this section:
# Md. Code Ann., GCS § 3-217(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not assume the duties of the individual’s position; and
# Md. Code Ann., GCS § 3-217(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
after 30 days, forfeits the individual’s office or employment.
# Md. Code Ann., GCS § 3-217(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-217 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–218
(a)
An officer or other employee of the Division may not:
# Md. Code Ann., GCS § 3-218(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
accept a reward or gift, or a promise of a reward or gift, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual;
# Md. Code Ann., GCS § 3-218(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
receive a devise or bequest, or a promise of a devise or bequest, from an incarcerated individual in a correctional facility in the Division or from a person on behalf of an incarcerated individual; or
# Md. Code Ann., GCS § 3-218(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
enter into a contract with an incarcerated individual in a correctional facility in the Division or with a person on behalf of an incarcerated individual.
# Md. Code Ann., GCS § 3-218(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A gift, reward, bequest, devise, promise, or contract accepted, received, or entered into in violation of this section is void.
# Md. Code Ann., GCS § 3-218(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
# Md. Code Ann., GCS § 3-218(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-218 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–219
(a)
The Division may acquire property by contract, purchase, or other means as required for the Division’s use and for the use of its units.
# Md. Code Ann., GCS § 3-219(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units.
# Md. Code Ann., GCS § 3-219(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division holds title to and has possession of all property previously acquired by the former Department of Correction or any unit of that Department.
# Md. Code Ann., GCS § 3-219(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Division holds title to and has possession of property as a trustee of the State.
# Md. Code Ann., GCS § 3-219(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Division’s custody, use, acquisition, and conveyance of property are subject generally to the powers and functions of the Board of Public Works.
# Md. Code Ann., GCS § 3-219(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-219 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–220
(a)
The Division controls the financial affairs of each unit in the Division.
# Md. Code Ann., GCS § 3-220(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A bill or account against a unit may not be paid unless it is approved by the Division.
# Md. Code Ann., GCS § 3-220(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-220 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–221
(a)
The Division may apply for and receive funds or property in the form of a grant or loan from the federal government or a unit of the federal government to establish or maintain correctional facilities in the Division on the terms that the Division approves.
# Md. Code Ann., GCS § 3-221(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division may not apply for a grant or loan under this section if there is a requirement to apply any of the funds or property in contravention of any provision of State law relating to correctional facilities in the Division.
# Md. Code Ann., GCS § 3-221(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division may not accept a loan under this section unless the Division has obtained any approval required by law.
# Md. Code Ann., GCS § 3-221(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The repayment of a loan with interest, if any, shall be made from funds appropriated to the Division in the State budget.
# Md. Code Ann., GCS § 3-221(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-221 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–222
The expenses relating to guarding, lodging, feeding, clothing, and caring for an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction may not be assessed against, billed to, or paid by a county.
# Md. Code Ann., GCS § 3-222 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–301
(a)
Subject to subsection (d) of this section, the Commissioner shall operate a comprehensive rehabilitative prerelease unit for women that:
# Md. Code Ann., GCS § 3-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is a separate structure in which the services specified in § 3–303(b) of this subtitle are provided;
# Md. Code Ann., GCS § 3-301(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has security features for female incarcerated individuals who:
# Md. Code Ann., GCS § 3-301(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
present the least risk of violence;
# Md. Code Ann., GCS § 3-301(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
present the least risk of escape; and
# Md. Code Ann., GCS § 3-301(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
have a record of satisfactory institutional behavior; and
# Md. Code Ann., GCS § 3-301(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
matches security level on a validated gender–responsive risk measure.
# Md. Code Ann., GCS § 3-301(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In determining where to place a prerelease unit for women, the Commissioner shall determine into which area, defined by zip codes, the largest percentage of incarcerated individuals will likely be released.
# Md. Code Ann., GCS § 3-301(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A prerelease unit for women shall be located in or adjacent to the zip codes identified in paragraph (1) of this subsection.
# Md. Code Ann., GCS § 3-301(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual assigned to a prerelease unit for women may have access to the community for any purpose described in § 3–305(a) of this subtitle.
# Md. Code Ann., GCS § 3-301(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Department shall:
# Md. Code Ann., GCS § 3-301(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
identify a location, acquire property, and design a site plan for the prerelease unit for women on or before June 1, 2021;
# Md. Code Ann., GCS § 3-301(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
begin construction or renovation of the facility on or before September 1, 2021; and
# Md. Code Ann., GCS § 3-301(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
begin operating and providing services in the facility on or before June 1, 2023.
# Md. Code Ann., GCS § 3-301(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–302
The Commissioner has the same powers and duties relating to a prerelease unit for women as the Commissioner has for any other correctional facility in the Division.
# Md. Code Ann., GCS § 3-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–303
(a)
# Md. Code Ann., GCS § 3-303(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 3-303(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Evidence–based programs and practices” has the meaning stated in § 6–119 of this article.
# Md. Code Ann., GCS § 3-303(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Innovative programs and practices” has the meaning stated in § 6–119 of this article.
# Md. Code Ann., GCS § 3-303(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall make evidence–based and gender–responsive services available to female incarcerated individuals at the prerelease unit for women required under § 3–301 of this subtitle.
# Md. Code Ann., GCS § 3-303(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The comprehensive rehabilitative prerelease services shall utilize evidence–based programs and practices and innovative programs and practices to:
# Md. Code Ann., GCS § 3-303(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
assist female incarcerated individuals in improving their education, upgrading vocational skills, and obtaining suitable employment through classes to earn industry certification or community college credits, workforce training, and job placement;
# Md. Code Ann., GCS § 3-303(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provide female incarcerated individuals with the opportunity to strengthen family and community relationships through extended family leave, parenting workshops, and family reunification assistance;
# Md. Code Ann., GCS § 3-303(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
provide integrative and gender–responsive services, including medical treatment, trauma–informed counseling, mental health treatment, and substance use disorder treatment to address overall health and trauma needs and help female incarcerated individuals achieve stable and productive roles in society; and
# Md. Code Ann., GCS § 3-303(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
develop individualized and comprehensive reentry plans involving community provider partnerships for female incarcerated individuals to reduce barriers to obtaining housing, jobs, education, health care, childcare and child welfare, transportation, legal advocacy, case management, and other needs.
# Md. Code Ann., GCS § 3-303(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–304
(a)
By contract or purchase of service agreement, the Division may arrange for a person or governmental unit to provide comprehensive rehabilitative prerelease services in a prerelease unit for women.
# Md. Code Ann., GCS § 3-304(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
With the Secretary’s approval, the Commissioner may contract with a person or a municipal or county authority to provide food, housing, transportation, and programs to incarcerated individuals in a prerelease unit for women.
# Md. Code Ann., GCS § 3-304(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Under a contract with the federal government, the Commissioner may house federal incarcerated individuals in a prerelease unit for women.
# Md. Code Ann., GCS § 3-304(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–305
(a)
Subject to regulations adopted by the Commissioner, the Commissioner may delegate to the facility administrator of a prerelease unit for women the authority to grant incarcerated individuals the privilege of leaving the confines of the unit for the purpose of:
# Md. Code Ann., GCS § 3-305(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
engaging in or seeking employment;
# Md. Code Ann., GCS § 3-305(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
participating in educational programs or vocational training;
# Md. Code Ann., GCS § 3-305(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
participating in community or civic activities;
# Md. Code Ann., GCS § 3-305(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
participating in volunteer work;
# Md. Code Ann., GCS § 3-305(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
participating in athletic competition; or
# Md. Code Ann., GCS § 3-305(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
making personal or family visits.
# Md. Code Ann., GCS § 3-305(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
When outside the confines of a prerelease unit for women, an incarcerated individual shall carry, at all times, a copy of the form signed by the facility administrator containing the conditions governing the grant of leave.
# Md. Code Ann., GCS § 3-305(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-305(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who is on leave is deemed to be in the custody of the Commissioner to the same extent and subject to the same supervision and control as an incarcerated individual who is actually in confinement.
# Md. Code Ann., GCS § 3-305(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who escapes while on leave under this section is subject to the penalties in § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-305(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–401
In this subtitle, “program” means a home detention program established under this subtitle.
# Md. Code Ann., GCS § 3-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–402
With the Secretary’s approval, the Commissioner may establish a home detention program under which an incarcerated individual in the custody of the Commissioner may live in a private dwelling that the Commissioner or the Commissioner’s designee approves.
# Md. Code Ann., GCS § 3-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–403
An incarcerated individual in the program shall be supervised by means of:
(1)
electronic devices; and
# Md. Code Ann., GCS § 3-403(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
direct contact by employees of the Division.
# Md. Code Ann., GCS § 3-403(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–404
An incarcerated individual is not eligible for the program if the incarcerated individual:
(1)
is serving a life sentence;
# Md. Code Ann., GCS § 3-404(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has been found guilty of a crime of violence as defined in § 14–101 of the Criminal Law Article unless:
# Md. Code Ann., GCS § 3-404(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
5 years have elapsed since expiration of the sentence for the crime of violence; or
# Md. Code Ann., GCS § 3-404(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual is within 90 days of release on parole or mandatory supervision; or
# Md. Code Ann., GCS § 3-404(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 3-404(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 3-404(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-404(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–405
An incarcerated individual may be placed in the program if:
(1)
the incarcerated individual agrees to waive the incarcerated individual’s right to contest extradition;
# Md. Code Ann., GCS § 3-405(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Commissioner or the Commissioner’s designee approves the placement; and
# Md. Code Ann., GCS § 3-405(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the incarcerated individual has served any statutorily imposed minimum sentence, less the allowances for diminution of the incarcerated individual’s term of confinement provided under Subtitle 7 of this title and § 6–218 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 3-405(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–406
While in the program, an incarcerated individual must remain in the incarcerated individual’s approved dwelling except:
(1)
with the approval of the program administrator, to go directly to and from:
# Md. Code Ann., GCS § 3-406(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual’s approved place of employment;
# Md. Code Ann., GCS § 3-406(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
medical or mental health treatment; or
# Md. Code Ann., GCS § 3-406(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
offices of the Department;
# Md. Code Ann., GCS § 3-406(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as required by legitimate medical or other emergencies; or
# Md. Code Ann., GCS § 3-406(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
as otherwise allowed or directed by the program administrator.
# Md. Code Ann., GCS § 3-406(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–407
(a)
An incarcerated individual in the program is responsible for all of the incarcerated individual’s living expenses, including those for food, clothing, shelter, and utilities.
# Md. Code Ann., GCS § 3-407(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Unless otherwise allowed by the Commissioner or the Commissioner’s designee, as a condition of participation in the program, an incarcerated individual shall make any court ordered payments for the support of dependents.
# Md. Code Ann., GCS § 3-407(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-407 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–408
(a)
To satisfy court ordered restitution that an incarcerated individual in the program owes, the Division shall:
# Md. Code Ann., GCS § 3-408(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
determine the amount of reasonable payments; and
# Md. Code Ann., GCS § 3-408(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
collect and disburse the payments.
# Md. Code Ann., GCS § 3-408(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-408(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division shall establish a reasonable fee for the cost of electronic supervision and, except as provided in paragraph (2) of this subsection, collect the fee from each incarcerated individual in the program.
# Md. Code Ann., GCS § 3-408(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Division determines that an incarcerated individual cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the incarcerated individual wholly or partly from the fee.
# Md. Code Ann., GCS § 3-408(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-408 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–409
(a)
# Md. Code Ann., GCS § 3-409(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who willfully violates the conditions of the incarcerated individual’s placement in the program is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year.
# Md. Code Ann., GCS § 3-409(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Notwithstanding § 9–104 of this article, a sentence under this subsection may be to the jurisdiction of the Division.
# Md. Code Ann., GCS § 3-409(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Commission of any crime by an incarcerated individual constitutes a violation of the conditions of the incarcerated individual’s placement in the program.
# Md. Code Ann., GCS § 3-409(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual who knowingly violates § 3–406 of this subtitle is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-409(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-409 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–410
An incarcerated individual in the program is not an agent or employee of the Division.
# Md. Code Ann., GCS § 3-410 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–411
An incarcerated individual’s participation in the program does not affect the incarcerated individual’s eligibility for parole, diminution credits, or other privileges available by law to incarcerated individuals in the custody of the Commissioner.
# Md. Code Ann., GCS § 3-411 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–412
(a)
The Commissioner shall employ correctional employees to monitor and provide security for incarcerated individuals in the program.
# Md. Code Ann., GCS § 3-412(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A correctional employee designated to monitor incarcerated individuals in the program may:
# Md. Code Ann., GCS § 3-412(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
obtain and execute search warrants as authorized under § 3–415 of this subtitle; and
# Md. Code Ann., GCS § 3-412(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
make arrests as authorized under § 2–207 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 3-412(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A correctional employee authorized to make arrests under this section shall:
# Md. Code Ann., GCS § 3-412(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
# Md. Code Ann., GCS § 3-412(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
# Md. Code Ann., GCS § 3-412(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-412 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–413
The Commissioner or the Commissioner’s designee may remove an incarcerated individual from the program at any time and for any reason.
# Md. Code Ann., GCS § 3-413 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–414
(a)
With the Secretary’s approval, the Commissioner shall adopt regulations to implement the program.
# Md. Code Ann., GCS § 3-414(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
# Md. Code Ann., GCS § 3-414(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-414 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–415
(a)
The Commissioner or the Commissioner’s designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an incarcerated individual in the program to search for the incarcerated individual.
# Md. Code Ann., GCS § 3-415(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An application for a search warrant shall:
# Md. Code Ann., GCS § 3-415(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be in writing;
# Md. Code Ann., GCS § 3-415(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be verified by the applicant; and
# Md. Code Ann., GCS § 3-415(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
describe the premises to be searched and the nature, scope, and purpose of the search.
# Md. Code Ann., GCS § 3-415(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A judge who receives an application for a search warrant may issue a warrant on a finding that:
# Md. Code Ann., GCS § 3-415(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the scope of the proposed search is reasonable; and
# Md. Code Ann., GCS § 3-415(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
obtaining consent to enter the premises may jeopardize the attempt to take custody of the incarcerated individual.
# Md. Code Ann., GCS § 3-415(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 3-415(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A search warrant issued under this section shall specify the location of the premises to be searched.
# Md. Code Ann., GCS § 3-415(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
# Md. Code Ann., GCS § 3-415(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
A search warrant issued under this section shall be executed and returned to the issuing judge:
# Md. Code Ann., GCS § 3-415(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
# Md. Code Ann., GCS § 3-415(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
within 15 days after the warrant is issued, if no period is specified in the warrant.
# Md. Code Ann., GCS § 3-415(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-415 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–501
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 3-501(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Chief Executive Officer” means the Chief Executive Officer of Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-501(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Contracting unit” means a unit of State government that is:
# Md. Code Ann., GCS § 3-501(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
authorized to contract for goods and services; or
# Md. Code Ann., GCS § 3-501(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
responsible for procurement of goods and services.
# Md. Code Ann., GCS § 3-501(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Management Council” means the Maryland Correctional Enterprises Management Council.
# Md. Code Ann., GCS § 3-501(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Political subdivision” means a county, municipal corporation, or special taxing district.
# Md. Code Ann., GCS § 3-501(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–502
The purpose of this subtitle is to establish a Maryland Correctional Enterprises organization in the Division that:
(1)
is financially self–supporting, generates revenue for its operations and capital investments, and reimburses the Division at a reasonable rate for services exchanged between the Division and Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-502(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provides meaningful work experiences for incarcerated individuals that are intended to allow incarcerated individuals to improve work habits, attitudes, and skills for the purpose of improving the employability of the incarcerated individuals on release;
# Md. Code Ann., GCS § 3-502(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
seeks to develop industries that provide full–time work experience or rehabilitation programs for all eligible incarcerated individuals;
# Md. Code Ann., GCS § 3-502(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
operates correctional industries in an environment that resembles as closely as possible the environment of private sector business operations; and
# Md. Code Ann., GCS § 3-502(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
makes the Division responsible for and accountable to the Secretary and the Governor for the Maryland Correctional Enterprises program.
# Md. Code Ann., GCS § 3-502(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–503
There is a Maryland Correctional Enterprises organization in the Division.
# Md. Code Ann., GCS § 3-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–504
The Division may exercise any authority necessary to perform properly any of its duties or functions under this subtitle.
# Md. Code Ann., GCS § 3-504 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–505
The Secretary shall appoint a Chief Executive Officer with the approval of the Management Council.
# Md. Code Ann., GCS § 3-505 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–506
(a)
# Md. Code Ann., GCS § 3-506(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Chief Executive Officer:
# Md. Code Ann., GCS § 3-506(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall determine the personnel requirements of Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-506(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is the appointing authority for all personnel of Maryland Correctional Enterprises; and
# Md. Code Ann., GCS § 3-506(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
may hire individuals and incarcerated individuals consistent with existing policies and procedures of Maryland Correctional Enterprises as of July 1, 2012.
# Md. Code Ann., GCS § 3-506(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The number of positions for Maryland Correctional Enterprises shall be included within the total personnel allocations provided for the Department.
# Md. Code Ann., GCS § 3-506(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Special appointment positions in Maryland Correctional Enterprises are managerial, supervisory, and confidential positions.
# Md. Code Ann., GCS § 3-506(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-506 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–507
(a)
The Department shall include the budget for Maryland Correctional Enterprises in the Department’s budget.
# Md. Code Ann., GCS § 3-507(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-507(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Maryland Correctional Enterprises may establish a revolving fund to contain an amount that the Treasurer approves.
# Md. Code Ann., GCS § 3-507(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 3-507(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Subject to the provisions of subparagraph (ii) of this paragraph, the revolving fund may be used for general operating expenses and the purchase of capital assets.
# Md. Code Ann., GCS § 3-507(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The revolving fund may be used to provide financial assistance, up to $250,000 in a fiscal year, to the Division of Correction to establish and operate employment readiness training programs and transitional services to rehabilitate incarcerated individuals currently or previously employed by Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-507(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The revolving fund established under paragraph (1) of this subsection is not subject to § 7–302 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 3-507(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Maryland Correctional Enterprises shall submit an annual statement to the Comptroller and the Treasurer that provides an accurate and detailed accounting of all receipts and disbursements from the revolving fund.
# Md. Code Ann., GCS § 3-507(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
General Fund money may be appropriated to Maryland Correctional Enterprises to be used for the direct expenses of training incarcerated individuals.
# Md. Code Ann., GCS § 3-507(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-507 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–508
(a)
The Division shall:
# Md. Code Ann., GCS § 3-508(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
formulate an accounting and record system that at all times indicates the source, nature, and extent of purchases and sales of Maryland Correctional Enterprises; and
# Md. Code Ann., GCS § 3-508(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
maintain accounting records and prepare financial statements in accordance with generally accepted accounting principles for enterprise fund type activities.
# Md. Code Ann., GCS § 3-508(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The financial statements required under subsection (a)(2) of this section shall be prepared and available for audit purposes not later than 60 days after the close of each fiscal year.
# Md. Code Ann., GCS § 3-508(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-508 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–509
(a)
Annually, the Division shall submit a complete financial and operational report of Maryland Correctional Enterprises and the Maryland Correctional Enterprises revolving fund to:
# Md. Code Ann., GCS § 3-509(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Governor;
# Md. Code Ann., GCS § 3-509(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary; and
# Md. Code Ann., GCS § 3-509(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Secretary of Budget and Management.
# Md. Code Ann., GCS § 3-509(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The report required under subsection (a) of this section shall:
# Md. Code Ann., GCS § 3-509(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be in the same general form as a report by the Division on its operations and programs;
# Md. Code Ann., GCS § 3-509(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
include information about present and projected personnel and compensation requirements of Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-509(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
list the job classifications for incarcerated individual labor in each department and facility under the authority of Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-509(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
list the daily wage scale at each prison for each job classification under the authority of Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-509(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
list the total number of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by facility; and
# Md. Code Ann., GCS § 3-509(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
list the race, age, and sex of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by job classification and wage scale.
# Md. Code Ann., GCS § 3-509(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Governor, the Secretary, and the Secretary of Budget and Management may include data from the report submitted under this section in the preparation of the budget and capital improvement bill.
# Md. Code Ann., GCS § 3-509(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-509 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–511
(a)
The Commissioner and the Chief Executive Officer may develop programs to provide services or produce goods used by:
# Md. Code Ann., GCS § 3-511(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
units of State government;
# Md. Code Ann., GCS § 3-511(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
political subdivisions of the State;
# Md. Code Ann., GCS § 3-511(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
units of the federal government;
# Md. Code Ann., GCS § 3-511(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
units of other states; or
# Md. Code Ann., GCS § 3-511(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
political subdivisions of other states.
# Md. Code Ann., GCS § 3-511(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-511(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commissioner and the Chief Executive Officer, with the approval of the Secretary, may develop training programs to provide construction and construction–related services, as defined in Title 11, Subtitle 1 of the State Finance and Procurement Article, for State correctional facilities.
# Md. Code Ann., GCS § 3-511(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The training programs will be developed in consultation with the Maryland and District of Columbia Building Trades Councils.
# Md. Code Ann., GCS § 3-511(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The programs established under paragraph (1) of this subsection are not subject to:
# Md. Code Ann., GCS § 3-511(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the provisions of § 3–515 of this subtitle; or
# Md. Code Ann., GCS § 3-511(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
except for § 11–101 of the State Finance and Procurement Article, the provisions of Division II of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 3-511(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
A construction project under paragraph (1) of this subsection may not exceed $500,000 in total costs per unrelated project as determined by the Secretary.
# Md. Code Ann., GCS § 3-511(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-511(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this subsection, “personal information” means an individual’s:
# Md. Code Ann., GCS § 3-511(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Social Security number; or
# Md. Code Ann., GCS § 3-511(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
credit card or financial information.
# Md. Code Ann., GCS § 3-511(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A program may not allow an incarcerated individual to have access to the personal information of another.
# Md. Code Ann., GCS § 3-511(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-511 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–512
(a)
In accordance with subsection (b) of this section and after consulting with the Department of General Services, other contracting units, and political subdivisions, the Division and Maryland Correctional Enterprises shall establish uniform standards for quality, quantity, style, design, delivery, scheduling, and pricing.
# Md. Code Ann., GCS § 3-512(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-512(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The uniform standards developed under subsection (a) of this section shall be designed to reflect planned and forecasted product lines and production operations of Maryland Correctional Enterprises, commensurate with the production ability of Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-512(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After review by the Management Council, Maryland Correctional Enterprises shall send the standards to the appropriate contracting units for inclusion in annual goods and service procurement contracts.
# Md. Code Ann., GCS § 3-512(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-512 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–513
(a)
In accordance with subsection (b)(1) of this section, the Commissioner and Chief Executive Officer shall develop programs to provide incarcerated individuals with occupational experience to complement personnel development plans of the State Department of Education and other units of State government serving incarcerated individuals in the Division.
# Md. Code Ann., GCS § 3-513(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-513(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In establishing programs required under subsection (a) of this section, the Commissioner and Chief Executive Officer shall consult with:
# Md. Code Ann., GCS § 3-513(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Assistant Secretary for the Division of Employment and Training, Maryland Department of Labor;
# Md. Code Ann., GCS § 3-513(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Assistant State Superintendent for the Division of Career Technology and Adult Learning, State Department of Education;
# Md. Code Ann., GCS § 3-513(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the Commissioner of the Division of Labor and Industry, Maryland Department of Labor; and
# Md. Code Ann., GCS § 3-513(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the Director of the Correctional Education Program, State Department of Education.
# Md. Code Ann., GCS § 3-513(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The individuals listed in paragraph (1) of this subsection shall provide appropriate assistance to the Commissioner and Chief Executive Officer in carrying out this section.
# Md. Code Ann., GCS § 3-513(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-513 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–514
(a)
The Commissioner and Chief Executive Officer shall establish the compensation rate for incarcerated individual labor in Maryland Correctional Enterprises, taking into consideration other wage payments and incentives in other programs.
# Md. Code Ann., GCS § 3-514(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
After review by the Management Council, and after consideration of any recommendation by the Chief Executive Officer, the Commissioner shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that govern the method and time of compensation payments.
# Md. Code Ann., GCS § 3-514(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-514 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–515
(a)
A unit of State government shall purchase from Maryland Correctional Enterprises any goods or services that are available from Maryland Correctional Enterprises and that Maryland Correctional Enterprises can provide at a price not exceeding the prevailing average market price as determined by the Pricing and Selection Committee for Preferred Providers.
# Md. Code Ann., GCS § 3-515(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Pricing and Selection Committee for Preferred Providers shall review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises:
# Md. Code Ann., GCS § 3-515(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises; and
# Md. Code Ann., GCS § 3-515(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
for new goods or services that Maryland Correctional Enterprises intends to make available.
# Md. Code Ann., GCS § 3-515(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-515(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The contracting unit shall inform each unit of State government for which it procures goods or services within 60 days after the award of a contract.
# Md. Code Ann., GCS § 3-515(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Quarterly, each unit that requires goods or services for its operations shall inform Maryland Correctional Enterprises of its anticipated orders during the next 3–month period.
# Md. Code Ann., GCS § 3-515(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If Maryland Correctional Enterprises is unable to provide any of the goods or services under the contract, Maryland Correctional Enterprises shall notify the contracting unit so that appropriate alternative action may be taken to meet the needs of units of State government for which the contracting unit procures goods or services.
# Md. Code Ann., GCS § 3-515(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Board of Public Works:
# Md. Code Ann., GCS § 3-515(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall suspend the application of subsection (a) of this section if the Board of Public Works finds that the purposes of Division II of the State Finance and Procurement Article are being unduly eroded due to the volume and scope of activities and sales by Maryland Correctional Enterprises; and
# Md. Code Ann., GCS § 3-515(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may suspend the application of subsection (a) of this section for data entry services that involve information that is protected from disclosure under Title 4 of the General Provisions Article.
# Md. Code Ann., GCS § 3-515(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-515 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–516
(a)
Except as authorized under subsection (b) of this section, goods and services of Maryland Correctional Enterprises may not be sold on the open market.
# Md. Code Ann., GCS § 3-516(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Goods and services of Maryland Correctional Enterprises may be sold on the open market:
# Md. Code Ann., GCS § 3-516(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
if they are produced or provided by an individual on parole or in a work release program;
# Md. Code Ann., GCS § 3-516(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if the sale is made to a charitable, civic, educational, fraternal, or religious agency, association, or institution for its own use and not for resale within 1 year of the purchase;
# Md. Code Ann., GCS § 3-516(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
to a person for national defense purposes if not prohibited by an act of Congress;
# Md. Code Ann., GCS § 3-516(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
if they are surplus goods remaining after meeting the forecasted requirements of units of State government and political subdivisions and the goods remain unsold 1 year after being produced;
# Md. Code Ann., GCS § 3-516(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
for use by a contractor or subcontractor in performance of a contract with a unit of State government or any other governmental unit in the State;
# Md. Code Ann., GCS § 3-516(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
as allowed under the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance; or
# Md. Code Ann., GCS § 3-516(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
if they are related to the preparation or distribution of food or services related to agriculture or seafood processing, when the following conditions are met:
# Md. Code Ann., GCS § 3-516(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the State labor pools are diminished; and
# Md. Code Ann., GCS § 3-516(b)(7)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
it has been determined that incarcerated individual labor is the available source.
# Md. Code Ann., GCS § 3-516(b)(7)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-516(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary and the Secretary of Labor shall adopt regulations that specify how to determine the need for incarcerated individual labor under subsection (b)(7) of this section.
# Md. Code Ann., GCS § 3-516(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Wages paid to incarcerated individuals under subsection (b)(7) of this section may not be less than wages paid for similar work in the private sector of the same locality as determined by the Secretary of Labor.
# Md. Code Ann., GCS § 3-516(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Incarcerated individual labor under subsection (b)(7) of this section applies only to incarcerated individuals at the minimum, prerelease, and work release security levels.
# Md. Code Ann., GCS § 3-516(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-516 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–517
There is a Maryland Correctional Enterprises Management Council in the Division.
# Md. Code Ann., GCS § 3-517 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–518
(a)
The Management Council consists of the following 15 members:
# Md. Code Ann., GCS § 3-518(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Commissioner;
# Md. Code Ann., GCS § 3-518(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a representative of the Comptroller of the Treasury, appointed by the State Comptroller;
# Md. Code Ann., GCS § 3-518(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Chief Executive Officer;
# Md. Code Ann., GCS § 3-518(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a member of the House of Delegates, appointed by the Speaker of the House of Delegates;
# Md. Code Ann., GCS § 3-518(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
a member of the Senate, appointed by the President of the Senate;
# Md. Code Ann., GCS § 3-518(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
a representative of the University System of Maryland, appointed by the Chancellor;
# Md. Code Ann., GCS § 3-518(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
a representative of the State Department of Education, appointed by the Governor;
# Md. Code Ann., GCS § 3-518(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
a representative of the Maryland Department of Labor, appointed by the Governor;
# Md. Code Ann., GCS § 3-518(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
a representative of the Governor’s Office of Crime Prevention and Policy, appointed by the Governor;
# Md. Code Ann., GCS § 3-518(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
two representatives of organized labor, one from the public sector and one from the private sector, appointed by the Governor in accordance with subsection (b) of this section;
# Md. Code Ann., GCS § 3-518(a)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
a judge, appointed by the Chief Justice of the Supreme Court of Maryland;
# Md. Code Ann., GCS § 3-518(a)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
two representatives of the business community selected from the fields of manufacturing, services, finance, and information technology, appointed by the Governor in accordance with subsection (b) of this section; and
# Md. Code Ann., GCS § 3-518(a)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
one representative of a nonprofit organization, appointed by the Governor in accordance with subsection (b) of this section.
# Md. Code Ann., GCS § 3-518(a)(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-518(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The term of a member appointed under subsection (a)(10), (12), and (13) of this section is 3 years.
# Md. Code Ann., GCS § 3-518(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the end of a term the member continues to serve until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 3-518(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A member appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 3-518(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-518 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–519
(a)
The Management Council annually shall elect a Chairperson.
# Md. Code Ann., GCS § 3-519(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The manner of election shall be as the Management Council determines.
# Md. Code Ann., GCS § 3-519(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-519 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–520
(a)
The Management Council shall determine the times and places of its meetings.
# Md. Code Ann., GCS § 3-520(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Eight members of the Management Council constitute a quorum.
# Md. Code Ann., GCS § 3-520(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A member of the Management Council:
# Md. Code Ann., GCS § 3-520(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not receive compensation for membership on the Management Council; but
# Md. Code Ann., GCS § 3-520(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 3-520(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Except as provided in subsection (e) of this section, the State, the Management Council, and the members and employees of the Management Council may not be held liable for any act or omission of the Management Council or any member or employee of the Management Council in connection with the performance of their duties.
# Md. Code Ann., GCS § 3-520(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Subsection (d) of this section does not apply in the case of willful malfeasance or breach of trust by the State, the Management Council, or any member or employee of the Management Council.
# Md. Code Ann., GCS § 3-520(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The Secretary shall employ staff for the Management Council to be paid out of funds from Maryland Correctional Enterprises, in accordance with the State budget.
# Md. Code Ann., GCS § 3-520(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 3-520(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
For fiscal year 2000 and each fiscal year thereafter, the Management Council shall prepare a budget for submission to the Secretary.
# Md. Code Ann., GCS § 3-520(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall request an appropriation for the Management Council in the annual State budget sufficient for the operation of the Council.
# Md. Code Ann., GCS § 3-520(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-520 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–521
(a)
# Md. Code Ann., GCS § 3-521(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Management Council shall:
# Md. Code Ann., GCS § 3-521(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
advise Maryland Correctional Enterprises on its specific proposals to establish new industries and improve the quality and quantity of job training programs; and
# Md. Code Ann., GCS § 3-521(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
recommend the establishment and maintenance of industrial plants and service centers to be used for implementing the programs developed by the Commissioner and Chief Executive Officer under § 3–511 of this subtitle.
# Md. Code Ann., GCS § 3-521(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Maryland Correctional Enterprises shall operate industrial plants and service centers recommended under paragraph (1)(ii) of this subsection primarily with incarcerated individuals in a manner that benefits the State and the training of incarcerated individuals by producing goods or providing services that are practical and adaptable for a prison industry.
# Md. Code Ann., GCS § 3-521(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Management Council shall:
# Md. Code Ann., GCS § 3-521(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
review the operation of the programs of Maryland Correctional Enterprises to determine whether:
# Md. Code Ann., GCS § 3-521(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
there is undue competition with private enterprise and recommend necessary adjustments to prevent undue competition; and
# Md. Code Ann., GCS § 3-521(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
there is any negative impact on workers in the State, including wage depression or job displacement;
# Md. Code Ann., GCS § 3-521(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
review the standards for goods and services and the pricing schedules as recommended by the Chief Executive Officer; and
# Md. Code Ann., GCS § 3-521(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
review the occupational health and safety record of programs and other working conditions of incarcerated individuals in the programs of Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-521(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Management Council shall:
# Md. Code Ann., GCS § 3-521(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
review the success of Maryland Correctional Enterprises in:
# Md. Code Ann., GCS § 3-521(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
meeting the employability development needs of incarcerated individuals; and
# Md. Code Ann., GCS § 3-521(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
coordinating work programs with other rehabilitative programs;
# Md. Code Ann., GCS § 3-521(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
solicit and review information pertaining to concerns of participating incarcerated individuals; and
# Md. Code Ann., GCS § 3-521(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
recommend changes as necessary to meet the goals and objectives of Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-521(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Management Council shall:
# Md. Code Ann., GCS § 3-521(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
solicit ideas, proposals, and suggestions from business representatives, nonprofit organizations, government entities, and members of the public as to how Maryland Correctional Enterprises could enhance the work experience of incarcerated individuals and increase the ability of incarcerated individuals to obtain gainful employment after release;
# Md. Code Ann., GCS § 3-521(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
review and recommend opportunities with private sector employers to expand the Prison Industries Enhancement Program;
# Md. Code Ann., GCS § 3-521(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
review and identify ways to improve the business practices of Maryland Correctional Enterprises in its sales, marketing, inventory, warehousing, and product line operations;
# Md. Code Ann., GCS § 3-521(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
monitor customer satisfaction with price, quality, delivery, and after delivery service; and
# Md. Code Ann., GCS § 3-521(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
review and comment on the operating and capital budgets of Maryland Correctional Enterprises, including cash forecasts.
# Md. Code Ann., GCS § 3-521(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-521 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–522
On or before October 1 of each year, the Management Council shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual report summarizing the Management Council’s activities and recommendations.
# Md. Code Ann., GCS § 3-522 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–523
All State and local governmental units shall cooperate with the Management Council in the discharge of its powers and duties, including requests for information associated with its purpose under this subtitle.
# Md. Code Ann., GCS § 3-523 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–524
There is a Customer Council created to advise the Chief Executive Officer.
# Md. Code Ann., GCS § 3-524 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–525
The Customer Council shall consist of the following 11 members:
(1)
the Chief Executive Officer;
# Md. Code Ann., GCS § 3-525(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
one representative from each of the following State agencies, appointed by the Secretary of the respective agency:
# Md. Code Ann., GCS § 3-525(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Department of Budget and Management;
# Md. Code Ann., GCS § 3-525(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Department of Commerce;
# Md. Code Ann., GCS § 3-525(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the Department of General Services;
# Md. Code Ann., GCS § 3-525(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the Maryland Department of Health;
# Md. Code Ann., GCS § 3-525(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the Department of Human Services;
# Md. Code Ann., GCS § 3-525(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
the Department of Transportation; and
# Md. Code Ann., GCS § 3-525(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
the Maryland Higher Education Commission; and
# Md. Code Ann., GCS § 3-525(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
three customers recommended by the Chief Executive Officer and appointed by the Governor.
# Md. Code Ann., GCS § 3-525(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-525 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–526
The Chief Executive Officer shall serve as chairperson of the Customer Council.
# Md. Code Ann., GCS § 3-526 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–527
(a)
The Customer Council shall meet quarterly.
# Md. Code Ann., GCS § 3-527(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A member of the Customer Council:
# Md. Code Ann., GCS § 3-527(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not receive compensation for membership on the Customer Council; but
# Md. Code Ann., GCS § 3-527(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 3-527(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-527 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–528
(a)
The Customer Council shall:
# Md. Code Ann., GCS § 3-528(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
review the products and services of Maryland Correctional Enterprises;
# Md. Code Ann., GCS § 3-528(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
advise the Chief Executive Officer on quality, availability, style, design, delivery, scheduling, and pricing;
# Md. Code Ann., GCS § 3-528(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
recommend new products and services;
# Md. Code Ann., GCS § 3-528(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
annually review the catalog of Maryland Correctional Enterprises products and recommend changes to improve the catalog;
# Md. Code Ann., GCS § 3-528(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
recommend sales, marketing, and customer satisfaction initiatives;
# Md. Code Ann., GCS § 3-528(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
annually review the Maryland Correctional Enterprises business plan; and
# Md. Code Ann., GCS § 3-528(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
serve as a forum for raising and discussing issues related to any product or service offered by Maryland Correctional Enterprises.
# Md. Code Ann., GCS § 3-528(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Chief Executive Officer shall present a summary of Customer Council activities and recommendations to the Management Council, as provided in § 3-521(b) of this subtitle following each meeting.
# Md. Code Ann., GCS § 3-528(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-528 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–601
(a)
In this section, “risk and needs assessment” has the meaning stated in § 6–101 of this article.
# Md. Code Ann., GCS § 3-601(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Promptly after an incarcerated individual is sentenced to the jurisdiction of the Division, the Division shall assemble an adequate case record for the incarcerated individual that includes:
# Md. Code Ann., GCS § 3-601(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a description of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a photograph of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the family history of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the educational, vocational, and job history of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
any previous record of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
a summary of the facts of each case for which the incarcerated individual is serving a sentence; and
# Md. Code Ann., GCS § 3-601(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
as required under subsection (c) of this section, the results of:
# Md. Code Ann., GCS § 3-601(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a risk and needs assessment of the incarcerated individual;
# Md. Code Ann., GCS § 3-601(b)(7)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the physical and mental examination of the incarcerated individual; and
# Md. Code Ann., GCS § 3-601(b)(7)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the educational, vocational, and job history interview of the incarcerated individual.
# Md. Code Ann., GCS § 3-601(b)(7)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division shall conduct, for each incarcerated individual, as soon as feasible after the individual is sentenced to the jurisdiction of the Division:
# Md. Code Ann., GCS § 3-601(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a risk and needs assessment;
# Md. Code Ann., GCS § 3-601(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a physical and mental examination; and
# Md. Code Ann., GCS § 3-601(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
an educational, vocational, and job history interview.
# Md. Code Ann., GCS § 3-601(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 3-601(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Based on the information assembled under subsection (b) of this section, the Division shall classify an incarcerated individual and develop a case plan to guide an incarcerated individual’s rehabilitation while under the custody of the Division.
# Md. Code Ann., GCS § 3-601(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The case plan developed under this subsection shall include:
# Md. Code Ann., GCS § 3-601(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
programming and treatment recommendations based on the results of the risk and needs assessment conducted under subsection (c) of this section;
# Md. Code Ann., GCS § 3-601(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
required conduct in accordance with the rules and policies of the Division; and
# Md. Code Ann., GCS § 3-601(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a plan for the payment of restitution, not to supersede any payment plan established by the court, if restitution has been ordered.
# Md. Code Ann., GCS § 3-601(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
In accordance with regulations adopted by the Division, the managing official of each correctional facility shall maintain, as a part of an incarcerated individual’s case record:
# Md. Code Ann., GCS § 3-601(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an adequate record of the conduct, effort, and progress of the incarcerated individual during confinement; and
# Md. Code Ann., GCS § 3-601(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a record of the character of any offense committed by the incarcerated individual and the nature and amount of punishment inflicted.
# Md. Code Ann., GCS § 3-601(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
To identify an incarcerated individual, the Division may photograph and fingerprint the incarcerated individual and record a description of the incarcerated individual’s personal background data.
# Md. Code Ann., GCS § 3-601(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–602
(a)
Except as otherwise provided in this subtitle, the contents of a case record maintained under § 3–601 of this subtitle may not be disclosed.
# Md. Code Ann., GCS § 3-602(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The contents of a case record may be disclosed:
# Md. Code Ann., GCS § 3-602(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
if the record is necessary to ensure proper medical treatment, to a provider of medical services to the incarcerated individual;
# Md. Code Ann., GCS § 3-602(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
to the incarcerated individual’s attorney;
# Md. Code Ann., GCS § 3-602(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
to a person authorized by a court order;
# Md. Code Ann., GCS § 3-602(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
to a person expressly authorized by law;
# Md. Code Ann., GCS § 3-602(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
to a judge of a State court;
# Md. Code Ann., GCS § 3-602(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
to a State’s Attorney;
# Md. Code Ann., GCS § 3-602(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
to an employee of any State unit or a federal or local law enforcement unit, if disclosure is in furtherance of the employee’s lawful duties; and
# Md. Code Ann., GCS § 3-602(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
on written request, to a person who has written authorization for the disclosure from the incarcerated individual.
# Md. Code Ann., GCS § 3-602(b)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Except for a disclosure under subsection (b)(5) or (6) of this section, an incarcerated individual’s case record may be disclosed only if the managing official of the correctional facility:
# Md. Code Ann., GCS § 3-602(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
approves the disclosure; and
# Md. Code Ann., GCS § 3-602(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is satisfied that:
# Md. Code Ann., GCS § 3-602(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
each applicable condition set forth in subsection (b) of this section has been met;
# Md. Code Ann., GCS § 3-602(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the record will be used solely for the legitimate purposes of the person or governmental unit that receives it and not for any improper or unauthorized purpose; and
# Md. Code Ann., GCS § 3-602(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the record will not be further disseminated to a person or governmental unit not authorized to receive it.
# Md. Code Ann., GCS § 3-602(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commissioner shall adopt regulations in accordance with this section to establish procedures that govern the disclosure of an incarcerated individual’s case record.
# Md. Code Ann., GCS § 3-602(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-602 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–603
The managing official of a correctional facility shall present a copy of an incarcerated individual’s case record maintained under § 3–601 of this subtitle, or a summary of the record, to the Maryland Parole Commission:
(1)
by the time the incarcerated individual becomes eligible for parole; and
# Md. Code Ann., GCS § 3-603(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at other times on request.
# Md. Code Ann., GCS § 3-603(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-603 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–604
(a)
If an incarcerated individual is granted a rehearing or new trial by a court asserting jurisdiction over an offense for which the incarcerated individual is confined and the case record maintained under § 3–601 of this subtitle must be provided to the court or a correctional facility to which the incarcerated individual is transferred, the State shall reimburse the correctional facility or political subdivision for the cost of providing the record.
# Md. Code Ann., GCS § 3-604(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The State shall make the payment described under subsection (a) of this section:
# Md. Code Ann., GCS § 3-604(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
through the Administrative Office of the Courts;
# Md. Code Ann., GCS § 3-604(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
after proper certification; and
# Md. Code Ann., GCS § 3-604(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
on a monthly basis.
# Md. Code Ann., GCS § 3-604(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-604 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–605
If, in the trial of a criminal case, the fact that an individual was previously convicted of a crime is admissible in evidence, the case record maintained under § 3-601 of this subtitle is admissible in evidence to prove the fact of the conviction and of the crime for which the individual was convicted.
# Md. Code Ann., GCS § 3-605 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–606
On request, the Division shall provide a copy of a case record maintained under § 3-601 of this subtitle to a managing official of:
(1)
a correctional facility in another state if that state has made reciprocal provisions by law for providing records of its convicted criminals to the authorities of other states;
# Md. Code Ann., GCS § 3-606(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a federal correctional facility; and
# Md. Code Ann., GCS § 3-606(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a local correctional facility.
# Md. Code Ann., GCS § 3-606(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-606 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–607
(a)
The Division shall provide a copy of a case record maintained under § 3–601 of this subtitle to a police officer who presents an order for a copy of the record signed by the superintendent or other officer in charge of police in a municipal corporation or county.
# Md. Code Ann., GCS § 3-607(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
On or before the 28th day of each month, the Division shall provide to the superintendent or other officer in charge of police in the municipal corporation or county from which the incarcerated individual was committed the following information about each incarcerated individual whose sentence expires the following month:
# Md. Code Ann., GCS § 3-607(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the incarcerated individual’s name;
# Md. Code Ann., GCS § 3-607(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the date when the incarcerated individual’s sentence commenced;
# Md. Code Ann., GCS § 3-607(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the county from which the incarcerated individual was committed;
# Md. Code Ann., GCS § 3-607(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the crime for which the incarcerated individual was committed; and
# Md. Code Ann., GCS § 3-607(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the exact date when the incarcerated individual will be discharged.
# Md. Code Ann., GCS § 3-607(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-607 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–608
(a)
To increase efficiency in the treatment, management, and rehabilitation of incarcerated individuals confined in correctional facilities in the Division, the Division and the Division of Parole and Probation shall exchange records and any other pertinent information that relates to an incarcerated individual.
# Md. Code Ann., GCS § 3-608(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division and the Division of Parole and Probation shall establish the procedures and methods for the exchange of records and other information described in subsection (a) of this section.
# Md. Code Ann., GCS § 3-608(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-608 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–609
(a)
A correctional facility in the Division shall maintain a reserve financial account and a spending financial account for each incarcerated individual in the correctional facility.
# Md. Code Ann., GCS § 3-609(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The accounts of an incarcerated individual may be charged for:
# Md. Code Ann., GCS § 3-609(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the reasonable value of any State property that the incarcerated individual:
# Md. Code Ann., GCS § 3-609(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
willfully or maliciously destroys; or
# Md. Code Ann., GCS § 3-609(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
destroys as the result of gross negligence; or
# Md. Code Ann., GCS § 3-609(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
any fees assessed under § 2–118 of this article.
# Md. Code Ann., GCS § 3-609(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner shall adopt regulations that:
# Md. Code Ann., GCS § 3-609(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
set forth those items that may be credited to or disbursed from an account under this section; and
# Md. Code Ann., GCS § 3-609(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
set forth procedures for carrying out this section, including procedures that provide due process of law to each incarcerated individual before the incarcerated individual’s accounts may be charged with a disbursement under subsection (b) of this section.
# Md. Code Ann., GCS § 3-609(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-609 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–611
# Md. Code Ann., GCS § 3-611 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–701
In this subtitle, “term of confinement” means:
(1)
the length of the sentence, for a single sentence; or
# Md. Code Ann., GCS § 3-701(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the period from the first day of the sentence that begins first through the last day of the sentence that ends last, for:
# Md. Code Ann., GCS § 3-701(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
concurrent sentences;
# Md. Code Ann., GCS § 3-701(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
partially concurrent sentences;
# Md. Code Ann., GCS § 3-701(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
consecutive sentences; or
# Md. Code Ann., GCS § 3-701(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a combination of concurrent and consecutive sentences.
# Md. Code Ann., GCS § 3-701(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–702
(a)
Subject to subsections (b) and (c) of this section, § 3–711 of this subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the custody of the Commissioner is entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
# Md. Code Ann., GCS § 3-702(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-702(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
# Md. Code Ann., GCS § 3-702(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.
# Md. Code Ann., GCS § 3-702(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle, if the incarcerated individual was previously convicted of a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years.
# Md. Code Ann., GCS § 3-702(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-702 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–703
Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this subtitle only from the date that the incarcerated individual is received into the physical custody of the Commissioner.
# Md. Code Ann., GCS § 3-703 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–704
(a)
An incarcerated individual shall be allowed a deduction in advance from the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 3-704(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-704(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The deduction allowed under subsection (a) of this section shall be calculated:
# Md. Code Ann., GCS § 3-704(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
from the first day of commitment to the custody of the Commissioner through the last day of the incarcerated individual’s term of confinement;
# Md. Code Ann., GCS § 3-704(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
except as provided in paragraph (2) of this subsection, at the rate of 10 days for each calendar month; and
# Md. Code Ann., GCS § 3-704(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
on a prorated basis for any portion of a calendar month.
# Md. Code Ann., GCS § 3-704(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article, the deduction described in subsection (a) of this section shall be calculated at the rate of 5 days for each calendar month.
# Md. Code Ann., GCS § 3-704(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A deduction under this section may not be allowed for a period during which an incarcerated individual does not receive credit for service of the incarcerated individual’s term of confinement, including a period:
# Md. Code Ann., GCS § 3-704(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
during which the incarcerated individual’s sentence is stayed;
# Md. Code Ann., GCS § 3-704(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
during which the incarcerated individual is not in the custody of the Commissioner because of escape; or
# Md. Code Ann., GCS § 3-704(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
for which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.
# Md. Code Ann., GCS § 3-704(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-704 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–705
(a)
# Md. Code Ann., GCS § 3-705(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory performance of assigned work tasks.
# Md. Code Ann., GCS § 3-705(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The deduction described in paragraph (1) of this subsection shall be calculated:
# Md. Code Ann., GCS § 3-705(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
from the first day that the work task is performed; and
# Md. Code Ann., GCS § 3-705(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the work task.
# Md. Code Ann., GCS § 3-705(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall adopt regulations governing the determination of deductions authorized under this section.
# Md. Code Ann., GCS § 3-705(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-705 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–706
(a)
In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in or completion of:
# Md. Code Ann., GCS § 3-706(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
vocational courses;
# Md. Code Ann., GCS § 3-706(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
other educational and training courses;
# Md. Code Ann., GCS § 3-706(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
workforce development training;
# Md. Code Ann., GCS § 3-706(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
cognitive–behavioral therapy;
# Md. Code Ann., GCS § 3-706(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
substance abuse therapy;
# Md. Code Ann., GCS § 3-706(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
life skills training; or
# Md. Code Ann., GCS § 3-706(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
antiviolence therapy, including anger management and conflict resolution.
# Md. Code Ann., GCS § 3-706(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The deduction described in subsection (a) of this section shall be calculated:
# Md. Code Ann., GCS § 3-706(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
from the first day that the incarcerated individual participates in the course; and
# Md. Code Ann., GCS § 3-706(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the course.
# Md. Code Ann., GCS § 3-706(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-706 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–706.1
(a)
In addition to any other deductions allowed under this subtitle, as an incentive to reduce a term of incarceration, an incarcerated individual may be allowed a deduction from the incarcerated individual’s term of confinement if the incarcerated individual successfully obtains:
# Md. Code Ann., GCS § 3-706.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an intermediate high academic certificate;
# Md. Code Ann., GCS § 3-706.1(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
not more than one certificate of completion of a technical or vocational training program that required at least 600 hours of coursework and is approved by the Secretary of Labor and the Commissioner;
# Md. Code Ann., GCS § 3-706.1(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a State High School Diploma by Examination under § 11–808 of the Labor and Employment Article;
# Md. Code Ann., GCS § 3-706.1(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a high school diploma;
# Md. Code Ann., GCS § 3-706.1(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
not more than one associate degree; or
# Md. Code Ann., GCS § 3-706.1(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
not more than one bachelor’s degree.
# Md. Code Ann., GCS § 3-706.1(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-706.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraphs (2) and (3) of this subsection, the deduction allowed under subsection (a) of this section shall be 60 days per program completed.
# Md. Code Ann., GCS § 3-706.1(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except as provided in paragraph (3) of this subsection, for an incarcerated individual who is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, the deduction allowed under subsection (a) of this section shall be 40 days per program completed.
# Md. Code Ann., GCS § 3-706.1(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual who is serving a sentence for murder in the first degree or a sexual offense for which registration under Title 11, Subtitle 7 of the Criminal Procedure Article is required is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this section.
# Md. Code Ann., GCS § 3-706.1(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The deduction allowed under this subsection shall be in addition to any other deduction awarded under this subtitle.
# Md. Code Ann., GCS § 3-706.1(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner shall establish a uniform system of deductions and participation criteria allowed under subsection (a) of this section.
# Md. Code Ann., GCS § 3-706.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-706.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–707
(a)
# Md. Code Ann., GCS § 3-707(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, in addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in those special selected work projects or other special programs, including recidivism reduction programming, designated by the Commissioner and approved by the Secretary.
# Md. Code Ann., GCS § 3-707(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The deduction described in paragraph (1) of this subsection shall be calculated at the rate of up to 10 days for each calendar month, if an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for:
# Md. Code Ann., GCS § 3-707(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a crime of violence, as defined in § 14–101 of the Criminal Law Article;
# Md. Code Ann., GCS § 3-707(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; or
# Md. Code Ann., GCS § 3-707(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-707(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A deduction described in subsection (a) of this section shall be calculated:
# Md. Code Ann., GCS § 3-707(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
from the first day that the incarcerated individual is assigned to the work project or program; and
# Md. Code Ann., GCS § 3-707(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the work project or program.
# Md. Code Ann., GCS § 3-707(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-707 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–708
Except as provided in § 3–706.1 of this subtitle, and notwithstanding any other provision of this subtitle, an incarcerated individual may not be allowed a deduction under this subtitle of more than:
(1)
20 days for a calendar month for an incarcerated individual described in § 3–707(a)(2) of this subtitle; and
# Md. Code Ann., GCS § 3-708(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
30 days for a calendar month for all other incarcerated individuals.
# Md. Code Ann., GCS § 3-708(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-708 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–709
(a)
If an incarcerated individual violates the applicable rules of discipline, the Division may revoke a portion or all of the diminution credits awarded under §§ 3–704 (good conduct) and 3–707 (special projects) of this subtitle according to the nature and frequency of the violation.
# Md. Code Ann., GCS § 3-709(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section does not affect the diminution credits awarded under §§ 3–705 (work tasks) and 3–706 (education) of this subtitle.
# Md. Code Ann., GCS § 3-709(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-709(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division may restore diminution credits revoked under this section.
# Md. Code Ann., GCS § 3-709(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner shall adopt regulations governing the restoration of revoked diminution credits.
# Md. Code Ann., GCS § 3-709(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-709 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–710
If an incarcerated individual in the Patuxent Institution or a correctional facility in the Division is admitted to a mental health facility under § 10–614 of the Health – General Article, the incarcerated individual may be allowed diminution credits under this subtitle.
# Md. Code Ann., GCS § 3-710 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–711
If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on parole and the parole is revoked, diminution credits that were awarded before the incarcerated individual’s release on parole may not be applied toward the incarcerated individual’s term of confinement on return to the Division.
# Md. Code Ann., GCS § 3-711 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–801
(a)
The Division may establish a work–release program.
# Md. Code Ann., GCS § 3-801(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Under the work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division may be granted the privilege of leaving actual confinement during necessary and reasonable hours:
# Md. Code Ann., GCS § 3-801(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
to work at gainful public or private employment;
# Md. Code Ann., GCS § 3-801(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
to attend school; or
# Md. Code Ann., GCS § 3-801(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
under appropriate conditions, to seek employment.
# Md. Code Ann., GCS § 3-801(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-801(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual may apply to the warden of the correctional facility in which the incarcerated individual is confined for permission to participate in the program.
# Md. Code Ann., GCS § 3-801(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An application shall include:
# Md. Code Ann., GCS § 3-801(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a statement by the incarcerated individual that the incarcerated individual agrees to abide by all terms and conditions of the particular plan that the Commissioner or the Commissioner’s designee adopts for the incarcerated individual;
# Md. Code Ann., GCS § 3-801(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the name and address of a proposed employer or school training program, if any; and
# Md. Code Ann., GCS § 3-801(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
any other information that the Division or the Commissioner requires, including the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
# Md. Code Ann., GCS § 3-801(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 3-801(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A warden may recommend an incarcerated individual’s application to the Commissioner.
# Md. Code Ann., GCS § 3-801(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the application.
# Md. Code Ann., GCS § 3-801(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an incarcerated individual’s application is approved, the Commissioner or the Commissioner’s designee shall adopt a work–release plan for the incarcerated individual that:
# Md. Code Ann., GCS § 3-801(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
contains terms and conditions that are necessary and proper;
# Md. Code Ann., GCS § 3-801(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
may include the incarcerated individual’s waiver of the right to contest extradition proceedings; and
# Md. Code Ann., GCS § 3-801(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is signed by the incarcerated individual before the incarcerated individual participates in the work–release program.
# Md. Code Ann., GCS § 3-801(d)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the work–release program.
# Md. Code Ann., GCS § 3-801(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-801 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–802
(a)
The Commissioner may grant weekend leave to an incarcerated individual if:
# Md. Code Ann., GCS § 3-802(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the incarcerated individual has participated for at least 2 months in the work–release program established under § 3–801 of this subtitle; and
# Md. Code Ann., GCS § 3-802(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the incarcerated individual’s direct Division supervisor in the work–release program recommends the incarcerated individual for weekend leave.
# Md. Code Ann., GCS § 3-802(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner shall:
# Md. Code Ann., GCS § 3-802(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
determine whether to grant authorization for weekend leave; and
# Md. Code Ann., GCS § 3-802(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
establish terms and conditions for weekend leave, which may include the incarcerated individual’s waiver of the right to contest extradition proceedings.
# Md. Code Ann., GCS § 3-802(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Weekend leave may not begin before 6 p.m. Friday or end after 6 p.m. on the Sunday that immediately follows.
# Md. Code Ann., GCS § 3-802(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-802 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–803
(a)
# Md. Code Ann., GCS § 3-803(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division shall designate correctional facilities in the Division to house incarcerated individuals in the work–release program established under § 3–801 of this subtitle.
# Md. Code Ann., GCS § 3-803(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the designated facilities are not reasonably near the place of employment of an incarcerated individual who is in the work–release program, the Division may contract with a political subdivision of the State to house the incarcerated individual in a suitable local correctional facility.
# Md. Code Ann., GCS § 3-803(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commissioner shall include as a specific term or condition of an incarcerated individual’s work–release plan the place where the incarcerated individual is to be confined when not released under the work–release program.
# Md. Code Ann., GCS § 3-803(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-803(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who is released from actual confinement under a work–release plan may not willfully fail to return to the designated place of confinement at the designated times.
# Md. Code Ann., GCS § 3-803(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-803(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-803 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–804
(a)
An incarcerated individual who is employed in the community under a work–release plan shall surrender to the Division the incarcerated individual’s total earnings less any payroll deductions required by law.
# Md. Code Ann., GCS § 3-804(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-804(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division shall deduct from the incarcerated individual’s earnings in the following order of priority:
# Md. Code Ann., GCS § 3-804(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
an amount the Division determines to be the cost to the State of providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 3-804(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
fees assessed under § 2–118 of this article;
# Md. Code Ann., GCS § 3-804(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual confinement under the work–release program;
# Md. Code Ann., GCS § 3-804(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
subject to paragraph (3) of this subsection, any amount that the incarcerated individual is legally obligated to pay to support the incarcerated individual’s dependents; and
# Md. Code Ann., GCS § 3-804(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the amount that a court orders to be paid as restitution.
# Md. Code Ann., GCS § 3-804(b)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Any balance that remains after the deductions are made under subsection (a) of this section shall be:
# Md. Code Ann., GCS § 3-804(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credited to the incarcerated individual’s account; and
# Md. Code Ann., GCS § 3-804(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
paid to the incarcerated individual on release.
# Md. Code Ann., GCS § 3-804(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Any amount deducted under paragraph (1)(iv) of this subsection shall be paid to an incarcerated individual’s dependents through the local social services administration in the county in which the dependents reside.
# Md. Code Ann., GCS § 3-804(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If any part of the incarcerated individual’s final earnings under a work–release plan are required to satisfy the obligatory deductions set forth in subsection (b) of this section, the balance of those earnings shall be forwarded to the incarcerated individual within 15 days after the incarcerated individual’s release from the Division’s jurisdiction.
# Md. Code Ann., GCS § 3-804(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-804 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–805
(a)
An incarcerated individual who is employed in the community as a participant in the work–release program established under § 3–801 of this subtitle is not an agent, employee, or involuntary servant of the Division while released from confinement under the terms of a work–release plan.
# Md. Code Ann., GCS § 3-805(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Title 10, Subtitle 3 of this article does not apply when an incarcerated individual released under a work–release plan sustains an injury while engaged in gainful private employment.
# Md. Code Ann., GCS § 3-805(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-805 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–806
Sections 3–801 through 3–805 of this subtitle do not affect:
(1)
an incarcerated individual’s eligibility for parole, as provided in Title 7 of this article; or
# Md. Code Ann., GCS § 3-806(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
diminution of an incarcerated individual’s term of confinement, as provided in Subtitle 7 of this title.
# Md. Code Ann., GCS § 3-806(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-806 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–807
(a)
The Division may establish an extended work–release program.
# Md. Code Ann., GCS § 3-807(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Under the extended work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division for desertion or nonsupport of a spouse, child, or destitute parent may be granted the privilege of leaving actual confinement:
# Md. Code Ann., GCS § 3-807(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
to work at gainful employment;
# Md. Code Ann., GCS § 3-807(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
to live in a noninstitutional environment; or
# Md. Code Ann., GCS § 3-807(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
under appropriate conditions, to live at home under intensive supervision by the Division of Parole and Probation.
# Md. Code Ann., GCS § 3-807(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
When an incarcerated individual who has been convicted of desertion or nonsupport of a spouse, child, or destitute parent is first received at a correctional facility in the Division, the Division of Parole and Probation shall cause an investigation to be made to enable the Commissioner or the Commissioner’s designee to determine the advisability of placing the incarcerated individual in the extended work–release program.
# Md. Code Ann., GCS § 3-807(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 3-807(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 3-807(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
After reviewing the results of the investigation described in subsection (c) of this section, the Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the placement of an incarcerated individual in the extended work–release program.
# Md. Code Ann., GCS § 3-807(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual is approved for placement in the extended work–release program, the Commissioner or the Commissioner’s designee shall adopt an extended work–release plan for the incarcerated individual.
# Md. Code Ann., GCS § 3-807(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An extended work–release plan:
# Md. Code Ann., GCS § 3-807(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall contain terms and conditions that are necessary and proper;
# Md. Code Ann., GCS § 3-807(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
shall be signed by the incarcerated individual before the incarcerated individual participates in the program; and
# Md. Code Ann., GCS § 3-807(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
# Md. Code Ann., GCS § 3-807(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the extended work–release program.
# Md. Code Ann., GCS § 3-807(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
In addition to any other terms and conditions contained in an extended work–release plan, a plan may provide:
# Md. Code Ann., GCS § 3-807(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
that the incarcerated individual’s earnings be used to support the incarcerated individual’s family and reimburse the State for the incarcerated individual’s room and board; and
# Md. Code Ann., GCS § 3-807(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 3-807(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
that the incarcerated individual work at gainful employment during necessary and reasonable hours;
# Md. Code Ann., GCS § 3-807(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
that the incarcerated individual live in a controlled but noninstitutional environment, under intensive supervision by the Division of Parole and Probation; or
# Md. Code Ann., GCS § 3-807(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
in special cases, to serve the general welfare and the best interests of the incarcerated individual’s family and to ensure family unity and more effective rehabilitation after expiration of sentence, that the incarcerated individual live at home under intensive supervision by the Division of Parole and Probation.
# Md. Code Ann., GCS § 3-807(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 3-807(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who has been placed in an extended work–release plan, including an incarcerated individual who has been allowed to live at home or elsewhere, is deemed to be in the custody of the Commissioner to the same extent, and subject to the same supervision and control, as an incarcerated individual who is actually confined in a correctional facility until the incarcerated individual:
# Md. Code Ann., GCS § 3-807(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is pardoned or paroled; or
# Md. Code Ann., GCS § 3-807(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has served the incarcerated individual’s full sentence less any diminution credits awarded under Subtitle 7 of this title.
# Md. Code Ann., GCS § 3-807(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Commissioner revokes an extended work–release plan, the incarcerated individual shall be returned to actual confinement in a correctional facility until a new plan is approved for the incarcerated individual.
# Md. Code Ann., GCS § 3-807(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
Other State units, including the Department of Human Services and the Division of Parole and Probation, shall cooperate with the Division to implement and accomplish the objectives of the extended work–release program.
# Md. Code Ann., GCS § 3-807(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The Commissioner may adopt regulations to implement the extended work–release program.
# Md. Code Ann., GCS § 3-807(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 3-807(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who is released from actual confinement under an extended work–release program may not willfully violate the terms of authorization for release in the incarcerated individual’s extended work–release plan.
# Md. Code Ann., GCS § 3-807(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who knowingly violates paragraph (1) of this subsection is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-807(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-807 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–808
(a)
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant compassionate leave to an incarcerated individual confined in a correctional facility in the Division to visit a member of the incarcerated individual’s immediate family who is seriously ill or attend the funeral of a member of the incarcerated individual’s immediate family.
# Md. Code Ann., GCS § 3-808(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-808(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
When granting compassionate leave to an incarcerated individual, the Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration shall:
# Md. Code Ann., GCS § 3-808(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
issue a written authorization that:
# Md. Code Ann., GCS § 3-808(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
specifies the conditions of the compassionate leave; and
# Md. Code Ann., GCS § 3-808(b)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
may be conditioned on the incarcerated individual’s agreement to waive the right to contest extradition proceedings; and
# Md. Code Ann., GCS § 3-808(b)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
file a copy of the authorization in the Commissioner’s office.
# Md. Code Ann., GCS § 3-808(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
While on compassionate leave, an incarcerated individual at all times shall possess a copy of the authorization for compassionate leave.
# Md. Code Ann., GCS § 3-808(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-808(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The duration of compassionate leave shall include reasonable time:
# Md. Code Ann., GCS § 3-808(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
for travel; and
# Md. Code Ann., GCS § 3-808(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for fulfilling the purpose of the leave.
# Md. Code Ann., GCS § 3-808(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner may require an incarcerated individual to whom compassionate leave is granted or anyone acting on the incarcerated individual’s behalf to reimburse the Division for the expenses incurred by the Division in granting the leave.
# Md. Code Ann., GCS § 3-808(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The failure of an incarcerated individual to comply with the terms of the incarcerated individual’s authorization for compassionate leave is a violation of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-808(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Commissioner may adopt regulations to carry out this section.
# Md. Code Ann., GCS § 3-808(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-808 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–809
(a)
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave within or outside of the State as provided under this section to an incarcerated individual who:
# Md. Code Ann., GCS § 3-809(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is confined in a correctional facility in the Division;
# Md. Code Ann., GCS § 3-809(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has been selected to participate in a prerelease program; and
# Md. Code Ann., GCS § 3-809(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is within 3 months of the incarcerated individual’s anticipated release.
# Md. Code Ann., GCS § 3-809(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave to an incarcerated individual:
# Md. Code Ann., GCS § 3-809(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
for an employment interview;
# Md. Code Ann., GCS § 3-809(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as part of a prerelease program relating to employment; or
# Md. Code Ann., GCS § 3-809(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
to participate in a community treatment or educational program that will contribute to the incarcerated individual’s rehabilitation.
# Md. Code Ann., GCS § 3-809(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 3-809(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration:
# Md. Code Ann., GCS § 3-809(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
may grant weekend leave to an incarcerated individual if:
# Md. Code Ann., GCS § 3-809(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the incarcerated individual has participated for at least 2 months in a prerelease program as authorized under this section; and
# Md. Code Ann., GCS § 3-809(c)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the incarcerated individual’s direct Division supervisor in the prerelease program recommends the incarcerated individual for weekend leave; and
# Md. Code Ann., GCS § 3-809(c)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
shall establish the terms and conditions of weekend leave, which may include the incarcerated individual’s agreement to waive the right to contest extradition proceedings.
# Md. Code Ann., GCS § 3-809(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Weekend leave may not begin before 6 p.m. on Friday or end after 6 p.m. on the Sunday that immediately follows.
# Md. Code Ann., GCS § 3-809(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-809 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–810
(a)
On the recommendation of treatment staff and with the approval of the managing official of a correctional facility in the Division, the Commissioner or Deputy Commissioner may grant special leave to an incarcerated individual to allow an incarcerated individual to participate in a special community or other meritorious program or activity within or outside of the State that the Commissioner and managing official believe:
# Md. Code Ann., GCS § 3-810(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
would benefit the incarcerated individual;
# Md. Code Ann., GCS § 3-810(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
would not be detrimental to the public; and
# Md. Code Ann., GCS § 3-810(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
would help rehabilitate the incarcerated individual.
# Md. Code Ann., GCS § 3-810(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner or Deputy Commissioner may grant special leave for the purpose of allowing an incarcerated individual to:
# Md. Code Ann., GCS § 3-810(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
attend an educational program;
# Md. Code Ann., GCS § 3-810(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
improve job skills;
# Md. Code Ann., GCS § 3-810(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
attend a trade licensing examination;
# Md. Code Ann., GCS § 3-810(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
be interviewed for employment;
# Md. Code Ann., GCS § 3-810(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
participate as a volunteer for a governmental unit in an activity that serves the general public;
# Md. Code Ann., GCS § 3-810(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
participate in athletic competition;
# Md. Code Ann., GCS § 3-810(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
participate in a civic activity that benefits the incarcerated individual or the community; or
# Md. Code Ann., GCS § 3-810(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
participate in a residential or nonresidential treatment program including a program for pregnant women or a program to establish bonding between mothers and newborn children.
# Md. Code Ann., GCS § 3-810(b)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual granted leave under this section may be allowed to remain outside the institution for any period of time consistent with public safety.
# Md. Code Ann., GCS § 3-810(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 3-810(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual is not eligible for special leave under this section unless the managing official and Commissioner concur that positive attitudinal and growth patterns are being established.
# Md. Code Ann., GCS § 3-810(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Special leave shall be issued in writing and signed personally by both the managing official and either the Commissioner or Deputy Commissioner.
# Md. Code Ann., GCS § 3-810(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
As a condition of granting special leave, the Commissioner may require that the incarcerated individual agree to waive the right to contest extradition proceedings.
# Md. Code Ann., GCS § 3-810(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Commissioner or Deputy Commissioner shall file the order granting special leave in the Division.
# Md. Code Ann., GCS § 3-810(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-810 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 3–811
(a)
The Commissioner or Commissioner’s designee may grant family leave to allow an incarcerated individual to visit the incarcerated individual’s family for a reasonable time if the incarcerated individual:
# Md. Code Ann., GCS § 3-811(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is confined in a correctional facility in the Division;
# Md. Code Ann., GCS § 3-811(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is classified to be in prerelease status; and
# Md. Code Ann., GCS § 3-811(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is recommended by the correctional facility’s case management team and managing official.
# Md. Code Ann., GCS § 3-811(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 3-811(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
When granting family leave to an incarcerated individual, the Commissioner or Commissioner’s designee shall:
# Md. Code Ann., GCS § 3-811(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
issue a written authorization to the incarcerated individual that specifies the conditions of the family leave; and
# Md. Code Ann., GCS § 3-811(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
file a copy of the authorization in the Commissioner’s office.
# Md. Code Ann., GCS § 3-811(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
While on family leave, an incarcerated individual at all times shall possess a copy of the authorization for family leave.
# Md. Code Ann., GCS § 3-811(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The failure of an incarcerated individual to comply with the terms of the authorization for family leave is a violation of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 3-811(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commissioner may adopt regulations to carry out this section.
# Md. Code Ann., GCS § 3-811(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 3-811 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–101
(a)
In this title the following words have the meanings indicated.
# Md. Code Ann., GCS § 4-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Board of Review” means the institutional Board of Review created under § 4-205 of this title.
# Md. Code Ann., GCS § 4-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commissioner” means the Commissioner of Correction.
# Md. Code Ann., GCS § 4-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Director” means the Director of the Patuxent Institution.
# Md. Code Ann., GCS § 4-101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 4-101(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Eligible person” means an individual who:
# Md. Code Ann., GCS § 4-101(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been convicted of a crime and is serving a sentence of imprisonment with at least 3 years remaining on the sentence;
# Md. Code Ann., GCS § 4-101(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has an intellectual impairment or emotional imbalance;
# Md. Code Ann., GCS § 4-101(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is likely to respond favorably to the programs and services that the Institution provides;
# Md. Code Ann., GCS § 4-101(e)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
can better respond to remediation through those programs and services than by other incarceration; and
# Md. Code Ann., GCS § 4-101(e)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
meets the eligibility criteria that the Secretary establishes under § 4–208(b) of this title.
# Md. Code Ann., GCS § 4-101(e)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Eligible person” does not include an individual who:
# Md. Code Ann., GCS § 4-101(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving two or more sentences of imprisonment for life under § 2–201, former § 2–303, or § 2–304 of the Criminal Law Article;
# Md. Code Ann., GCS § 4-101(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is serving one or more sentences of imprisonment for life when a court or jury has found under former § 2–303 of the Criminal Law Article, beyond a reasonable doubt, that one or more aggravating circumstances existed; or
# Md. Code Ann., GCS § 4-101(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
has been convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge’s revisory power under the Maryland Rules, recommends that the individual be referred to the Institution for evaluation.
# Md. Code Ann., GCS § 4-101(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Evaluation team” means a team of at least three professional employees of the Institution, one of whom shall be a social worker, one of whom shall be a psychologist, and one of whom shall be a psychiatrist.
# Md. Code Ann., GCS § 4-101(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
“Institution” means the Patuxent Institution.
# Md. Code Ann., GCS § 4-101(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
“Patuxent programs” includes the eligible person program as defined in § 4-301 of this title, and the Patuxent Youth Program as defined in § 4-401 of this title.
# Md. Code Ann., GCS § 4-101(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Remediation” means treatment for specific areas of mental and social deficiencies that are highly related to criminal behavior.
# Md. Code Ann., GCS § 4-101(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
“Victim” means:
# Md. Code Ann., GCS § 4-101(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an individual who suffers personal physical injury or death as a direct result of a crime; or
# Md. Code Ann., GCS § 4-101(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if the victim is deceased, a designated family member of the victim.
# Md. Code Ann., GCS § 4-101(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–201
There is a Patuxent Institution in the Department.
# Md. Code Ann., GCS § 4-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–202
(a)
The purpose of the Institution is to provide remediation programs and services to youthful offenders, other eligible persons, and mentally ill incarcerated individuals including a range of program alternatives indicated by the current state of knowledge to be appropriate and effective for the population being served.
# Md. Code Ann., GCS § 4-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Institution shall establish and maintain, as an integral part of the programs, an effective research, development, and training effort to evaluate and recommend improvements on an ongoing basis.
# Md. Code Ann., GCS § 4-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
No more than 350 eligible persons may be enrolled in the eligible person remediation program.
# Md. Code Ann., GCS § 4-202(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Institution may provide other remediation programs that the Secretary designates.
# Md. Code Ann., GCS § 4-202(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–203
(a)
The Director is the chief administrative officer of the Institution.
# Md. Code Ann., GCS § 4-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary shall appoint the Director.
# Md. Code Ann., GCS § 4-203(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Director shall be a trained and competent administrator.
# Md. Code Ann., GCS § 4-203(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 4-203(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Director is entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 4-203(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to the authority of the Secretary, the Director shall manage and supervise the Institution and implement its programs and services.
# Md. Code Ann., GCS § 4-203(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-203(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On or before October 31 of each year, the Director shall submit an annual report to the Secretary and the Governor.
# Md. Code Ann., GCS § 4-203(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The annual report shall state:
# Md. Code Ann., GCS § 4-203(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Institution’s expenses, receipts, disbursements, condition, and progress;
# Md. Code Ann., GCS § 4-203(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of birth, place of conviction, crime, and term of confinement;
# Md. Code Ann., GCS § 4-203(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the number of incarcerated individuals who are admitted to each of the Patuxent programs;
# Md. Code Ann., GCS § 4-203(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the number of Division of Correction incarcerated individuals receiving care during the year at Patuxent Institution for mental health conditions;
# Md. Code Ann., GCS § 4-203(d)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the number of Patuxent program incarcerated individuals who are pardoned, or discharged;
# Md. Code Ann., GCS § 4-203(d)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
the number of incarcerated individuals evaluated at the Institution for each of the Patuxent programs;
# Md. Code Ann., GCS § 4-203(d)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
the decisions of the Board of Review to grant leave to Patuxent program incarcerated individuals;
# Md. Code Ann., GCS § 4-203(d)(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
the number of rearrests, reconvictions, reincarcerations, and parole violations of individuals released from incarceration through a Patuxent program;
# Md. Code Ann., GCS § 4-203(d)(2)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ix)
the number of eligible persons who are removed from each Patuxent program and returned to the Division of Correction;
# Md. Code Ann., GCS § 4-203(d)(2)(ix) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(x)
a summary of the reasons underlying each individual’s transfer to the Division of Correction as described in item (ix) of this paragraph;
# Md. Code Ann., GCS § 4-203(d)(2)(x) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(xi)
information on educational programs and community reentry activities; and
# Md. Code Ann., GCS § 4-203(d)(2)(xi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(xii)
any remarks and suggestions the Director considers necessary to advance the interests of the Institution.
# Md. Code Ann., GCS § 4-203(d)(2)(xii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director shall verify the report required by this subsection.
# Md. Code Ann., GCS § 4-203(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report required under this subsection and any recommendation that the Governor considers expedient.
# Md. Code Ann., GCS § 4-203(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The Secretary shall adopt regulations regarding the annual report required under this subsection.
# Md. Code Ann., GCS § 4-203(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–204
(a)
The Institution shall have the following staff:
# Md. Code Ann., GCS § 4-204(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
two associate directors, one of whom is a competent psychiatrist with at least 3 years of experience in the practice or teaching of psychiatry and one of whom is a competent behavioral scientist with at least 3 years of experience in the practice or teaching of the individual’s specialty in behavioral science;
# Md. Code Ann., GCS § 4-204(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a warden;
# Md. Code Ann., GCS § 4-204(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
at least three additional psychiatrists or clinical psychologists;
# Md. Code Ann., GCS § 4-204(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
at least four State licensed certified social workers–clinical; and
# Md. Code Ann., GCS § 4-204(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
other professional and nonprofessional staff, as provided in the State budget.
# Md. Code Ann., GCS § 4-204(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-204(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The associate directors shall assist primarily in discharging the diagnostic and remediation functions of the Institution.
# Md. Code Ann., GCS § 4-204(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The warden shall assist primarily in discharging the custodial function of the Institution.
# Md. Code Ann., GCS § 4-204(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The staff members of the Institution are entitled to compensation as provided in the State budget.
# Md. Code Ann., GCS § 4-204(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-204(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (3) of this subsection or any other law, the staff members of the Institution are in the skilled service or professional service in the State Personnel Management System.
# Md. Code Ann., GCS § 4-204(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
With the approval of the Secretary, the Director shall appoint an individual to any position that the Secretary determines to be professional, including:
# Md. Code Ann., GCS § 4-204(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
each associate director;
# Md. Code Ann., GCS § 4-204(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
each social worker;
# Md. Code Ann., GCS § 4-204(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
each sociologist;
# Md. Code Ann., GCS § 4-204(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
each physician; and
# Md. Code Ann., GCS § 4-204(d)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
each psychologist.
# Md. Code Ann., GCS § 4-204(d)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director and each individual appointed under paragraph (2)(i) of this subsection are in the executive service, in the management service, or a special appointment in the State Personnel Management System.
# Md. Code Ann., GCS § 4-204(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The warden is the appointing authority for:
# Md. Code Ann., GCS § 4-204(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
correctional officers assigned to the Institution; and
# Md. Code Ann., GCS § 4-204(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
staff attached to the office of the warden.
# Md. Code Ann., GCS § 4-204(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–205
(a)
There is a Board of Review for the Institution.
# Md. Code Ann., GCS § 4-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Board of Review consists of the following nine members:
# Md. Code Ann., GCS § 4-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Director;
# Md. Code Ann., GCS § 4-205(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the two associate directors;
# Md. Code Ann., GCS § 4-205(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the warden; and
# Md. Code Ann., GCS § 4-205(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
five members of the public, one of whom is a member of a victim’s rights organization, appointed by the Governor with the advice and consent of the Senate.
# Md. Code Ann., GCS § 4-205(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Governor shall designate the chair of the Board of Review.
# Md. Code Ann., GCS § 4-205(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-205(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Seven members of the Board of Review, including at least three public members, constitute a quorum.
# Md. Code Ann., GCS § 4-205(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 4-205(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in subparagraph (ii) of this paragraph, each action of the Board of Review requires the approval of five members.
# Md. Code Ann., GCS § 4-205(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
A decision to grant parole, work release, or leave to an eligible person requires the approval of seven members of the Board of Review.
# Md. Code Ann., GCS § 4-205(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 4-205(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Employees of the Institution who are members of the Board of Review or who attend meetings of or work as advisors to the Board of Review shall serve in that capacity as part of their regular duties without additional compensation.
# Md. Code Ann., GCS § 4-205(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The members of the Board of Review appointed from the public are entitled to compensation as provided in the State budget.
# Md. Code Ann., GCS § 4-205(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The term of a member of the Board of Review appointed from the public is 4 years.
# Md. Code Ann., GCS § 4-205(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Board of Review shall perform the duties set forth in this title.
# Md. Code Ann., GCS § 4-205(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–206
(a)
A member of the Board of Review, the Director, or an employee of the Institution may not:
# Md. Code Ann., GCS § 4-206(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be interested, directly or indirectly, in any contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution;
# Md. Code Ann., GCS § 4-206(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
accept a reward or gift or a promise of a reward or gift from a person interested in a contract, purchase, or sale made by or for the Institution or an incarcerated individual of the Institution; or
# Md. Code Ann., GCS § 4-206(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
accept a reward, gift, devise, or bequest or a promise of a reward, gift, devise, or bequest from an incarcerated individual of the Institution or from anyone on the incarcerated individual’s behalf.
# Md. Code Ann., GCS § 4-206(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-206(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A reward, gift, devise, bequest, or promise accepted in violation of this section is void.
# Md. Code Ann., GCS § 4-206(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A contract, purchase, or sale in which a person has an interest prohibited by subsection (a) of this section is voidable by the State whether or not the State is a party to it.
# Md. Code Ann., GCS § 4-206(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A member of the Board of Review, the Director, or an employee of the Institution shall report to the Director or the Secretary any violation of subsection (a) of this section that is within the individual’s knowledge.
# Md. Code Ann., GCS § 4-206(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-206(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An individual who violates this section is guilty of misconduct in office.
# Md. Code Ann., GCS § 4-206(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A violation of this section is grounds for removal from office or employment.
# Md. Code Ann., GCS § 4-206(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–207
(a)
There is a Citizens Advisory Board.
# Md. Code Ann., GCS § 4-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Based on recommendations of the Secretary, the Governor shall appoint the members of the Citizens Advisory Board.
# Md. Code Ann., GCS § 4-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Citizens Advisory Board shall advise the Director and the Secretary with respect to the operation and programs of the Institution.
# Md. Code Ann., GCS § 4-207(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–208
(a)
The Secretary shall adopt regulations to carry out this title.
# Md. Code Ann., GCS § 4-208(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations adopted under this section, other than regulations pertaining only to routine internal management of the Institution, shall comply with the Administrative Procedure Act, including regulations that:
# Md. Code Ann., GCS § 4-208(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
govern criteria to determine eligibility for referral of an incarcerated individual to the Institution;
# Md. Code Ann., GCS § 4-208(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
govern leave, work release, and parole from the Institution; and
# Md. Code Ann., GCS § 4-208(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
establish with specificity what constitutes a major violation of the Institution’s disciplinary rules.
# Md. Code Ann., GCS § 4-208(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–209
(a)
The Institution shall compile and maintain a complete record of each incarcerated individual transferred to it for evaluation or treatment.
# Md. Code Ann., GCS § 4-209(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The record shall include the following materials to the extent that the materials are physically available and the inclusion is not prohibited by federal law:
# Md. Code Ann., GCS § 4-209(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
police reports and other relevant information concerning the crime of which the incarcerated individual was most recently convicted and the sentence imposed for that conviction;
# Md. Code Ann., GCS § 4-209(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the incarcerated individual’s criminal and juvenile history and all relevant records concerning this history;
# Md. Code Ann., GCS § 4-209(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
presentence investigation, parole, probation, and other reports concerning the incarcerated individual;
# Md. Code Ann., GCS § 4-209(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
school records;
# Md. Code Ann., GCS § 4-209(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
information concerning the incarcerated individual’s medical and mental health history, including relevant medical and hospital records and reports; and
# Md. Code Ann., GCS § 4-209(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
all other relevant information, records, and reports concerning the incarcerated individual’s social, physical, or mental condition and history.
# Md. Code Ann., GCS § 4-209(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-209(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Institution shall record a full and accurate description, including photographs, of each incarcerated individual transferred to the Institution for treatment.
# Md. Code Ann., GCS § 4-209(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Institution may adopt the Bertillon method or any other accurate method of description, measurement, and registration.
# Md. Code Ann., GCS § 4-209(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-209(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In order that the Institution may comply with this section, all State and local officials and units:
# Md. Code Ann., GCS § 4-209(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall cooperate with the Institution; and
# Md. Code Ann., GCS § 4-209(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
promptly, on request of the Institution, shall furnish or cause to be furnished to the Institution the information, records, and reports in their possession.
# Md. Code Ann., GCS § 4-209(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The provisions of § 3–8A–27(b) of the Courts Article do not apply to a request made for juvenile records under this section.
# Md. Code Ann., GCS § 4-209(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
To the extent that any record, report, or information compiled under this section is legally confidential, it shall remain confidential and may not be disclosed to any person or unit except to:
# Md. Code Ann., GCS § 4-209(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Commissioner or the Commissioner’s authorized staff;
# Md. Code Ann., GCS § 4-209(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Division of Parole and Probation;
# Md. Code Ann., GCS § 4-209(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Maryland Parole Commission;
# Md. Code Ann., GCS § 4-209(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a State’s Attorney, when required in the prosecution or defense of a proceeding in court;
# Md. Code Ann., GCS § 4-209(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
a federal, State, or local law enforcement officer on a written request signed by an authorized commanding officer of the law enforcement unit certifying that the record, report, or information is needed for a pending investigation;
# Md. Code Ann., GCS § 4-209(e)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
an authorized correctional official or probation officer of:
# Md. Code Ann., GCS § 4-209(e)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the United States; or
# Md. Code Ann., GCS § 4-209(e)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a state, if that jurisdiction has made reciprocal provision by law to furnish similar records, reports, or information to comparable officials of this State;
# Md. Code Ann., GCS § 4-209(e)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the Attorney General;
# Md. Code Ann., GCS § 4-209(e)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
the Inmate Grievance Office, to the extent relevant to a matter pending before it and with the written consent of the incarcerated individual to whom the record, report, or information pertains;
# Md. Code Ann., GCS § 4-209(e)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
the Division of Rehabilitation Services of the Department of Education solely to determine if an incarcerated individual confined at the Institution qualifies for benefits provided by that Division;
# Md. Code Ann., GCS § 4-209(e)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
providers of medical care to the extent necessary to ensure proper medical treatment;
# Md. Code Ann., GCS § 4-209(e)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
a judge of a circuit court or the District Court when required in connection with a pretrial release, presentence, or postsentence investigation; and
# Md. Code Ann., GCS § 4-209(e)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
State, local, and federal units and private agencies to the extent that the release of the record, report, or information will benefit an eligible person but only with the written consent of the incarcerated individual to whom the record, report, or information pertains.
# Md. Code Ann., GCS § 4-209(e)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
Confidential records, reports, or information may be disclosed under subsection (e) of this section only if the Director reasonably believes that the record, report, or information:
# Md. Code Ann., GCS § 4-209(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
will be used solely for the legitimate purposes of the person or unit receiving it; and
# Md. Code Ann., GCS § 4-209(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
will not be further disseminated to any person or unit not authorized to receive it under subsection (e) of this section.
# Md. Code Ann., GCS § 4-209(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
Juvenile records obtained under subsection (d) of this section may be disclosed only:
# Md. Code Ann., GCS § 4-209(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
to a person or unit listed in subsection (e)(1), (2), and (3) of this section; and
# Md. Code Ann., GCS § 4-209(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
in accordance with subsection (f) of this section.
# Md. Code Ann., GCS § 4-209(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-209 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–210
(a)
On the recommendation of a health care provider, the Director or Director’s designee may authorize medical treatment of a juvenile incarcerated individual when:
# Md. Code Ann., GCS § 4-210(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in the judgment of the Director or designee, the treatment is necessary; and
# Md. Code Ann., GCS § 4-210(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
# Md. Code Ann., GCS § 4-210(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Director or Director’s designee may not be held liable for authorizing in good faith medically necessary treatment under subsection (a) of this section.
# Md. Code Ann., GCS § 4-210(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-210 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–211
The Director may determine whether, to what extent, and which incarcerated individuals of the Institution shall supply produce and other goods required to be purchased by contracting units or political subdivisions under Title 3, Subtitle 5 of this article.
# Md. Code Ann., GCS § 4-211 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–212
Subject to any approval required by law, the Director may apply for and receive from any unit of government or private person a grant or loan of funds or goods to be used in the maintenance or programs of the Institution.
# Md. Code Ann., GCS § 4-212 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–213
(a)
An incarcerated individual confined at the Institution shall be released under mandatory supervision, as defined in § 7–101 of this article, in the same manner and subject to the same conditions as if the incarcerated individual were being released from a correctional facility in the Division of Correction.
# Md. Code Ann., GCS § 4-213(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Director may establish special programs or projects for diminution credit award to the same extent that such credits may be awarded in the Division of Correction.
# Md. Code Ann., GCS § 4-213(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Director may restore to incarcerated individuals at Patuxent Institution any diminution credits rescinded upon adjudication of violation of institutional disciplinary rules to the same extent as such credits may be restored by the Commissioner of Correction to incarcerated individuals in the Division.
# Md. Code Ann., GCS § 4-213(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Director may impose special terms and conditions on any incarcerated individual released on mandatory supervision from the Institution.
# Md. Code Ann., GCS § 4-213(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
If the Secretary reassigns supervisory responsibility of a mandatory releasee from the Division of Parole and Probation to the Institution in accordance with § 2–117 of this article, the Secretary may also reassign the authority to revoke mandatory supervision release to the Board of Review.
# Md. Code Ann., GCS § 4-213(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-213 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–214
(a)
# Md. Code Ann., GCS § 4-214(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 4-214(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Commission” means the Maryland Commission of Correctional Standards.
# Md. Code Ann., GCS § 4-214(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle.
# Md. Code Ann., GCS § 4-214(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-214(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Institution shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female incarcerated individual on:
# Md. Code Ann., GCS § 4-214(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
admission to the facility;
# Md. Code Ann., GCS § 4-214(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a routine basis; and
# Md. Code Ann., GCS § 4-214(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
request.
# Md. Code Ann., GCS § 4-214(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Director shall ensure that the Institution has a sufficient supply of menstrual hygiene products available to meet the needs of the incarcerated individual population at all times.
# Md. Code Ann., GCS § 4-214(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commission shall establish standards regarding the proper disposal of menstrual hygiene products.
# Md. Code Ann., GCS § 4-214(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Institution shall maintain records on the provisions and availability of menstrual hygiene products to incarcerated individuals.
# Md. Code Ann., GCS § 4-214(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Commission shall review the Institution’s policy and records relating to menstrual hygiene products during regular inspections.
# Md. Code Ann., GCS § 4-214(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-214 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–301
(a)
# Md. Code Ann., GCS § 4-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Director may request that the Commissioner refer an incarcerated individual to the Institution for evaluation as to whether the incarcerated individual is an eligible person if the incarcerated individual:
# Md. Code Ann., GCS § 4-301(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence of imprisonment following conviction of a crime;
# Md. Code Ann., GCS § 4-301(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has more than 3 years remaining to serve on a sentence;
# Md. Code Ann., GCS § 4-301(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
has not been evaluated by or confined at the Institution within the preceding 3 years;
# Md. Code Ann., GCS § 4-301(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
is not disqualified from being an eligible person under § 4–101(e)(2) of this title; and
# Md. Code Ann., GCS § 4-301(a)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
meets the eligibility criteria that the Secretary establishes under § 4–208(b) of this title.
# Md. Code Ann., GCS § 4-301(a)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The request that the Commissioner refer an incarcerated individual to the Institution shall be based:
# Md. Code Ann., GCS § 4-301(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
on recommendation of the sentencing court;
# Md. Code Ann., GCS § 4-301(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
on application by the incarcerated individual or the State’s Attorney of the county in which the incarcerated individual was last convicted; or
# Md. Code Ann., GCS § 4-301(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
on the Commissioner’s own initiative.
# Md. Code Ann., GCS § 4-301(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commissioner shall promptly refer any incarcerated individual requested for evaluation by the Director unless the Commissioner determines that such a referral will constitute a security risk.
# Md. Code Ann., GCS § 4-301(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 6 months after an incarcerated individual is referred to the Institution, an evaluation team shall examine the incarcerated individual.
# Md. Code Ann., GCS § 4-301(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before proceeding with the examination, the evaluation team shall assemble and review all available and relevant information about the incarcerated individual provided for in § 4–209 of this title.
# Md. Code Ann., GCS § 4-301(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-301(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Based on the information reviewed under subsection (b)(2) of this section and an examination of the incarcerated individual, the evaluation team shall determine whether, in the opinion of a majority of the team, the incarcerated individual is an eligible person.
# Md. Code Ann., GCS § 4-301(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The evaluation team shall submit to the Director a written report that states its findings.
# Md. Code Ann., GCS § 4-301(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The report shall state in detail the reasoning supporting the team’s conclusion with respect to each of the criteria for an eligible person set forth in § 4–101(e) of this title.
# Md. Code Ann., GCS § 4-301(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–302
(a)
# Md. Code Ann., GCS § 4-302(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the evaluation team determines under § 4–301(c) of this subtitle that an incarcerated individual is not an eligible person, the Director shall notify the Commissioner and send to the Commissioner a copy of the evaluation team’s report.
# Md. Code Ann., GCS § 4-302(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Within 30 days after sending the notice, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates.
# Md. Code Ann., GCS § 4-302(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If the evaluation team determines under § 4–301(c) of this subtitle that the incarcerated individual is an eligible person, the Director shall notify the Commissioner and the incarcerated individual shall be admitted to the eligible person remediation program if the admission does not exceed the program capacity specified in § 4–202(c) of this title.
# Md. Code Ann., GCS § 4-302(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-302(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The evaluation team shall prepare, file with the Director, and implement an individualized written remediation plan for each eligible person.
# Md. Code Ann., GCS § 4-302(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Director or an associate director for treatment shall review the remediation plan and the eligible person’s progress under it at appropriate intervals not exceeding every 6 months.
# Md. Code Ann., GCS § 4-302(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-302(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At least once a year, following a new evaluation by an evaluation team, the Board of Review shall review an incarcerated individual’s status as an eligible person and the incarcerated individual’s progress under the remediation plan.
# Md. Code Ann., GCS § 4-302(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After its review, the Board of Review shall make appropriate written recommendations for the future remediation and status of the eligible person.
# Md. Code Ann., GCS § 4-302(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Institution shall maintain a copy of these recommendations as part of the incarcerated individual’s file.
# Md. Code Ann., GCS § 4-302(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An incarcerated individual transferred to the Institution for evaluation or treatment remains in the custody of the Division of Correction and under the sentence imposed on the incarcerated individual, but the incarcerated individual is subject to the immediate control of the Institution and its staff.
# Md. Code Ann., GCS § 4-302(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–303
(a)
# Md. Code Ann., GCS § 4-303(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to § 4–305 of this subtitle, incarcerated individuals transferred to the Institution for treatment are eligible for the work release and leave of absence programs provided for in §§ 3–801 through 3–806 and 3–808 through 3–811 of this article.
# Md. Code Ann., GCS § 4-303(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Board of Review shall perform the functions of the warden and the Commissioner under §§ 3–801 through 3–806 and 3–808 through 3–811 of this article with respect to incarcerated individuals confined in the Institution.
# Md. Code Ann., GCS § 4-303(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-303(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board of Review may not grant an eligible person work release or leave under this section until the Board of Review mails written notice to the victim that the Board of Review intends to decide whether to grant work release or leave to the eligible person.
# Md. Code Ann., GCS § 4-303(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before the Board of Review decides whether to grant work release or leave to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment in writing on work release or leave or to present oral testimony in the manner that the Board of Review establishes by regulation.
# Md. Code Ann., GCS § 4-303(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding work release or leave.
# Md. Code Ann., GCS § 4-303(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.
# Md. Code Ann., GCS § 4-303(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.
# Md. Code Ann., GCS § 4-303(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–304
Unless previously released on parole or mandatory supervision, an incarcerated individual confined at the Institution shall be released on expiration of sentence.
# Md. Code Ann., GCS § 4-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–305
(a)
After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before expiration of the incarcerated individual’s sentence, the Board of Review may grant a parole from the Institution for a period not exceeding 1 year if the Board of Review concludes that the parole:
# Md. Code Ann., GCS § 4-305(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
will not impose an unreasonable risk on society; and
# Md. Code Ann., GCS § 4-305(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
will assist in the remediation of the eligible person.
# Md. Code Ann., GCS § 4-305(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-305(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection:
# Md. Code Ann., GCS § 4-305(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
an incarcerated individual sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article; and
# Md. Code Ann., GCS § 4-305(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 4-305(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 4-305(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-305(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board of Review may:
# Md. Code Ann., GCS § 4-305(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
attach reasonable conditions to parole granted under this section;
# Md. Code Ann., GCS § 4-305(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
make reasonable and appropriate modifications of the conditions at any time; and
# Md. Code Ann., GCS § 4-305(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
revoke the parole if the Board of Review finds that the individual has violated a condition of the parole.
# Md. Code Ann., GCS § 4-305(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Board of Review:
# Md. Code Ann., GCS § 4-305(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall review an individual’s status before the expiration of the parole period; and
# Md. Code Ann., GCS § 4-305(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
may extend the parole.
# Md. Code Ann., GCS § 4-305(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 4-305(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing.
# Md. Code Ann., GCS § 4-305(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation.
# Md. Code Ann., GCS § 4-305(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole.
# Md. Code Ann., GCS § 4-305(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.
# Md. Code Ann., GCS § 4-305(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.
# Md. Code Ann., GCS § 4-305(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Board of Review may not release an eligible person on parole until the Secretary approves the parole decision.
# Md. Code Ann., GCS § 4-305(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 4-305(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to:
# Md. Code Ann., GCS § 4-305(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
suspend the individual’s remaining sentence and terminate parole supervision on the conditions the court considers appropriate; or
# Md. Code Ann., GCS § 4-305(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
vacate the individual’s remaining sentence.
# Md. Code Ann., GCS § 4-305(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 4-305(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Director shall serve notice of the petition on the victim and the State’s Attorney who last prosecuted the individual.
# Md. Code Ann., GCS § 4-305(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The State’s Attorney shall be a party to the proceeding.
# Md. Code Ann., GCS § 4-305(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
After a hearing, the court may either grant or deny the relief requested in the petition.
# Md. Code Ann., GCS § 4-305(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–306
(a)
After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before the incarcerated individual’s sentence expires, on review of the incarcerated individual, the Board of Review may take any of the actions specified in subsection (b) of this section.
# Md. Code Ann., GCS § 4-306(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 4-306(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual submits a written request for a transfer to the Division of Correction, the Director shall notify the Commissioner and send the Commissioner a copy of any evaluation team’s report that has been completed.
# Md. Code Ann., GCS § 4-306(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Board of Review concludes that an incarcerated individual is no longer an eligible person but should remain confined in the Division of Correction subject to the authority of the Maryland Parole Commission until release on expiration of sentence or mandatory supervision, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team’s report.
# Md. Code Ann., GCS § 4-306(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Within 90 days after notice is provided under paragraph (1) or (2) of this subsection, the incarcerated individual shall be delivered to the appropriate correctional facility that the Commissioner designates.
# Md. Code Ann., GCS § 4-306(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
A transfer under this subsection does not affect any right to parole consideration that the incarcerated individual may have at the time of transfer.
# Md. Code Ann., GCS § 4-306(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 4-306(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this subsection, “major violation” includes:
# Md. Code Ann., GCS § 4-306(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
escape from parole, work release, or leave;
# Md. Code Ann., GCS § 4-306(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
failure to return from parole, work release, or leave within 1 hour of the time due, unless the failure to return was due to causes beyond the control of the eligible person;
# Md. Code Ann., GCS § 4-306(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
commission of a new crime, other than a minor traffic violation, while on parole, work release, or leave;
# Md. Code Ann., GCS § 4-306(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
commission of a Category I violation of the Department’s disciplinary rules; and
# Md. Code Ann., GCS § 4-306(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
use of a controlled dangerous substance that the eligible person is not entitled to use under the laws of the State.
# Md. Code Ann., GCS § 4-306(c)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except as provided in paragraph (3) of this subsection, if an incarcerated individual in the Eligible Person Program or the Patuxent Youth Program commits a major violation while on parole, work release, or leave, the Board of Review may impose appropriate sanctions consistent with the best interests of public safety.
# Md. Code Ann., GCS § 4-306(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.
# Md. Code Ann., GCS § 4-306(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If an eligible person commits a second major violation while on parole, work release, or leave, the eligible person shall be removed from the Institution and returned to the Division of Correction to serve the remainder of the eligible person’s original sentence.
# Md. Code Ann., GCS § 4-306(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-306 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–307
If a court has ordered that an eligible person make restitution as part of a sentence or as a condition of probation, the Board of Review shall require the eligible person to make restitution payments while on parole or work release as a condition of parole or work release.
# Md. Code Ann., GCS § 4-307 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–308
An incarcerated individual who is transferred to the Institution for evaluation or treatment shall receive full credit against a sentence for the time spent at the Institution, including allowances or disallowances for diminution of the incarcerated individual’s term of confinement under Title 3, Subtitle 7 of this article as the Director determines.
# Md. Code Ann., GCS § 4-308 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 4–401
(a)
In this section, “Youth Program” means the Patuxent Institution Youth Program.
# Md. Code Ann., GCS § 4-401(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
There is a Patuxent Institution Youth Program.
# Md. Code Ann., GCS § 4-401(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
This section applies to an individual under the age of 21 years who is sentenced to a term of imprisonment of 3 years or more.
# Md. Code Ann., GCS § 4-401(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
At sentencing, a court may refer an individual to the Institution for evaluation.
# Md. Code Ann., GCS § 4-401(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Director shall:
# Md. Code Ann., GCS § 4-401(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
review recommendations of a court for admission of an individual to the Youth Program; and
# Md. Code Ann., GCS § 4-401(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
admit or deny admission of an individual based on the criteria for admission established under subsection (j) of this section.
# Md. Code Ann., GCS § 4-401(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An incarcerated individual’s status in the Youth Program shall be reviewed by the Board of Review on an annual basis.
# Md. Code Ann., GCS § 4-401(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Board of Review may grant an incarcerated individual in the Youth Program leave, work or school release, or parole according to the same procedures and with the same notice to victims as required with respect to the eligible person program.
# Md. Code Ann., GCS § 4-401(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
If an individual is transferred to the Youth Program under this section, the duration of the transfer to the Institution shall terminate when:
# Md. Code Ann., GCS § 4-401(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Director orders the individual transferred to the Division of Correction;
# Md. Code Ann., GCS § 4-401(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Board of Review orders the individual transferred to the Division of Correction;
# Md. Code Ann., GCS § 4-401(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
with the approval of the Secretary, the Board of Review orders the individual paroled; or
# Md. Code Ann., GCS § 4-401(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the individual completes the individual’s term of confinement as provided by law.
# Md. Code Ann., GCS § 4-401(h)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An individual who is transferred to the Youth Program as provided under this section is deemed to be committed to the custody of and subject to the jurisdiction of the Institution.
# Md. Code Ann., GCS § 4-401(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 4-401(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Regulations adopted by the Secretary under § 4–208 of this title shall include regulations governing the management and operation of the Youth Program, including criteria for admission to the Youth Program.
# Md. Code Ann., GCS § 4-401(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Regulations establishing criteria for admission to the Youth Program shall:
# Md. Code Ann., GCS § 4-401(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
be consistent with this title and any other statutory requirements; and
# Md. Code Ann., GCS § 4-401(j)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
include criteria regarding:
# Md. Code Ann., GCS § 4-401(j)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the individual’s age;
# Md. Code Ann., GCS § 4-401(j)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the individual’s mental and physical condition;
# Md. Code Ann., GCS § 4-401(j)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
the individual’s amenability to treatment in the Youth Program;
# Md. Code Ann., GCS § 4-401(j)(2)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
the nature of the individual’s crime and the individual’s participation in the crime; and
# Md. Code Ann., GCS § 4-401(j)(2)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
the public safety.
# Md. Code Ann., GCS § 4-401(j)(2)(ii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 4-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–101
(a)
In this title the following words have the meanings indicated.
# Md. Code Ann., GCS § 5-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Commissioner” means the Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 5-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Division” means the Division of Pretrial Detention and Services.
# Md. Code Ann., GCS § 5-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–102
(a)
The creation of the Division is based on the findings and policies set forth in this section.
# Md. Code Ann., GCS § 5-102(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 5-102(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each year a large number of individuals have criminal charges placed against them in Baltimore City and remain on pretrial status until these charges are adjudicated.
# Md. Code Ann., GCS § 5-102(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Many of the individuals on pretrial status were formerly committed to the Baltimore City Jail.
# Md. Code Ann., GCS § 5-102(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
There is an important public need to centralize and coordinate the provision of services to individuals on a pretrial status in Baltimore City.
# Md. Code Ann., GCS § 5-102(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Baltimore City does not have the financial resources to fund a local correctional facility at a level sufficient to meet the needs of those incarcerated.
# Md. Code Ann., GCS § 5-102(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The State recognizes the need to provide effective and efficient services to the public through management of the pretrial population in Baltimore City.
# Md. Code Ann., GCS § 5-102(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–201
(a)
There is a Division of Pretrial Detention and Services in the Department.
# Md. Code Ann., GCS § 5-201(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division consists of:
# Md. Code Ann., GCS § 5-201(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a Pretrial Release Services Program;
# Md. Code Ann., GCS § 5-201(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a centralized booking facility for Baltimore City;
# Md. Code Ann., GCS § 5-201(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Metropolitan Transition Center;
# Md. Code Ann., GCS § 5-201(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the Chesapeake Detention Facility; and
# Md. Code Ann., GCS § 5-201(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the Youth Detention Center.
# Md. Code Ann., GCS § 5-201(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division has the same authority with regard to the custody of its incarcerated individuals and the operation of the facilities within the Division as:
# Md. Code Ann., GCS § 5-201(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Division of Correction has under this Code with regard to the custody of its incarcerated individuals and the operation of the Division of Correction; and
# Md. Code Ann., GCS § 5-201(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the sheriffs have under this Code with regard to the detention of incarcerated individuals committed to their custody and the operation of local correctional facilities.
# Md. Code Ann., GCS § 5-201(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
This title does not limit or supersede the authority of a court to determine the conditions of pretrial release.
# Md. Code Ann., GCS § 5-201(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–202
(a)
With the approval of the Governor, the Secretary shall appoint a Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 5-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 5-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner:
# Md. Code Ann., GCS § 5-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
has the same authority over the Division as this Code vests in the Commissioner of Correction over the Division of Correction;
# Md. Code Ann., GCS § 5-202(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
shall keep safely any incarcerated individual committed or transferred to the custody of the Commissioner until the incarcerated individual is discharged in accordance with law;
# Md. Code Ann., GCS § 5-202(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is in charge of the Division, subject to the authority of the Secretary;
# Md. Code Ann., GCS § 5-202(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
is the appointing authority for all employees of the Division;
# Md. Code Ann., GCS § 5-202(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
shall establish a home detention program under terms and conditions that the Secretary provides;
# Md. Code Ann., GCS § 5-202(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
may enter agreements with the Commissioner of Correction and governmental units for the housing of any incarcerated individual held in the custody of the Division;
# Md. Code Ann., GCS § 5-202(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
may enter agreements for the housing of any incarcerated individual committed to federal or local governmental units in a facility within the Division; and
# Md. Code Ann., GCS § 5-202(c)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
may enter other agreements necessary to carry out the purposes of this title.
# Md. Code Ann., GCS § 5-202(c)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 5-202(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection and notwithstanding any other provision of law, the Commissioner shall establish by regulation the terms and conditions of the home detention program required under subsection (c)(5) of this section.
# Md. Code Ann., GCS § 5-202(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The authority of a court to determine the conditions of pretrial release or to find that a defendant awaiting trial may not be placed on a home detention program may not be limited or superseded by:
# Md. Code Ann., GCS § 5-202(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a regulation of the Division or Department; or
# Md. Code Ann., GCS § 5-202(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Division or the Commissioner.
# Md. Code Ann., GCS § 5-202(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–203
(a)
With the approval of the Secretary, the Commissioner shall appoint a Deputy Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 5-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Deputy Commissioner serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 5-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Deputy Commissioner shall be the acting Commissioner in the absence of the Commissioner.
# Md. Code Ann., GCS § 5-203(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–301
(a)
There is a Pretrial Release Services Program in the Division.
# Md. Code Ann., GCS § 5-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Subject to the authority of the Commissioner and in addition to any other duties established by law, the Pretrial Release Services Program shall perform the pretrial release duties formerly performed by the Pretrial Release Services Division of the Department of Public Safety and Correctional Services, the Pretrial Release Committee, and the Division of Parole and Probation.
# Md. Code Ann., GCS § 5-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–302
(a)
# Md. Code Ann., GCS § 5-302(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Secretary, the Commissioner shall appoint the Director and Deputy Director of the Pretrial Release Services Program.
# Md. Code Ann., GCS § 5-302(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Director is the head of the Pretrial Release Services Program.
# Md. Code Ann., GCS § 5-302(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 5-302(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Director and Deputy Director of the Pretrial Release Services Program serve at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 5-302(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Director and Deputy Director are entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 5-302(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–401
(a)
There is a Youth Detention Center in the Division.
# Md. Code Ann., GCS § 5-401(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Youth Detention Center is a pretrial detention facility for juvenile incarcerated individuals under the age of 18 years who have been charged with a crime as an adult in Baltimore City.
# Md. Code Ann., GCS § 5-401(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–402
(a)
With the approval of the Secretary, the Commissioner shall appoint a facility administrator of the Youth Detention Center.
# Md. Code Ann., GCS § 5-402(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The facility administrator serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 5-402(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to the authority of the Commissioner and the Secretary, the facility administrator is in charge of the Youth Detention Center.
# Md. Code Ann., GCS § 5-402(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–403
(a)
The Commissioner may appoint assistant facility administrators for the Youth Detention Center as provided in the State budget.
# Md. Code Ann., GCS § 5-403(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An assistant facility administrator serves at the pleasure of the Commissioner.
# Md. Code Ann., GCS § 5-403(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to the authority of the Commissioner and the Secretary, in the absence of the facility administrator, an assistant facility administrator designated by the facility administrator is in charge of the Youth Detention Center.
# Md. Code Ann., GCS § 5-403(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–404
(a)
The Division shall operate a centralized booking facility for Baltimore City.
# Md. Code Ann., GCS § 5-404(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The centralized booking facility shall include:
# Md. Code Ann., GCS § 5-404(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
pretrial release services;
# Md. Code Ann., GCS § 5-404(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
District Court Commissioners;
# Md. Code Ann., GCS § 5-404(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
an Office of the State’s Attorney for Baltimore City; and
# Md. Code Ann., GCS § 5-404(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Baltimore City Police Services.
# Md. Code Ann., GCS § 5-404(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The centralized booking facility shall be equipped for video bail review.
# Md. Code Ann., GCS § 5-404(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–405
(a)
An incarcerated individual in the centralized booking facility who is sick, injured, or disabled shall:
# Md. Code Ann., GCS § 5-405(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
reimburse the State, as appropriate, for the payment of medical expenses; and
# Md. Code Ann., GCS § 5-405(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provide the warden with any information relating to:
# Md. Code Ann., GCS § 5-405(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;
# Md. Code Ann., GCS § 5-405(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual’s eligibility for benefits under the Maryland Medical Assistance Program;
# Md. Code Ann., GCS § 5-405(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the name and address of the third party payor; and
# Md. Code Ann., GCS § 5-405(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
any policy or other identifying number relating to items (i) through (iii) of this item.
# Md. Code Ann., GCS § 5-405(a)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 5-405(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
# Md. Code Ann., GCS § 5-405(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the warden on behalf of the incarcerated individual.
# Md. Code Ann., GCS § 5-405(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The fees collected under this subsection shall be deposited in the General Fund of the State.
# Md. Code Ann., GCS § 5-405(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:
# Md. Code Ann., GCS § 5-405(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
required as a part of the intake process;
# Md. Code Ann., GCS § 5-405(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
required for an initial physical examination;
# Md. Code Ann., GCS § 5-405(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
due to a referral by a nurse or physician’s assistant;
# Md. Code Ann., GCS § 5-405(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
provided during a follow–up visit that is initiated by a medical professional from the centralized booking facility;
# Md. Code Ann., GCS § 5-405(b)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
initiated by a medical or mental health staff member of the centralized booking facility; or
# Md. Code Ann., GCS § 5-405(b)(4)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
required for necessary treatment.
# Md. Code Ann., GCS § 5-405(b)(4)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subsections (a) and (b) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (a) of this section.
# Md. Code Ann., GCS § 5-405(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 5–406
(a)
On the recommendation of a health care provider, the facility administrator of the Youth Detention Center and the facility administrator’s designees may authorize medical treatment of a juvenile incarcerated individual when in the judgment of the facility administrator or a designee the treatment is required and a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
# Md. Code Ann., GCS § 5-406(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The facility administrator or the facility administrator’s designees may not be held liable for authorizing medical treatment under this section in good faith.
# Md. Code Ann., GCS § 5-406(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 5-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–101
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 6-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Absconding” means willfully evading supervision.
# Md. Code Ann., GCS § 6-101(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Absconding” includes leaving an inpatient residential treatment facility that an individual was placed in under a court order for drug or alcohol treatment without the permission of the administrator, as defined in § 8–101 of the Health – General Article.
# Md. Code Ann., GCS § 6-101(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Absconding” does not include missing a single appointment with a supervising authority.
# Md. Code Ann., GCS § 6-101(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commission” means the Maryland Parole Commission.
# Md. Code Ann., GCS § 6-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
# Md. Code Ann., GCS § 6-101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Criminal risk factors” means an individual’s characteristics and behaviors that:
# Md. Code Ann., GCS § 6-101(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
affect the individual’s risk of engaging in criminal behavior; and
# Md. Code Ann., GCS § 6-101(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
are diminished when addressed by effective treatment, supervision, and other support services, resulting in a reduced risk of criminal behavior.
# Md. Code Ann., GCS § 6-101(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Director” means the Director of the Division or the Director’s designee.
# Md. Code Ann., GCS § 6-101(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
“Division” means the Division of Parole and Probation.
# Md. Code Ann., GCS § 6-101(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
“Mandatory supervision” has the meaning stated in § 7–101 of this article.
# Md. Code Ann., GCS § 6-101(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Offender” means an individual on parole or under mandatory supervision.
# Md. Code Ann., GCS § 6-101(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
“Parolee” means an individual who has been released on parole.
# Md. Code Ann., GCS § 6-101(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
“Program” means a home detention program established under § 6–108 of this subtitle.
# Md. Code Ann., GCS § 6-101(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
“Risk and needs assessment” means an actuarial tool validated on the State’s correctional population that determines:
# Md. Code Ann., GCS § 6-101(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an individual’s risk of reoffending; and
# Md. Code Ann., GCS § 6-101(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the criminal risk factors that, when addressed, reduce the individual’s risk of reoffending.
# Md. Code Ann., GCS § 6-101(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
“Technical violation” means a violation of a condition of probation, parole, or mandatory supervision that does not involve:
# Md. Code Ann., GCS § 6-101(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer;
# Md. Code Ann., GCS § 6-101(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a violation of a criminal prohibition other than a minor traffic offense;
# Md. Code Ann., GCS § 6-101(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a violation of a no–contact or stay–away order; or
# Md. Code Ann., GCS § 6-101(m)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
absconding.
# Md. Code Ann., GCS § 6-101(m)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–102
This subtitle does not apply to:
(1)
an incarcerated individual retained in the custody of the Patuxent Institution for:
# Md. Code Ann., GCS § 6-102(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
examination to determine if the incarcerated individual is an eligible person, as defined in § 4–101 of this article; or
# Md. Code Ann., GCS § 6-102(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
confinement as an eligible person under Title 4 of this article; or
# Md. Code Ann., GCS § 6-102(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.
# Md. Code Ann., GCS § 6-102(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–103
There is a Division of Parole and Probation in the Department.
# Md. Code Ann., GCS § 6-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–104
(a)
Subject to the authority of the Secretary and in addition to any other duties established by law, the Division:
# Md. Code Ann., GCS § 6-104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall:
# Md. Code Ann., GCS § 6-104(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
administer a validated screening tool on each individual on parole or mandatory supervision under the supervision of the Division;
# Md. Code Ann., GCS § 6-104(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
administer a risk and needs assessment and develop an individualized case plan for each individual on parole or mandatory supervision who has been screened as moderate or high risk to reoffend;
# Md. Code Ann., GCS § 6-104(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
supervise an individual on parole or mandatory supervision based on the results of a validated screening tool or risk and needs assessment conducted under items (i) or (ii) of this item;
# Md. Code Ann., GCS § 6-104(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
supervise an individual under mandatory supervision until the expiration of the individual’s maximum term or terms of confinement;
# Md. Code Ann., GCS § 6-104(a)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
regularly inform the Commission of the activities of offenders who are supervised by the Division, including, if requested by the Commission, any graduated sanctions imposed under § 6–121 of this subtitle;
# Md. Code Ann., GCS § 6-104(a)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
issue a warrant for the retaking of an offender charged with a violation of a condition of parole or mandatory supervision, if this authority is delegated by the Commission to the Director of the Division; and
# Md. Code Ann., GCS § 6-104(a)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
administer the Drinking Driver Monitor Program, collect supervision fees, and adopt guidelines for collecting the monthly program fee assessed in accordance with § 6–115 of this subtitle; and
# Md. Code Ann., GCS § 6-104(a)(1)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may recommend:
# Md. Code Ann., GCS § 6-104(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
that the Commission modify any condition of parole or mandatory supervision; and
# Md. Code Ann., GCS § 6-104(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
that the Commission issue a warrant for the retaking of an offender.
# Md. Code Ann., GCS § 6-104(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Funding for the Drinking Driver Monitor Program shall be as provided in the State budget.
# Md. Code Ann., GCS § 6-104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–105
(a)
With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Director.
# Md. Code Ann., GCS § 6-105(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Director is the head of the Division.
# Md. Code Ann., GCS § 6-105(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
# Md. Code Ann., GCS § 6-105(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Director serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 6-105(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Director is entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 6-105(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–107
A sheriff or police officer authorized to serve criminal process or a parole and probation employee designated under § 6-106 of this subtitle who receives a warrant for the retaking of an alleged violator shall execute the warrant in accordance with the directions in the warrant.
# Md. Code Ann., GCS § 6-107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–108
(a)
With the Secretary’s approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves.
# Md. Code Ann., GCS § 6-108(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An offender in the program shall be supervised by means of:
# Md. Code Ann., GCS § 6-108(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
electronic devices; and
# Md. Code Ann., GCS § 6-108(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
direct contact by employees of the Division.
# Md. Code Ann., GCS § 6-108(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence.
# Md. Code Ann., GCS § 6-108(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
While in the program, an offender must remain in the offender’s approved dwelling except:
# Md. Code Ann., GCS § 6-108(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
with the approval of the Director, to go directly to and from:
# Md. Code Ann., GCS § 6-108(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the offender’s approved place of employment;
# Md. Code Ann., GCS § 6-108(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a medical or mental health treatment facility; or
# Md. Code Ann., GCS § 6-108(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
offices of the Department;
# Md. Code Ann., GCS § 6-108(d)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as required by legitimate medical or other emergencies; or
# Md. Code Ann., GCS § 6-108(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
as otherwise allowed or directed by the Director.
# Md. Code Ann., GCS § 6-108(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 6-108(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An offender in the program is responsible for all of the offender’s living expenses, including those for food, clothing, medical care, shelter, and utilities.
# Md. Code Ann., GCS § 6-108(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents.
# Md. Code Ann., GCS § 6-108(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 6-108(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program.
# Md. Code Ann., GCS § 6-108(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee.
# Md. Code Ann., GCS § 6-108(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
An offender in the program is not an agent or employee of the Division.
# Md. Code Ann., GCS § 6-108(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The Director shall employ parole and probation employees to supervise offenders in the program.
# Md. Code Ann., GCS § 6-108(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Commission may remove an offender from the program at any time and for any reason.
# Md. Code Ann., GCS § 6-108(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 6-108(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the Secretary’s approval, the Director shall adopt regulations to implement the program.
# Md. Code Ann., GCS § 6-108(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
# Md. Code Ann., GCS § 6-108(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-108 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–109
(a)
The Director may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an offender in the program to search for the offender.
# Md. Code Ann., GCS § 6-109(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An application for a search warrant shall:
# Md. Code Ann., GCS § 6-109(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be in writing;
# Md. Code Ann., GCS § 6-109(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be verified by the applicant; and
# Md. Code Ann., GCS § 6-109(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
describe the premises to be searched and the nature, scope, and purpose of the search.
# Md. Code Ann., GCS § 6-109(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A judge who receives an application for a search warrant may issue a warrant on a finding that:
# Md. Code Ann., GCS § 6-109(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the scope of the proposed search is reasonable; and
# Md. Code Ann., GCS § 6-109(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
obtaining consent to enter the premises may jeopardize the attempt to take custody of the offender.
# Md. Code Ann., GCS § 6-109(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 6-109(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A search warrant issued under this section shall specify the location of the premises to be searched.
# Md. Code Ann., GCS § 6-109(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
# Md. Code Ann., GCS § 6-109(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
A search warrant issued under this section shall be executed and returned to the issuing judge:
# Md. Code Ann., GCS § 6-109(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
# Md. Code Ann., GCS § 6-109(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
within 15 days after the warrant is issued, if no period is specified in the warrant.
# Md. Code Ann., GCS § 6-109(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-109 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–110
Each duly qualified parole agent of the Division has visitorial powers over any correctional facility in which an incarcerated individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.
# Md. Code Ann., GCS § 6-110 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–111
If a court suspends the sentence of an individual convicted of a crime and orders the individual to continue under the supervision of the Division for a specified time or until ordered otherwise, the Division shall:
(1)
administer a validated screening tool on the individual;
# Md. Code Ann., GCS § 6-111(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
administer a risk and needs assessment and develop an individualized case plan for each individual who has been screened as moderate or high risk to reoffend;
# Md. Code Ann., GCS § 6-111(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
supervise an individual based on the probation order and, to the extent not inconsistent with that order, on the results of a validated screening tool or risk and needs assessment conducted under items (1) or (2) of this section;
# Md. Code Ann., GCS § 6-111(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
notwithstanding any other law, impose graduated sanctions under § 6–121 of this subtitle in response to technical violations as an alternative to seeking revocation under § 6–223 or § 6–224 of the Criminal Procedure Article;
# Md. Code Ann., GCS § 6-111(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
provide prompt notice to the court of any technical violations committed and graduated sanctions imposed under § 6–121 of this subtitle; and
# Md. Code Ann., GCS § 6-111(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
report to the court on the individual’s compliance.
# Md. Code Ann., GCS § 6-111(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-111 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–112
(a)
# Md. Code Ann., GCS § 6-112(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On request of a court, a parole and probation agent of the Division shall:
# Md. Code Ann., GCS § 6-112(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
provide the court with a presentence investigation report;
# Md. Code Ann., GCS § 6-112(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
conduct other investigations; and
# Md. Code Ann., GCS § 6-112(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
perform other probationary services.
# Md. Code Ann., GCS § 6-112(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except on court order, a presentence investigation report is confidential and is not available for public inspection.
# Md. Code Ann., GCS § 6-112(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
On request, a presentence investigation report shall be made available to:
# Md. Code Ann., GCS § 6-112(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the defendant;
# Md. Code Ann., GCS § 6-112(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the defendant’s attorney;
# Md. Code Ann., GCS § 6-112(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the State’s Attorney;
# Md. Code Ann., GCS § 6-112(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a correctional facility;
# Md. Code Ann., GCS § 6-112(a)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a parole, probation, or pretrial release official of this State, any other state, or the United States;
# Md. Code Ann., GCS § 6-112(a)(3)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or
# Md. Code Ann., GCS § 6-112(a)(3)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation.
# Md. Code Ann., GCS § 6-112(a)(3)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-112(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before:
# Md. Code Ann., GCS § 6-112(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or
# Md. Code Ann., GCS § 6-112(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
referring a defendant to the Patuxent Institution.
# Md. Code Ann., GCS § 6-112(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The party that requests the report has the burden of establishing that the investigation should be ordered.
# Md. Code Ann., GCS § 6-112(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If required under § 11–402 of the Criminal Procedure Article, the report shall include a victim impact statement.
# Md. Code Ann., GCS § 6-112(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If the defendant has been convicted of a felony or misdemeanor that is related to the defendant’s membership in a criminal organization, as defined in § 9–801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant.
# Md. Code Ann., GCS § 6-112(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 6-112(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2–203 of the Criminal Law Article.
# Md. Code Ann., GCS § 6-112(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The report shall include a victim impact statement as provided under § 11–402 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 6-112(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court or jury before which the separate sentencing proceeding is conducted under § 2–304 of the Criminal Law Article shall consider the report.
# Md. Code Ann., GCS § 6-112(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-112 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–113
The Division and the Division of Correction shall keep the report submitted under § 15–105 of the Criminal Procedure Article on file so that each unit has an abstract of each case for which application for parole may be made under this article.
# Md. Code Ann., GCS § 6-113 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–114
(a)
The Division may establish a citizens’ support unit to be known as “GUIDE”, which stands for: give understanding, inspiration, direction, and encouragement.
# Md. Code Ann., GCS § 6-114(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The unit shall consist of residents of the State who volunteer their time and services to aid in the education and counseling of parolees and probationers.
# Md. Code Ann., GCS § 6-114(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-114 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–115
(a)
# Md. Code Ann., GCS § 6-115(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 6-115(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Program fee” means any fee the Division assesses on a supervisee the Division places in the Drinking Driver Monitor Program.
# Md. Code Ann., GCS § 6-115(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Supervisee” means a person that the court places under the supervision of the Division.
# Md. Code Ann., GCS § 6-115(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Supervision fee” means the fee the court orders under § 6–226 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 6-115(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
All supervisees placed in the Drinking Driver Monitor Program by the Division shall be:
# Md. Code Ann., GCS § 6-115(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
subject to a monthly supervision fee in accordance with § 6–226 of the Criminal Procedure Article; and
# Md. Code Ann., GCS § 6-115(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
assessed a monthly Program fee of $75 by the Division.
# Md. Code Ann., GCS § 6-115(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 6-115(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Program fee imposed under this section shall be paid to the Division by all supervisees in the Drinking Driver Monitor Program.
# Md. Code Ann., GCS § 6-115(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Division shall pay the Program fees collected under this section into the Drinking Driver Monitor Program Fund.
# Md. Code Ann., GCS § 6-115(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Notwithstanding subsections (b) and (c) of this section, the Division may exempt a supervisee as a whole or in part from the Program fee imposed under this section if:
# Md. Code Ann., GCS § 6-115(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee;
# Md. Code Ann., GCS § 6-115(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 6-115(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the supervisee is a student in a school, college, or university or is enrolled in a course of vocational or technical training designed to prepare the student for gainful employment; and
# Md. Code Ann., GCS § 6-115(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
certification of student status is supplied to the Division by the institution in which the supervisee is enrolled;
# Md. Code Ann., GCS § 6-115(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted by the Division;
# Md. Code Ann., GCS § 6-115(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or
# Md. Code Ann., GCS § 6-115(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
other extenuating circumstances exist.
# Md. Code Ann., GCS § 6-115(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-115 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–116
(a)
There is a Drinking Driver Monitor Program Fund.
# Md. Code Ann., GCS § 6-116(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Fund shall be used for all costs of the Drinking Driver Monitor Program.
# Md. Code Ann., GCS § 6-116(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 6-116(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 6-116(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
# Md. Code Ann., GCS § 6-116(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Fund consists of:
# Md. Code Ann., GCS § 6-116(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the program fees paid by supervisees in the Drinking Driver Monitor Program; and
# Md. Code Ann., GCS § 6-116(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
investment earnings of the Fund.
# Md. Code Ann., GCS § 6-116(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The money of the Fund shall be invested in the same manner as other State money.
# Md. Code Ann., GCS § 6-116(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
Expenditures from the Fund may be made only:
# Md. Code Ann., GCS § 6-116(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in accordance with the State budget; or
# Md. Code Ann., GCS § 6-116(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
by the budget amendment procedure as provided in § 7-209 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 6-116(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Fund is subject to audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.
# Md. Code Ann., GCS § 6-116(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-116 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–117
(a)
# Md. Code Ann., GCS § 6-117(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 6-117(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Abatement” means an end to active supervision or home detention of a supervised individual, without effect on the legal expiration date of the case or the supervised individual’s obligation to:
# Md. Code Ann., GCS § 6-117(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
obey all laws; and
# Md. Code Ann., GCS § 6-117(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
obtain written permission from the Division of Parole and Probation before relocating the supervised individual’s residence outside the State.
# Md. Code Ann., GCS § 6-117(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Earned compliance credit” means a 20–day reduction from the period of active supervision or home detention of the supervised individual for every month that a supervised individual:
# Md. Code Ann., GCS § 6-117(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
exhibits compliance with the conditions and goals of the supervised individual’s probation, parole, or mandatory release supervision, as determined by the Department;
# Md. Code Ann., GCS § 6-117(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no new arrests;
# Md. Code Ann., GCS § 6-117(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
has not violated any conditions of no contact imposed on the supervised individual;
# Md. Code Ann., GCS § 6-117(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
except for a monthly supervision fee imposed under § 7–702 of this article or § 6–226 of the Criminal Procedure Article, is current on court ordered payments for restitution, fines, and fees relating to the offense for which earned compliance credits are being accrued;
# Md. Code Ann., GCS § 6-117(a)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
is current in completing any community supervision requirements included in the conditions of the supervised individual’s probation, parole, or mandatory release supervision; and
# Md. Code Ann., GCS § 6-117(a)(3)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
if applicable, has been compliant with any supervision requirements of a private home detention monitoring agency.
# Md. Code Ann., GCS § 6-117(a)(3)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Home detention” means monitoring by a private home detention monitoring agency licensed under Title 20, Subtitle 1 of the Business Occupations and Professions Article.
# Md. Code Ann., GCS § 6-117(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 6-117(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Supervised individual” means an individual placed on probation by a court or serving a period of parole or mandatory release supervision after release from a correctional facility.
# Md. Code Ann., GCS § 6-117(a)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
“Supervised individual” includes an individual being monitored by a private home detention monitoring agency as a condition of probation.
# Md. Code Ann., GCS § 6-117(a)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
“Supervised individual” does not include:
# Md. Code Ann., GCS § 6-117(a)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a person incarcerated, on probation, or convicted in this State for a crime of violence;
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a person incarcerated, on probation, or convicted in this State for a crime under Title 3, Subtitle 3 of the Criminal Law Article;
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a person incarcerated, on probation, or convicted in this State for a violation of § 2–503, §§ 5–612 through 5–614, § 5–627, or § 5–628 of the Criminal Law Article;
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
a person registered or eligible for registration under Title 11, Subtitle 7 of the Criminal Procedure Article;
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
a person who was convicted in any other jurisdiction of a crime and the person’s supervision was transferred to this State; or
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6.)
a person who was convicted in this State of a crime and the person’s supervision was transferred to another state.
# Md. Code Ann., GCS § 6-117(a)(5)(iii)(6.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Department shall:
# Md. Code Ann., GCS § 6-117(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish a program to implement earned compliance credits; and
# Md. Code Ann., GCS § 6-117(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
adopt policies and procedures to implement the program.
# Md. Code Ann., GCS § 6-117(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 6-117(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Notwithstanding any other law, the Maryland Parole Commission or the court shall adjust the period of a supervised individual’s supervision or home detention on the recommendation of the Division of Parole and Probation for earned compliance credits accrued under a program created under this section.
# Md. Code Ann., GCS § 6-117(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Once a combination of time served on probation, parole, or mandatory supervision, and earned compliance credits satisfy the supervised individual’s active term of supervision or home detention, the Division shall place the individual on abatement.
# Md. Code Ann., GCS § 6-117(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Division shall:
# Md. Code Ann., GCS § 6-117(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
provide regular notification to a supervised individual of the tentative abatement transfer date; and
# Md. Code Ann., GCS § 6-117(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
develop policies for notifying a supervised individual of change to the abatement transfer date.
# Md. Code Ann., GCS § 6-117(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
At least 90 days before the date of transfer to abatement, the Division shall notify the Commission or the court of the impending transfer.
# Md. Code Ann., GCS § 6-117(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
A supervised individual whose period of active supervision or home detention has been completely reduced as a result of earned compliance credits shall remain on abatement until the expiration of the supervised individual’s sentence, unless:
# Md. Code Ann., GCS § 6-117(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the supervised individual consents to continued active supervision or home detention; or
# Md. Code Ann., GCS § 6-117(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the supervised individual violates a condition of probation, parole, or mandatory release supervision including failure to pay a required payment of restitution.
# Md. Code Ann., GCS § 6-117(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
A supervised individual who is placed on abatement under this section may not be required to:
# Md. Code Ann., GCS § 6-117(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
regularly report to a parole or probation agent; or
# Md. Code Ann., GCS § 6-117(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pay a supervision fee.
# Md. Code Ann., GCS § 6-117(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
If a supervised individual violates a condition of probation while on abatement, a court may order the supervised individual to be returned to active supervision or home detention.
# Md. Code Ann., GCS § 6-117(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 6-117(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Twenty–five percent of the savings realized by the Department as a result of the application of earned compliance credits shall revert to the Department.
# Md. Code Ann., GCS § 6-117(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After the savings revert to the Department in accordance with paragraph (1) of this subsection, any remaining savings shall revert to the Performance Incentive Grant Fund established under § 9–3209 of the State Government Article.
# Md. Code Ann., GCS § 6-117(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
This section may not be construed to limit the authority of a court or the Parole Commission to extend probation, parole, or mandatory release supervision under § 6–222 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 6-117(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
The Department shall develop an automated application for the tracking and awarding of earned compliance credits by the Division.
# Md. Code Ann., GCS § 6-117(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-117 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–118
When considering disciplinary action related to the performance of a parole and probation employee, the Division shall consider the size of the employee’s active caseload and the classification of the offenders within the employee’s active caseload at the time of the event giving rise to the consideration of disciplinary action.
# Md. Code Ann., GCS § 6-118 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–119
(a)
# Md. Code Ann., GCS § 6-119(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 6-119(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Evidence–based programs and practices” means programs proven by scientific research to reliably produce reductions in recidivism.
# Md. Code Ann., GCS § 6-119(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Innovative programs and practices” means programs that do not meet the standard of evidence–based practices but which preliminary research or data indicates will reduce the likelihood of offender recidivism.
# Md. Code Ann., GCS § 6-119(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division shall use practicable and suitable methods that are consistent with evidence–based programs and practices and innovative programs and practices to aid and encourage a probationer or parolee to improve conduct, to reduce the risk of recidivism, and to pay restitution.
# Md. Code Ann., GCS § 6-119(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division shall have an independent validation study conducted every 3 years on the risk and needs assessment tool.
# Md. Code Ann., GCS § 6-119(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-119 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–120
The Department shall require all parole and probation agents and supervisors, Commission members, and hearing officers to undergo annual training based on the most current research, regarding:
(1)
identifying, understanding, and targeting an individual’s criminal risk factors;
# Md. Code Ann., GCS § 6-120(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
principles of effective risk interventions; and
# Md. Code Ann., GCS § 6-120(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
supporting and encouraging compliance and behavior change, including regarding the payment of restitution.
# Md. Code Ann., GCS § 6-120(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-120 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–121
(a)
This section shall apply to all individuals under the supervision of the Division.
# Md. Code Ann., GCS § 6-121(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-121(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division shall impose graduated sanctions in response to technical violations of conditions of supervision.
# Md. Code Ann., GCS § 6-121(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Graduated sanctions may not include incarceration or involuntary detention.
# Md. Code Ann., GCS § 6-121(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Division shall provide notice to the court of a technical violation committed and a graduated sanction imposed as a result of the violation.
# Md. Code Ann., GCS § 6-121(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Department shall:
# Md. Code Ann., GCS § 6-121(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish a program to implement the use of graduated sanctions in response to technical violations of the conditions of community supervision;
# Md. Code Ann., GCS § 6-121(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
adopt policies and procedures to implement the program and to ensure that due process protections are in place for an individual under the supervision of the Division to challenge graduated sanctions imposed under the program; and
# Md. Code Ann., GCS § 6-121(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
develop a matrix to guide a parole and probation agent in determining the suitable response to a technical violation that includes a range of the most common violations and a range of possible noncustodial sanctions to be imposed.
# Md. Code Ann., GCS § 6-121(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If the available graduated sanctions have been exhausted, the Division shall refer the individual to the court or the Commission for additional sanctions, including formal revocation of probation, parole, or mandatory supervision under § 7–401 or § 7–504 of this article or § 6–223 or § 6–224 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 6-121(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-121 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–201
This subtitle may be cited as the Interstate Compact for Adult Offender Supervision.
# Md. Code Ann., GCS § 6-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–202
Article I. Purpose.
(a)
The compacting states to this Interstate Compact recognize that:
# Md. Code Ann., GCS § 6-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this Compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions; and
# Md. Code Ann., GCS § 6-202(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
# Md. Code Ann., GCS § 6-202(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
It is the purpose of this Compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states:
# Md. Code Ann., GCS § 6-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
To provide the framework for the promotion of public safety and protect the right of victims through the control and regulation of the interstate movement of offenders in the community;
# Md. Code Ann., GCS § 6-202(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and
# Md. Code Ann., GCS § 6-202(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
To equitably distribute the costs, benefits, and obligations of the Compact among the compacting states.
# Md. Code Ann., GCS § 6-202(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
This Compact will:
# Md. Code Ann., GCS § 6-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this Compact;
# Md. Code Ann., GCS § 6-202(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;
# Md. Code Ann., GCS § 6-202(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators;
# Md. Code Ann., GCS § 6-202(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and
# Md. Code Ann., GCS § 6-202(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
# Md. Code Ann., GCS § 6-202(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this Compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
# Md. Code Ann., GCS § 6-202(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–203
Article II. Definitions.
(a)
As used in this subtitle the following words have the meanings indicated, unless the context clearly requires a different construction.
# Md. Code Ann., GCS § 6-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
# Md. Code Ann., GCS § 6-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
# Md. Code Ann., GCS § 6-203(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact.
# Md. Code Ann., GCS § 6-203(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Compacting state” means any state which has enacted the enabling legislation for this Compact.
# Md. Code Ann., GCS § 6-203(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this Compact.
# Md. Code Ann., GCS § 6-203(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
“Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this Compact.
# Md. Code Ann., GCS § 6-203(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
“Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
# Md. Code Ann., GCS § 6-203(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Noncompacting state” means any state which has not enacted the enabling legislation for this Compact.
# Md. Code Ann., GCS § 6-203(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
“Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
# Md. Code Ann., GCS § 6-203(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
“Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.
# Md. Code Ann., GCS § 6-203(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
“Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this Compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
# Md. Code Ann., GCS § 6-203(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
“State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.
# Md. Code Ann., GCS § 6-203(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
“State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this Compact.
# Md. Code Ann., GCS § 6-203(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–204
Article III. The Compact Commission.
(a)
The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.
# Md. Code Ann., GCS § 6-204(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.
# Md. Code Ann., GCS § 6-204(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
# Md. Code Ann., GCS § 6-204(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Interstate Commission shall establish an Executive Committee which shall include Commission officers, members, and others as shall be determined by the bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact.
# Md. Code Ann., GCS § 6-204(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Executive Committee shall:
# Md. Code Ann., GCS § 6-204(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Oversee the day-to-day activities managed by the Executive Director and Interstate Commission staff;
# Md. Code Ann., GCS § 6-204(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Administer enforcement and compliance with the provisions of the Compact and its bylaws, as directed by the Interstate Commission; and
# Md. Code Ann., GCS § 6-204(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Perform other duties as directed by the Commission or set forth in the bylaws.
# Md. Code Ann., GCS § 6-204(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–205
Article IV. The State Council.
(a)
Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state.
# Md. Code Ann., GCS § 6-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Each State Council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state.
# Md. Code Ann., GCS § 6-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
While each member state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and Compact Administrators.
# Md. Code Ann., GCS § 6-205(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the State Council or by the governor in consultation with the legislature and the judiciary.
# Md. Code Ann., GCS § 6-205(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
In addition to appointment of its commissioner to the national Interstate Commission, each State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the Compact within that state.
# Md. Code Ann., GCS § 6-205(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–206
Article V. Powers and Duties of the Interstate Commission.
The Interstate Commission shall have the following powers:
(1)
To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission;
# Md. Code Ann., GCS § 6-206(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting state to the extent and in the manner provided in this Compact;
# Md. Code Ann., GCS § 6-206(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this Compact and any bylaws adopted and rules promulgated by the Compact Commission;
# Md. Code Ann., GCS § 6-206(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
To enforce compliance with Compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including but not limited to, the use of judicial process;
# Md. Code Ann., GCS § 6-206(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
To establish and maintain offices;
# Md. Code Ann., GCS § 6-206(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
To purchase and maintain insurance and bonds;
# Md. Code Ann., GCS § 6-206(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs;
# Md. Code Ann., GCS § 6-206(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III of this Compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;
# Md. Code Ann., GCS § 6-206(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
# Md. Code Ann., GCS § 6-206(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;
# Md. Code Ann., GCS § 6-206(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed;
# Md. Code Ann., GCS § 6-206(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed;
# Md. Code Ann., GCS § 6-206(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
To establish a budget and make expenditures and levy dues as provided in Article X of this Compact;
# Md. Code Ann., GCS § 6-206(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(14)
To sue and be sued;
# Md. Code Ann., GCS § 6-206(14) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(15)
To provide for dispute resolution among compacting states;
# Md. Code Ann., GCS § 6-206(15) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(16)
To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact;
# Md. Code Ann., GCS § 6-206(16) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(17)
To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;
# Md. Code Ann., GCS § 6-206(17) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(18)
To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity; and
# Md. Code Ann., GCS § 6-206(18) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(19)
To establish uniform standards for the reporting, collecting, and exchanging of data.
# Md. Code Ann., GCS § 6-206(19) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–207
Article VI. Organization and Operation of the Interstate Commission.
(a)
The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:
# Md. Code Ann., GCS § 6-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Establishing the fiscal year of the Interstate Commission;
# Md. Code Ann., GCS § 6-207(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Establishing an Executive Committee and such other committees as may be necessary;
# Md. Code Ann., GCS § 6-207(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Providing reasonable standards and procedures:
# Md. Code Ann., GCS § 6-207(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
For the establishment of committees; and
# Md. Code Ann., GCS § 6-207(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Governing any general or specific delegation of any authority or function of the Interstate Commission;
# Md. Code Ann., GCS § 6-207(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
# Md. Code Ann., GCS § 6-207(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Establishing the titles and responsibilities of the officers of the Interstate Commission;
# Md. Code Ann., GCS § 6-207(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission;
# Md. Code Ann., GCS § 6-207(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
# Md. Code Ann., GCS § 6-207(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
Providing transition rules for “start up” administration of the Compact; and
# Md. Code Ann., GCS § 6-207(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.
# Md. Code Ann., GCS § 6-207(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission.
# Md. Code Ann., GCS § 6-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 6-207(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.
# Md. Code Ann., GCS § 6-207(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
# Md. Code Ann., GCS § 6-207(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
# Md. Code Ann., GCS § 6-207(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
# Md. Code Ann., GCS § 6-207(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 6-207(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The members, officers, Executive Director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
# Md. Code Ann., GCS § 6-207(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Interstate Commission shall defend the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
# Md. Code Ann., GCS § 6-207(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
# Md. Code Ann., GCS § 6-207(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–208
Article VII. Activities of the Interstate Commission.
(a)
The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact.
# Md. Code Ann., GCS § 6-208(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except as otherwise provided in this Compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
# Md. Code Ann., GCS § 6-208(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the Commissioners from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
# Md. Code Ann., GCS § 6-208(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
# Md. Code Ann., GCS § 6-208(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
# Md. Code Ann., GCS § 6-208(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 6-208(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act”, 5 U.S.C. Section 552b, as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to:
# Md. Code Ann., GCS § 6-208(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Relate solely to the Interstate Commission’s internal personnel practices and procedures;
# Md. Code Ann., GCS § 6-208(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Disclose matters specifically exempted from disclosure by statute;
# Md. Code Ann., GCS § 6-208(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Disclose trade secrets or commercial or financial information which is privileged or confidential;
# Md. Code Ann., GCS § 6-208(f)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
Involve accusing any person of a crime or formally censuring any person;
# Md. Code Ann., GCS § 6-208(f)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
# Md. Code Ann., GCS § 6-208(f)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
Disclose investigatory records compiled for law enforcement purposes;
# Md. Code Ann., GCS § 6-208(f)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
# Md. Code Ann., GCS § 6-208(f)(1)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; and
# Md. Code Ann., GCS § 6-208(f)(1)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ix)
Specifically relate to the Interstate Commission’s issuance of a subpoena or its participation in a civil action or proceeding.
# Md. Code Ann., GCS § 6-208(f)(1)(ix) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
For every meeting closed pursuant to this subsection, the Interstate Commission’s chief legal officer shall publicly certify that, in the chief legal officer’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
# Md. Code Ann., GCS § 6-208(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.
# Md. Code Ann., GCS § 6-208(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–209
Article VIII. Rulemaking Functions of the Interstate Commission.
(a)
The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the Compact during the period in which it is being considered and enacted by the states.
# Md. Code Ann., GCS § 6-209(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the federal Advisory Committee Act, 5 U.S.C. App. § 1 et seq., as may be amended (hereinafter “APA”). All rules and amendments shall become binding as of the date specified in each rule or amendment.
# Md. Code Ann., GCS § 6-209(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compacting state.
# Md. Code Ann., GCS § 6-209(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
When promulgating a rule, the Interstate Commission shall:
# Md. Code Ann., GCS § 6-209(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
# Md. Code Ann., GCS § 6-209(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;
# Md. Code Ann., GCS § 6-209(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Provide an opportunity for an informal hearing; and
# Md. Code Ann., GCS § 6-209(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
# Md. Code Ann., GCS § 6-209(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
# Md. Code Ann., GCS § 6-209(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
Subjects to be addressed within 12 months after the first meeting must at a minimum include:
# Md. Code Ann., GCS § 6-209(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Notice to victims and opportunity to be heard;
# Md. Code Ann., GCS § 6-209(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Offender registration and compliance;
# Md. Code Ann., GCS § 6-209(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Violations/returns;
# Md. Code Ann., GCS § 6-209(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Transfer procedures and forms;
# Md. Code Ann., GCS § 6-209(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Eligibility for transfer;
# Md. Code Ann., GCS § 6-209(f)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
Collection of restitution and fees from offenders;
# Md. Code Ann., GCS § 6-209(f)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
Data collection and reporting;
# Md. Code Ann., GCS § 6-209(f)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
The level of supervision to be provided by the receiving state;
# Md. Code Ann., GCS § 6-209(f)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact; and
# Md. Code Ann., GCS § 6-209(f)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
Mediation, arbitration, and dispute resolution.
# Md. Code Ann., GCS § 6-209(f)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The existing rules governing the operation of the previous Compact superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
# Md. Code Ann., GCS § 6-209(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule.
# Md. Code Ann., GCS § 6-209(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-209 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–210
Article IX. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.
(a)
# Md. Code Ann., GCS § 6-210(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
# Md. Code Ann., GCS § 6-210(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes.
# Md. Code Ann., GCS § 6-210(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-210(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
# Md. Code Ann., GCS § 6-210(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and noncompacting states.
# Md. Code Ann., GCS § 6-210(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
# Md. Code Ann., GCS § 6-210(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact using any or all means set forth in § 6–213(b) of this subtitle.
# Md. Code Ann., GCS § 6-210(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-210 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–211
Article X. Finance.
(a)
The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
# Md. Code Ann., GCS § 6-211(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
# Md. Code Ann., GCS § 6-211(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
# Md. Code Ann., GCS § 6-211(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
# Md. Code Ann., GCS § 6-211(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-211 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–212
Article XI. Compacting States, Effective Date and Amendment.
(a)
Any state is eligible to become a compacting state.
# Md. Code Ann., GCS § 6-212(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the Compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.
# Md. Code Ann., GCS § 6-212(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Amendments to the Compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
# Md. Code Ann., GCS § 6-212(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-212 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–213
Article XII. Withdrawal, Default, Termination, and Judicial Enforcement.
(a)
# Md. Code Ann., GCS § 6-213(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Once effective, the Compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the Compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the Compact into law.
# Md. Code Ann., GCS § 6-213(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The effective date of withdrawal is the effective date of the repeal.
# Md. Code Ann., GCS § 6-213(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
# Md. Code Ann., GCS § 6-213(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
# Md. Code Ann., GCS § 6-213(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
# Md. Code Ann., GCS § 6-213(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-213(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
# Md. Code Ann., GCS § 6-213(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Fines, fees, and costs in such amount as are deemed to be reasonable as fixed by the Interstate Commission;
# Md. Code Ann., GCS § 6-213(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Remedial training and technical assistance as directed by the Interstate Commission; or
# Md. Code Ann., GCS § 6-213(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Suspension and termination of membership in the Compact.
# Md. Code Ann., GCS § 6-213(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 6-213(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted.
# Md. Code Ann., GCS § 6-213(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.
# Md. Code Ann., GCS § 6-213(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission bylaws, or duly promulgated rules.
# Md. Code Ann., GCS § 6-213(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed therein, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the State Council of such termination.
# Md. Code Ann., GCS § 6-213(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
# Md. Code Ann., GCS § 6-213(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
# Md. Code Ann., GCS § 6-213(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
# Md. Code Ann., GCS § 6-213(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 6-213(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the Compact to one compacting state.
# Md. Code Ann., GCS § 6-213(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Upon dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
# Md. Code Ann., GCS § 6-213(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-213 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–214
Article XIII. Severability and Construction.
(a)
The provision of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provision of the Compact shall be enforceable.
# Md. Code Ann., GCS § 6-214(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The provisions of this Compact shall be liberally constructed to effectuate its purposes.
# Md. Code Ann., GCS § 6-214(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-214 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 6–215
Article XIV. Binding Effect of Compact and Other Laws.
(a)
# Md. Code Ann., GCS § 6-215(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with the Compact.
# Md. Code Ann., GCS § 6-215(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
All compacting states’ laws conflicting with this Compact are superseded to the extent of the conflict.
# Md. Code Ann., GCS § 6-215(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 6-215(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
# Md. Code Ann., GCS § 6-215(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
# Md. Code Ann., GCS § 6-215(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission action, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
# Md. Code Ann., GCS § 6-215(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
# Md. Code Ann., GCS § 6-215(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 6-215 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–101
(a)
In this title the following words have the meanings indicated.
# Md. Code Ann., GCS § 7-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Commission” means the Maryland Parole Commission.
# Md. Code Ann., GCS § 7-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commissioner” means a member of the Maryland Parole Commission.
# Md. Code Ann., GCS § 7-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Commutation of sentence” means an act of clemency in which the Governor, by order, substitutes a lesser penalty for the grantee’s offense for the penalty imposed by the court in which the grantee was convicted.
# Md. Code Ann., GCS § 7-101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Conditional commutation of sentence” means a commutation of sentence that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the commutation.
# Md. Code Ann., GCS § 7-101(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Conditional pardon” means a pardon that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the pardon.
# Md. Code Ann., GCS § 7-101(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 7-101(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Mandatory supervision” means a conditional release from confinement that is granted to an incarcerated individual under § 7–501 of this title.
# Md. Code Ann., GCS § 7-101(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Mandatory supervision” includes a conditional release granted before July 1, 1989 that was referred to as “mandatory release”.
# Md. Code Ann., GCS § 7-101(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
“Pardon” means an act of clemency in which the Governor, by order, absolves the grantee from the guilt of the grantee’s criminal acts and exempts the grantee from any penalties imposed by law for those criminal acts.
# Md. Code Ann., GCS § 7-101(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Parole” means a conditional release from confinement granted by the Commission to an incarcerated individual.
# Md. Code Ann., GCS § 7-101(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
“Parolee” means an incarcerated individual who has been released on parole.
# Md. Code Ann., GCS § 7-101(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
“Partial pardon” means a pardon that has been limited by the terms of the order granting the pardon to be of less effect than a full pardon.
# Md. Code Ann., GCS § 7-101(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
“Predetermined parole release agreement” means an agreement among the Commissioner of Correction, the Commission, and an incarcerated individual for the parole of the incarcerated individual at a predetermined time if, during the incarcerated individual’s term of confinement, the incarcerated individual fulfills the conditions specified in the agreement.
# Md. Code Ann., GCS § 7-101(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
“Violent crime” means:
# Md. Code Ann., GCS § 7-101(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a crime of violence as defined in § 14–101 of the Criminal Law Article; or
# Md. Code Ann., GCS § 7-101(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
burglary in the first, second, or third degree.
# Md. Code Ann., GCS § 7-101(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–102
This title does not apply to:
(1)
an incarcerated individual retained in the custody of Patuxent Institution for:
# Md. Code Ann., GCS § 7-102(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
examination to determine if the incarcerated individual is an eligible person, as defined in § 4–101 of this article; or
# Md. Code Ann., GCS § 7-102(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
confinement as an eligible person under Title 4 of this article; or
# Md. Code Ann., GCS § 7-102(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a juvenile committed to the jurisdiction of the Department of Juvenile Services or an institution or facility under its jurisdiction.
# Md. Code Ann., GCS § 7-102(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–103
(a)
In this section, “offender” has the meaning stated in § 6–101 of this article.
# Md. Code Ann., GCS § 7-103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Department may issue a certificate of completion to an offender who:
# Md. Code Ann., GCS § 7-103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
was supervised by the Department under conditions of:
# Md. Code Ann., GCS § 7-103(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
parole;
# Md. Code Ann., GCS § 7-103(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
probation; or
# Md. Code Ann., GCS § 7-103(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
mandatory release supervision;
# Md. Code Ann., GCS § 7-103(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and
# Md. Code Ann., GCS § 7-103(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is no longer under the jurisdiction of the Department.
# Md. Code Ann., GCS § 7-103(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–104
(a)
The Department shall issue a certificate of rehabilitation to an individual who:
# Md. Code Ann., GCS § 7-104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
was convicted of a misdemeanor or felony that is not:
# Md. Code Ann., GCS § 7-104(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a crime of violence, as defined in § 14–101 of the Criminal Law Article; or
# Md. Code Ann., GCS § 7-104(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;
# Md. Code Ann., GCS § 7-104(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
was supervised by the Division of Parole and Probation under conditions of:
# Md. Code Ann., GCS § 7-104(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
parole;
# Md. Code Ann., GCS § 7-104(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
probation; or
# Md. Code Ann., GCS § 7-104(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
mandatory release supervision;
# Md. Code Ann., GCS § 7-104(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and
# Md. Code Ann., GCS § 7-104(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
is no longer under the jurisdiction of the Division of Parole and Probation.
# Md. Code Ann., GCS § 7-104(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
It is the policy of the State to encourage the employment of nonviolent ex–offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.
# Md. Code Ann., GCS § 7-104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A licensing board may not deny an occupational license or certificate to an applicant who has been issued a certificate of rehabilitation solely on the basis that the applicant has previously been convicted of the crime that is the subject of the certificate of rehabilitation, unless the licensing board determines that:
# Md. Code Ann., GCS § 7-104(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
there is a direct relationship between the applicant’s previous conviction and the specific occupational license or certificate sought; or
# Md. Code Ann., GCS § 7-104(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
# Md. Code Ann., GCS § 7-104(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
In making a determination under subsection (c) of this section, the licensing board shall consider:
# Md. Code Ann., GCS § 7-104(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the policy of the State expressed in subsection (b) of this section;
# Md. Code Ann., GCS § 7-104(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the specific duties and responsibilities required of a licensee or certificate holder;
# Md. Code Ann., GCS § 7-104(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
whether the applicant’s previous conviction has any impact on the applicant’s fitness or ability to perform the duties and responsibilities authorized by the license or certificate;
# Md. Code Ann., GCS § 7-104(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;
# Md. Code Ann., GCS § 7-104(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the seriousness of the offense for which the applicant was convicted;
# Md. Code Ann., GCS § 7-104(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
other information provided by the applicant or on the applicant’s behalf with regard to the applicant’s rehabilitation and good conduct; and
# Md. Code Ann., GCS § 7-104(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the legitimate interest of the Department in protecting property and the safety and welfare of specific individuals or the general public.
# Md. Code Ann., GCS § 7-104(d)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An individual may receive only one certificate of rehabilitation per lifetime.
# Md. Code Ann., GCS § 7-104(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The Supreme Court of Maryland is not a licensing board for purposes of this section.
# Md. Code Ann., GCS § 7-104(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Department shall adopt regulations establishing an application and review process for a certificate of rehabilitation that allows the State’s Attorney and the victim to object to the issuance of the certificate of rehabilitation.
# Md. Code Ann., GCS § 7-104(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–201
There is a Maryland Parole Commission in the Department.
# Md. Code Ann., GCS § 7-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–202
(a)
# Md. Code Ann., GCS § 7-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission consists of ten members.
# Md. Code Ann., GCS § 7-202(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
With the approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the members of the Commission.
# Md. Code Ann., GCS § 7-202(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Each commissioner shall:
# Md. Code Ann., GCS § 7-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be appointed without regard to political affiliation;
# Md. Code Ann., GCS § 7-202(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be a resident of the State; and
# Md. Code Ann., GCS § 7-202(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.
# Md. Code Ann., GCS § 7-202(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Each commissioner:
# Md. Code Ann., GCS § 7-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall devote full time to the duties of the Commission; and
# Md. Code Ann., GCS § 7-202(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may not have any other employment that conflicts with the commissioner’s devotion of full time to the duties of the Commission.
# Md. Code Ann., GCS § 7-202(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-202(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The term of a commissioner is 6 years.
# Md. Code Ann., GCS § 7-202(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 7-202(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 7-202(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-202(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Governor, the Secretary may remove a commissioner for disability, neglect of duty, or misconduct in office.
# Md. Code Ann., GCS § 7-202(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before removing a commissioner, the Secretary shall:
# Md. Code Ann., GCS § 7-202(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
give the commissioner written notice of the charges against the commissioner; and
# Md. Code Ann., GCS § 7-202(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
hold a public hearing on the charges.
# Md. Code Ann., GCS § 7-202(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 7-202(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a commissioner is unable to perform the commissioner’s duties because of sickness, incapacity, or disqualification, the Secretary may appoint a hearing examiner to the Commission to perform those duties until that commissioner is able to resume those duties or until a new commissioner is appointed and qualifies.
# Md. Code Ann., GCS § 7-202(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A hearing examiner appointed under this subsection is entitled to the same compensation as a commissioner.
# Md. Code Ann., GCS § 7-202(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A hearing examiner appointed under this subsection may not participate in a proceeding before the Commission in which the hearing examiner participated as a hearing examiner.
# Md. Code Ann., GCS § 7-202(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
With the approval of the Governor, the Secretary shall designate a chairperson of the Commission from among its members.
# Md. Code Ann., GCS § 7-202(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–203
(a)
Each commissioner is entitled to:
# Md. Code Ann., GCS § 7-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
compensation in accordance with the State budget; and
# Md. Code Ann., GCS § 7-203(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 7-203(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The General Assembly may provide for an increase in the compensation of commissioners during their terms in the same proportion as any average compensation increase awarded to State employees generally.
# Md. Code Ann., GCS § 7-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–204
(a)
# Md. Code Ann., GCS § 7-204(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall appoint the staff necessary to perform the duties of the Commission.
# Md. Code Ann., GCS § 7-204(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The activities of the staff may not duplicate or conflict with the functions and services of the Division of Parole and Probation.
# Md. Code Ann., GCS § 7-204(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Except as otherwise provided by law, the staff is subject to the provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 7-204(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-204(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-204(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Secretary may appoint the hearing examiners necessary to conduct parole release hearings under paragraph (2) of this subsection, as provided in the State budget.
# Md. Code Ann., GCS § 7-204(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Each hearing examiner shall:
# Md. Code Ann., GCS § 7-204(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
be appointed without regard to political affiliation;
# Md. Code Ann., GCS § 7-204(b)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
be a resident of the State; and
# Md. Code Ann., GCS § 7-204(b)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
have training and experience in law, sociology, psychology, psychiatry, education, social work, or criminology.
# Md. Code Ann., GCS § 7-204(b)(1)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
A hearing examiner is entitled to compensation in accordance with the State budget.
# Md. Code Ann., GCS § 7-204(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A hearing examiner or a commissioner acting as a hearing examiner may hear cases for parole release that are not required to be heard by the Commission under § 7-205(a)(3) of this subtitle.
# Md. Code Ann., GCS § 7-204(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–205
(a)
The Commission has the exclusive power to:
# Md. Code Ann., GCS § 7-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
authorize the parole of an individual sentenced under the laws of the State to any correctional facility in the State;
# Md. Code Ann., GCS § 7-205(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
negotiate, enter into, and sign predetermined parole release agreements as provided under subsection (b) of this section;
# Md. Code Ann., GCS § 7-205(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
hear cases for parole or administrative release in which:
# Md. Code Ann., GCS § 7-205(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Commissioner of Correction, after reviewing the recommendation of the appropriate managing official, objects to a parole;
# Md. Code Ann., GCS § 7-205(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual was convicted of a homicide;
# Md. Code Ann., GCS § 7-205(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the incarcerated individual is serving a sentence of life imprisonment;
# Md. Code Ann., GCS § 7-205(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the parole hearing is open to the public under § 7–304 of this title;
# Md. Code Ann., GCS § 7-205(a)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the incarcerated individual fails to meet the requirements of the administrative release process established under § 7–301.1 of this title;
# Md. Code Ann., GCS § 7-205(a)(3)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
a victim requests a hearing as provided under § 7–301.1 of this title; or
# Md. Code Ann., GCS § 7-205(a)(3)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
the Commission finds that a hearing for administrative release is necessary under § 7–301.1 of this title;
# Md. Code Ann., GCS § 7-205(a)(3)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
hear exceptions to recommendations of a hearing examiner or a commissioner acting as a hearing examiner;
# Md. Code Ann., GCS § 7-205(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
review summarily all recommendations of a hearing examiner or a commissioner acting as a hearing examiner to which an exception has not been filed;
# Md. Code Ann., GCS § 7-205(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
hear a case for parole in absentia when an individual who was sentenced in this State to serve a term of imprisonment is in a correctional facility of a jurisdiction other than this State;
# Md. Code Ann., GCS § 7-205(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
hear cases of parole revocation;
# Md. Code Ann., GCS § 7-205(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
if delegated by the Governor, hear cases involving an alleged violation of a conditional pardon; and
# Md. Code Ann., GCS § 7-205(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
determine conditions for administrative release under § 7–301.1 of this title.
# Md. Code Ann., GCS § 7-205(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-205(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Commission may negotiate, enter into, and sign a predetermined parole release agreement with the Commissioner of Correction and an incarcerated individual under the jurisdiction of the Commission.
# Md. Code Ann., GCS § 7-205(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The agreement may provide for the release of the incarcerated individual on parole at a predetermined time if, during the incarcerated individual’s term of confinement, the incarcerated individual participates in the programs designated by the Commission and fulfills any other conditions specified in the agreement.
# Md. Code Ann., GCS § 7-205(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This subsection does not affect any diminution of an incarcerated individual’s term of confinement awarded under Title 3, Subtitle 7 and §§ 9–506 and 9–513 of this article or an incarcerated individual’s eligibility for administrative release under § 7–301.1 of this title.
# Md. Code Ann., GCS § 7-205(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Each commissioner has visitorial powers over any correctional facility in which an individual is confined on a criminal charge, whether the correctional facility is operated by the State or by a county or municipal corporation of the State.
# Md. Code Ann., GCS § 7-205(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
As necessary to carry out its duties, the Commission may:
# Md. Code Ann., GCS § 7-205(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
issue subpoenas requiring the attendance and testimony of witnesses;
# Md. Code Ann., GCS § 7-205(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
administer oaths; and
# Md. Code Ann., GCS § 7-205(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
examine witnesses under oath, including any incarcerated individual who is confined in a correctional facility operated by the State or by a county or municipal corporation of the State.
# Md. Code Ann., GCS § 7-205(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-205(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A person who is personally served with a subpoena and who fails to appear or refuses to testify before the Commission is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.
# Md. Code Ann., GCS § 7-205(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The fine imposed under paragraph (1) of this subsection shall be paid into the General Fund of the State.
# Md. Code Ann., GCS § 7-205(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
A witness who makes a false statement relating to a matter that is material to the Commission’s inquiry while testifying before the Commission is guilty of perjury and on conviction is subject to the penalty of § 9–101 of the Criminal Law Article.
# Md. Code Ann., GCS § 7-205(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–206
The Commission shall:
(1)
evaluate information on the activities of parolees that the Division of Parole and Probation reports;
# Md. Code Ann., GCS § 7-206(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
issue warrants or delegate to the Director of the Division of Parole and Probation the authority to issue warrants to retake parolees who are charged with violating a condition of parole;
# Md. Code Ann., GCS § 7-206(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
review and make recommendations to the Governor:
# Md. Code Ann., GCS § 7-206(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
concerning parole of an incarcerated individual under a sentence of life imprisonment; and
# Md. Code Ann., GCS § 7-206(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if requested by the Governor, concerning a pardon, commutation of sentence, or other clemency;
# Md. Code Ann., GCS § 7-206(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
establish and modify general policy governing the conduct of parolees; and
# Md. Code Ann., GCS § 7-206(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
arrange for psychiatric or psychological examination of applicants for parole whenever the Commission believes that an examination will better enable it to decide on the advisability of parole, and include the expense for the examination in its annual budget.
# Md. Code Ann., GCS § 7-206(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–207
(a)
# Md. Code Ann., GCS § 7-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to the approval of the Secretary, the Commission shall adopt regulations governing its policies and activities under this title.
# Md. Code Ann., GCS § 7-207(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Notwithstanding the provisions of § 10–101(g)(2)(i) of the State Government Article, regulations adopted under paragraph (1) of this subsection shall comply with Title 10, Subtitle 1 of the State Government Article.
# Md. Code Ann., GCS § 7-207(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission may adopt regulations governing:
# Md. Code Ann., GCS § 7-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the conduct of proceedings before it or the hearing examiners; and
# Md. Code Ann., GCS § 7-207(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the review and disposition of written exceptions to the recommendation of a hearing examiner.
# Md. Code Ann., GCS § 7-207(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–208
The Commission shall:
(1)
maintain a record of its actions;
# Md. Code Ann., GCS § 7-208(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
make an annual report to the Governor of its work; and
# Md. Code Ann., GCS § 7-208(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
make appropriate recommendations for the improvement of its functions.
# Md. Code Ann., GCS § 7-208(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–301
(a)
# Md. Code Ann., GCS § 7-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for incarcerated individuals in a local correctional facility and the Division of Correction make an investigation for incarcerated individuals in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an incarcerated individual who:
# Md. Code Ann., GCS § 7-301(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and
# Md. Code Ann., GCS § 7-301(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.
# Md. Code Ann., GCS § 7-301(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except as provided in paragraph (3) of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an incarcerated individual is not eligible for parole until the incarcerated individual has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.
# Md. Code Ann., GCS § 7-301(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an incarcerated individual’s expected or newborn child if the incarcerated individual:
# Md. Code Ann., GCS § 7-301(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is not serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article;
# Md. Code Ann., GCS § 7-301(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is not serving a sentence for a violation of Title 3, Subtitle 6, § 5–608(d), § 5–609(d), § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; and
# Md. Code Ann., GCS § 7-301(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
has been determined to be amenable to treatment.
# Md. Code Ann., GCS § 7-301(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Division of Parole and Probation shall complete and submit to the Commission each investigation of an incarcerated individual in a local correctional facility required under paragraph (1) of this subsection within 60 days of commitment.
# Md. Code Ann., GCS § 7-301(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except as provided in subsection (c) of this section, if an incarcerated individual has been sentenced to a term of imprisonment during which the incarcerated individual is eligible for parole and a term of imprisonment during which the incarcerated individual is not eligible for parole, the incarcerated individual is not eligible for parole consideration under subsection (a) of this section until the incarcerated individual has served the greater of:
# Md. Code Ann., GCS § 7-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
one–fourth of the incarcerated individual’s aggregate sentence; or
# Md. Code Ann., GCS § 7-301(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a period equal to the term during which the incarcerated individual is not eligible for parole.
# Md. Code Ann., GCS § 7-301(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 7-301(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-301(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in subparagraph (ii) of this paragraph, an incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the incarcerated individual has served the greater of:
# Md. Code Ann., GCS § 7-301(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
one–half of the incarcerated individual’s aggregate sentence for violent crimes; or
# Md. Code Ann., GCS § 7-301(c)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
one–fourth of the incarcerated individual’s total aggregate sentence.
# Md. Code Ann., GCS § 7-301(c)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
An incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the incarcerated individual is eligible for parole and a term during which the incarcerated individual is not eligible for parole, is not eligible for parole until the incarcerated individual has served the greater of:
# Md. Code Ann., GCS § 7-301(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
one–half of the incarcerated individual’s aggregate sentence for violent crimes;
# Md. Code Ann., GCS § 7-301(c)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
one–fourth of the incarcerated individual’s total aggregate sentence; or
# Md. Code Ann., GCS § 7-301(c)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a period equal to the term during which the incarcerated individual is not eligible for parole.
# Md. Code Ann., GCS § 7-301(c)(1)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who is serving a term of imprisonment for a violent crime committed on or after October 1, 1994, shall receive an administrative review of the incarcerated individual’s progress in the correctional facility after the incarcerated individual has served the greater of:
# Md. Code Ann., GCS § 7-301(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
one–fourth of the incarcerated individual’s aggregate sentence; or
# Md. Code Ann., GCS § 7-301(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if the incarcerated individual is serving a term of imprisonment that includes a mandatory term during which the incarcerated individual is not eligible for parole, a period equal to the term during which the incarcerated individual is not eligible for parole.
# Md. Code Ann., GCS § 7-301(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-301(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraphs (2) and (3) of this subsection:
# Md. Code Ann., GCS § 7-301(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and
# Md. Code Ann., GCS § 7-301(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
# Md. Code Ann., GCS § 7-301(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.
# Md. Code Ann., GCS § 7-301(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 7-301(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under § 2–203 or § 2–304 of the Criminal Law Article, the incarcerated individual is not eligible for parole consideration and may not be granted parole at any time during the incarcerated individual’s sentence.
# Md. Code Ann., GCS § 7-301(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7–601 of this title.
# Md. Code Ann., GCS § 7-301(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An incarcerated individual who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the incarcerated individual has served in confinement one–half of the incarcerated individual’s aggregate sentence.
# Md. Code Ann., GCS § 7-301(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–301.1
(a)
# Md. Code Ann., GCS § 7-301.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 7-301.1(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Administrative release” means release of an eligible incarcerated individual who has served one–fourth of the incarcerated individual’s sentence and met the requirements established under this section.
# Md. Code Ann., GCS § 7-301.1(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Eligible incarcerated individual” means an incarcerated individual who:
# Md. Code Ann., GCS § 7-301.1(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility;
# Md. Code Ann., GCS § 7-301.1(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is serving a sentence for which the most serious offense is:
# Md. Code Ann., GCS § 7-301.1(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a violation of §§ 5–601 through 5–606 of the Criminal Law Article; or
# Md. Code Ann., GCS § 7-301.1(a)(3)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a violation involving a value of $1,500 or less of § 7–104, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, § 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article;
# Md. Code Ann., GCS § 7-301.1(a)(3)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
does not have a prior conviction for:
# Md. Code Ann., GCS § 7-301.1(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a violent crime; or
# Md. Code Ann., GCS § 7-301.1(a)(3)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;
# Md. Code Ann., GCS § 7-301.1(a)(3)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
does not have two or more convictions for a violation of §§ 5–602 through 5–606 of the Criminal Law Article; and
# Md. Code Ann., GCS § 7-301.1(a)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
if serving a sentence with a term of confinement that includes a mandatory minimum sentence, has served the mandatory portion of the sentence.
# Md. Code Ann., GCS § 7-301.1(a)(3)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Victim” means:
# Md. Code Ann., GCS § 7-301.1(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a person who is the victim of a crime committed by an eligible incarcerated individual; or
# Md. Code Ann., GCS § 7-301.1(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if the person described in item (i) of this paragraph is deceased, disabled, or a minor, a designated family member, guardian ad litem, or other representative of the person.
# Md. Code Ann., GCS § 7-301.1(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-301.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
For an incarcerated individual in a correctional facility, the Commission shall:
# Md. Code Ann., GCS § 7-301.1(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
conduct an investigation to determine the incarcerated individual’s eligibility for administrative release;
# Md. Code Ann., GCS § 7-301.1(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
determine the conditions under which an eligible incarcerated individual may be released after having served one–fourth of the incarcerated individual’s term of confinement; and
# Md. Code Ann., GCS § 7-301.1(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
calculate a tentative release eligibility date for an eligible incarcerated individual.
# Md. Code Ann., GCS § 7-301.1(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The investigations required under paragraph (1) of this subsection shall be completed and submitted to the Commission within 60 days of commitment.
# Md. Code Ann., GCS § 7-301.1(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
For an incarcerated individual in a local correctional facility, the Commission, in collaboration with the local correctional facility, shall consider the results of the investigation conducted under subsection (b)(1) of this section and develop an individual case plan with which an eligible incarcerated individual must comply in order to be released on administrative release.
# Md. Code Ann., GCS § 7-301.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-301.1(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The individual case plans developed under subsection (c) of this section and § 3–601(d) of this article shall include conditions that an incarcerated individual will be able to complete before the incarcerated individual’s administrative release date.
# Md. Code Ann., GCS § 7-301.1(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An individual case plan may include conditions that apply after an incarcerated individual is released on administrative release.
# Md. Code Ann., GCS § 7-301.1(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-301.1(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Division of Correction and each local correctional facility shall:
# Md. Code Ann., GCS § 7-301.1(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
review the progress of an eligible incarcerated individual’s case plan every 8 weeks from the date the case plan was developed;
# Md. Code Ann., GCS § 7-301.1(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
send a progress report on each eligible incarcerated individual’s case plan to the Commission every 4 months; and
# Md. Code Ann., GCS § 7-301.1(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
send a progress report to the Commission of an eligible incarcerated individual’s compliance or noncompliance with the case plan at least 30 days before the incarcerated individual’s tentative administrative release eligibility date.
# Md. Code Ann., GCS § 7-301.1(e)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission may provide written input on the eligible incarcerated individual’s progress toward completion of the case plan.
# Md. Code Ann., GCS § 7-301.1(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 7-301.1(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Notwithstanding the limitations on who is considered a victim in § 7–801 of this title, for purposes of this section, a victim has all the rights under this section that are granted to a victim under this title for a parole hearing.
# Md. Code Ann., GCS § 7-301.1(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
As provided in § 7–801 of this title, the Commission shall notify a victim of:
# Md. Code Ann., GCS § 7-301.1(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the eligible incarcerated individual’s administrative release eligibility date;
# Md. Code Ann., GCS § 7-301.1(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the victim’s right to request an open hearing under § 7–304 of this subtitle; and
# Md. Code Ann., GCS § 7-301.1(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the victim’s right to submit written testimony concerning the crime and the impact of the crime on the victim.
# Md. Code Ann., GCS § 7-301.1(f)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The Commission shall authorize the release of an eligible incarcerated individual on administrative release, without a hearing before the Commission, at the incarcerated individual’s release eligibility date if:
# Md. Code Ann., GCS § 7-301.1(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the incarcerated individual has complied with the case plan developed under subsection (c) of this section or § 3–601(d) of this article;
# Md. Code Ann., GCS § 7-301.1(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the incarcerated individual has not committed a category 1 rule violation, as defined in 12.02.27.04 of the Code of Maryland Regulations;
# Md. Code Ann., GCS § 7-301.1(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a victim has not requested a hearing under subsection (f) of this section; and
# Md. Code Ann., GCS § 7-301.1(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the Commission finds a hearing unnecessary considering the incarcerated individual’s history, progress, and compliance.
# Md. Code Ann., GCS § 7-301.1(g)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
An individual on administrative release is subject to:
# Md. Code Ann., GCS § 7-301.1(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the jurisdiction of the Commission in the same manner as a parolee; and
# Md. Code Ann., GCS § 7-301.1(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
all laws and conditions that apply to parolees.
# Md. Code Ann., GCS § 7-301.1(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An eligible incarcerated individual who is not released on administrative release under this section is otherwise eligible for release as provided under this subtitle.
# Md. Code Ann., GCS § 7-301.1(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-301.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–302
The Commission or the Commission’s hearing examiners shall hear cases for parole release:
(1)
at least once each month at each correctional facility in the Division of Correction; and
# Md. Code Ann., GCS § 7-302(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as often as necessary at other correctional facilities in the State at which incarcerated individuals eligible for parole consideration are confined.
# Md. Code Ann., GCS § 7-302(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–303
(a)
Before any hearing on parole release, the Commission shall give the incarcerated individual adequate and timely written notice of:
# Md. Code Ann., GCS § 7-303(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the date, time, and place of the hearing; and
# Md. Code Ann., GCS § 7-303(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the factors that the Commission or hearing examiner will consider in determining whether the incarcerated individual is suitable for parole.
# Md. Code Ann., GCS § 7-303(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-303(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-303(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in subparagraph (ii) of this paragraph, the notice also shall indicate that, before the hearing, the incarcerated individual or the incarcerated individual’s representative may, on request, examine any document that the Commission or hearing examiner will use in determining whether the incarcerated individual is suitable for parole.
# Md. Code Ann., GCS § 7-303(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
A document, or a portion of it, is not available for examination, if the Commission determines that:
# Md. Code Ann., GCS § 7-303(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the document or portion contains a diagnostic opinion;
# Md. Code Ann., GCS § 7-303(b)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the incarcerated individual’s knowledge of the document or portion would disrupt seriously a program of rehabilitation;
# Md. Code Ann., GCS § 7-303(b)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
the document or portion contains sources of information obtained on a promise of confidentiality; or
# Md. Code Ann., GCS § 7-303(b)(1)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
the document or portion is otherwise privileged.
# Md. Code Ann., GCS § 7-303(b)(1)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
If the Commission determines that a document or a portion of it is not available for examination, the Commission shall notify the incarcerated individual that:
# Md. Code Ann., GCS § 7-303(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the document or portion is not available for examination; and
# Md. Code Ann., GCS § 7-303(b)(1)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
on request and if appropriate, the Commission will provide the incarcerated individual or the incarcerated individual’s representative with the substance of any information contained in the document or portion.
# Md. Code Ann., GCS § 7-303(b)(1)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission shall delete the address and phone number of the victim or the victim’s designated representative from a document before the incarcerated individual or the incarcerated individual’s representative examines the document.
# Md. Code Ann., GCS § 7-303(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–304
(a)
A parole hearing shall be open to the public if:
# Md. Code Ann., GCS § 7-304(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-304(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a victim, as defined in § 7–801 of this title, makes a written request to the Department for notification and maintains a current address on file with the Department; or
# Md. Code Ann., GCS § 7-304(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a victim or a victim’s representative files a notification request form under § 11–104 of the Criminal Procedure Article; and
# Md. Code Ann., GCS § 7-304(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
within a reasonable amount of time before a scheduled hearing, the victim makes a written request that the hearing be open to the public.
# Md. Code Ann., GCS § 7-304(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The vote of each commissioner when acting collectively or in a panel, to approve or deny parole, and a vote to close or restrict access to a parole hearing under subsection (d) of this section, shall be made available to the public.
# Md. Code Ann., GCS § 7-304(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to subsection (d) of this section, the victim or victim’s representative has the right to attend an open parole hearing.
# Md. Code Ann., GCS § 7-304(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commission or a panel of commissioners may:
# Md. Code Ann., GCS § 7-304(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
restrict the number of individuals allowed to attend a parole hearing in accordance with physical limitations or security requirements of the facility where the hearing is held;
# Md. Code Ann., GCS § 7-304(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
deny admission or continued attendance at a parole hearing to an individual who:
# Md. Code Ann., GCS § 7-304(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
threatens or presents a danger to the security of the facility in which the hearing is being held;
# Md. Code Ann., GCS § 7-304(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
threatens or presents a danger to other attendees or participants; or
# Md. Code Ann., GCS § 7-304(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
disrupts the hearing;
# Md. Code Ann., GCS § 7-304(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
close a parole hearing to deliberate on the evidence and any other relevant information received at the hearing; or
# Md. Code Ann., GCS § 7-304(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
close a parole hearing on written request of the chief law enforcement official responsible for an ongoing criminal investigation related to the incarcerated individual, if the ongoing investigation could be compromised.
# Md. Code Ann., GCS § 7-304(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
This section does not limit the authority of the Commission to hold a parole hearing through the use of a video conference or other means of electronic transmission.
# Md. Code Ann., GCS § 7-304(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–305
Each hearing examiner and commissioner determining whether an incarcerated individual is suitable for parole, and the Commission before entering into a predetermined parole release agreement, shall consider:
(1)
the circumstances surrounding the crime;
# Md. Code Ann., GCS § 7-305(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the physical, mental, and moral qualifications of the incarcerated individual;
# Md. Code Ann., GCS § 7-305(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the progress of the incarcerated individual during confinement, including the academic progress of the incarcerated individual in the mandatory education program required under § 22–102 of the Education Article;
# Md. Code Ann., GCS § 7-305(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a report on a drug or alcohol evaluation that has been conducted on the incarcerated individual, including any recommendations concerning the incarcerated individual’s amenability for treatment and the availability of an appropriate treatment program;
# Md. Code Ann., GCS § 7-305(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
whether, taking into account the totality of the circumstances including the age of the incarcerated individual, there is reasonable probability that the incarcerated individual, if released on parole, will not recidivate;
# Md. Code Ann., GCS § 7-305(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
whether release of the incarcerated individual on parole is compatible with public safety;
# Md. Code Ann., GCS § 7-305(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
an updated victim impact statement or recommendation prepared under § 7–801 of this title;
# Md. Code Ann., GCS § 7-305(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
any recommendation made by the sentencing judge at the time of sentencing;
# Md. Code Ann., GCS § 7-305(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
any information that is presented to a commissioner at a meeting with the victim;
# Md. Code Ann., GCS § 7-305(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
any testimony presented to the Commission by the victim or the victim’s designated representative under § 7–801 of this title; and
# Md. Code Ann., GCS § 7-305(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
compliance with the case plan developed under § 7–301.1 of this subtitle or § 3–601 of this article.
# Md. Code Ann., GCS § 7-305(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–306
(a)
# Md. Code Ann., GCS § 7-306(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole.
# Md. Code Ann., GCS § 7-306(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each proceeding before a hearing examiner shall be conducted in accordance with this section.
# Md. Code Ann., GCS § 7-306(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission shall keep a record of each hearing conducted by a hearing examiner.
# Md. Code Ann., GCS § 7-306(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A hearing examiner shall determine if an incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
# Md. Code Ann., GCS § 7-306(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-306(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the conclusion of the hearing, the hearing examiner shall inform the incarcerated individual of the hearing examiner’s recommendation for parole or denial of parole.
# Md. Code Ann., GCS § 7-306(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Within 21 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the incarcerated individual a written report of the hearing examiner’s findings and recommendation for parole or denial of parole.
# Md. Code Ann., GCS § 7-306(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commissioner of Correction or the incarcerated individual may file with the Commission written exceptions to the report of a hearing examiner no later than 5 days after the report is received.
# Md. Code Ann., GCS § 7-306(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-306(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner.
# Md. Code Ann., GCS § 7-306(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 7-306(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission.
# Md. Code Ann., GCS § 7-306(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Commission or panel shall render a written decision on the appeal.
# Md. Code Ann., GCS § 7-306(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The decision of the Commission or panel is final.
# Md. Code Ann., GCS § 7-306(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an exception is not filed and the Commission does not act on its own initiative within the 5–day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved.
# Md. Code Ann., GCS § 7-306(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-306 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–307
(a)
# Md. Code Ann., GCS § 7-307(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in subsection (c) of this section, the chairperson of the Commission shall assign at least two commissioners to hear cases for parole release as a panel.
# Md. Code Ann., GCS § 7-307(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each proceeding before a Commission panel shall be conducted in accordance with this section.
# Md. Code Ann., GCS § 7-307(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-307(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-307(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
A Commission panel that consists of two commissioners shall determine, by unanimous vote, whether the incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
# Md. Code Ann., GCS § 7-307(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the two–commissioner panel is unable to reach a unanimous decision, the chairperson of the Commission shall convene a three–commissioner panel as soon as practicable to rehear the case.
# Md. Code Ann., GCS § 7-307(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A Commission panel that consists of three commissioners shall determine, by majority vote, whether the incarcerated individual is suitable for parole in accordance with the factors and other information specified in § 7–305 of this subtitle.
# Md. Code Ann., GCS § 7-307(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
For an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, at least six affirmative votes are required to approve the incarcerated individual for parole, based on consideration of the factors specified in § 7–305 of this subtitle.
# Md. Code Ann., GCS § 7-307(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-307(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission panel shall inform the incarcerated individual and the appropriate correctional authority of the Commission’s decision as soon as possible.
# Md. Code Ann., GCS § 7-307(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If parole is denied, the Commission shall give the incarcerated individual a written report of its findings within 30 days after the hearing.
# Md. Code Ann., GCS § 7-307(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-307 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–308
(a)
A parole shall be evidenced by a written order.
# Md. Code Ann., GCS § 7-308(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Parole entitles the recipient:
# Md. Code Ann., GCS § 7-308(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
to leave the correctional facility in which the recipient was confined; and
# Md. Code Ann., GCS § 7-308(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if the recipient satisfactorily complies with all the terms and conditions provided in the parole order, to serve the remainder of the recipient’s term of confinement outside the confines of the correctional facility.
# Md. Code Ann., GCS § 7-308(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A parolee remains in legal custody until the expiration of the parolee’s full, undiminished term.
# Md. Code Ann., GCS § 7-308(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The chairperson of the Commission shall file a copy of the parole order with the clerk of the court in which the parolee was sentenced.
# Md. Code Ann., GCS § 7-308(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-308 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–309
(a)
# Md. Code Ann., GCS § 7-309(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 7-309(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 7-309(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Chronically debilitated or incapacitated” means having a diagnosable medical condition that is unlikely to improve in the future and substantially diminishes the ability of the individual to provide self–care.
# Md. Code Ann., GCS § 7-309(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
“Chronically debilitated or incapacitated” includes conditions such as dementia or a severe, permanent medical or cognitive disability if the condition substantially diminishes the ability of the individual to provide self–care.
# Md. Code Ann., GCS § 7-309(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Terminal illness” means a disease or condition with an end–of–life trajectory.
# Md. Code Ann., GCS § 7-309(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies to any incarcerated individual who is sentenced to a term of incarceration for which all sentences being served, including any life sentence, are with the possibility of parole.
# Md. Code Ann., GCS § 7-309(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual may be released on medical parole at any time during the term of that incarcerated individual’s sentence, without regard to the eligibility standards specified in § 7–301 of this subtitle if a licensed physician has determined that the incarcerated individual:
# Md. Code Ann., GCS § 7-309(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-309(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is chronically debilitated or incapacitated; or
# Md. Code Ann., GCS § 7-309(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
suffers from a terminal illness; and
# Md. Code Ann., GCS § 7-309(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 7-309(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
requires extended medical management with health care needs that would be better met by community services; and
# Md. Code Ann., GCS § 7-309(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
# Md. Code Ann., GCS § 7-309(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
has been rendered physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or
# Md. Code Ann., GCS § 7-309(c)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
is no longer a danger to public safety.
# Md. Code Ann., GCS § 7-309(c)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-309(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The information to be considered by the Commission before granting medical parole shall, at a minimum, include:
# Md. Code Ann., GCS § 7-309(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 7-309(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a recommendation by the medical professional treating the incarcerated individual under contract with the Department or local correctional facility; or
# Md. Code Ann., GCS § 7-309(d)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
if requested by an individual identified in subsection (e)(1) of this section, one medical evaluation conducted at no cost to the incarcerated individual by a licensed physician who is independent from the Division of Correction or local correctional facility;
# Md. Code Ann., GCS § 7-309(d)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual’s medical information, including:
# Md. Code Ann., GCS § 7-309(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a description of the incarcerated individual’s condition, disease, or syndrome;
# Md. Code Ann., GCS § 7-309(d)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a prognosis concerning the likelihood of recovery from the condition, disease, or syndrome;
# Md. Code Ann., GCS § 7-309(d)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a description of the incarcerated individual’s physical incapacity; and
# Md. Code Ann., GCS § 7-309(d)(1)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
a mental health evaluation, where relevant;
# Md. Code Ann., GCS § 7-309(d)(1)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
discharge information, including:
# Md. Code Ann., GCS § 7-309(d)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
availability of treatment or professional services within the community;
# Md. Code Ann., GCS § 7-309(d)(1)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
family support within the community; and
# Md. Code Ann., GCS § 7-309(d)(1)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
housing availability, including hospital or hospice care; and
# Md. Code Ann., GCS § 7-309(d)(1)(iii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
case management information, including:
# Md. Code Ann., GCS § 7-309(d)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the circumstances of the current offense;
# Md. Code Ann., GCS § 7-309(d)(1)(iv)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
institutional history;
# Md. Code Ann., GCS § 7-309(d)(1)(iv)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
pending charges, sentences in other jurisdictions, and any other detainers; and
# Md. Code Ann., GCS § 7-309(d)(1)(iv)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
criminal history information.
# Md. Code Ann., GCS § 7-309(d)(1)(iv)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a medical evaluation is requested under paragraph (1)(i)2 of this subsection:
# Md. Code Ann., GCS § 7-309(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the evaluation shall consist of an in–person examination of the incarcerated individual; and
# Md. Code Ann., GCS § 7-309(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Commission shall give equal consideration to the findings of the evaluation and any medical condition detailed in the evaluation in considering whether to grant medical parole.
# Md. Code Ann., GCS § 7-309(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-309(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A request for a medical parole under this section may be filed with the Maryland Parole Commission by:
# Md. Code Ann., GCS § 7-309(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual seeking the medical parole;
# Md. Code Ann., GCS § 7-309(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
an attorney;
# Md. Code Ann., GCS § 7-309(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a prison official or employee;
# Md. Code Ann., GCS § 7-309(e)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a medical professional;
# Md. Code Ann., GCS § 7-309(e)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a family member; or
# Md. Code Ann., GCS § 7-309(e)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
any other person.
# Md. Code Ann., GCS § 7-309(e)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The request shall be in writing and shall articulate the grounds that support the appropriateness of granting the medical parole.
# Md. Code Ann., GCS § 7-309(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 7-309(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The incarcerated individual or the incarcerated individual’s representative may request a meeting with the Commission.
# Md. Code Ann., GCS § 7-309(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a request for a meeting is made under paragraph (1) of this subsection:
# Md. Code Ann., GCS § 7-309(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Commission shall grant the request for a meeting for any incarcerated individual:
# Md. Code Ann., GCS § 7-309(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
housed in an infirmary of a correctional facility;
# Md. Code Ann., GCS § 7-309(f)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
currently hospitalized outside a correctional facility; or
# Md. Code Ann., GCS § 7-309(f)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
who has been frequently housed in an infirmary of a correctional facility or hospitalized outside a correctional facility in the preceding 6 months; and
# Md. Code Ann., GCS § 7-309(f)(2)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Commission may, at its discretion, grant the request for a meeting for any incarcerated individual who does not meet the requirements of item (i) of this paragraph.
# Md. Code Ann., GCS § 7-309(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
Following review of the request, the Commission may:
# Md. Code Ann., GCS § 7-309(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
find the request to be inconsistent with the best interests of public safety and take no further action; or
# Md. Code Ann., GCS § 7-309(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
request that Department or local correctional facility personnel provide information for formal consideration of parole release.
# Md. Code Ann., GCS § 7-309(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The Commission may require as a condition of release on medical parole that:
# Md. Code Ann., GCS § 7-309(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the parolee agree to placement for a definite or indefinite period of time under the care of a medical provider and in a housing accommodation suitable to the parolee’s medical condition, including the family home of the parolee, as specified by the Commission or the supervising agent; and
# Md. Code Ann., GCS § 7-309(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the parolee forward authentic copies of applicable medical records to indicate that the particular medical condition giving rise to the release continues to exist.
# Md. Code Ann., GCS § 7-309(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
A parolee shall be returned to the custody of the Division of Correction or the local correctional facility from which the parolee was released if a licensed physician has determined that the parolee:
# Md. Code Ann., GCS § 7-309(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-309(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is no longer chronically debilitated or incapacitated; or
# Md. Code Ann., GCS § 7-309(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
no longer suffers from a terminal illness; and
# Md. Code Ann., GCS § 7-309(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 7-309(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
no longer requires extended medical management with health care needs that would be better met by community services; and
# Md. Code Ann., GCS § 7-309(i)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
# Md. Code Ann., GCS § 7-309(i)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
is no longer physically incapable of presenting a danger to society by a physical or mental health condition, disease, or syndrome; or
# Md. Code Ann., GCS § 7-309(i)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
is a danger to society.
# Md. Code Ann., GCS § 7-309(i)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 7-309(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this subsection, “imminent death” means death that is likely to occur within 6 months.
# Md. Code Ann., GCS § 7-309(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Subject to paragraph (3) of this subsection, provisions of law relating to victim notification and opportunity to be heard shall apply to proceedings relating to medical parole.
# Md. Code Ann., GCS § 7-309(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
In cases of imminent death, time limits relating to victim notification and opportunity to be heard may be reduced or waived in the discretion of the Commission.
# Md. Code Ann., GCS § 7-309(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
The Commission shall adopt regulations to implement the provisions of this section.
# Md. Code Ann., GCS § 7-309(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-309 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–310
(a)
This section applies only to an incarcerated individual who:
# Md. Code Ann., GCS § 7-310(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is at least 65 years old;
# Md. Code Ann., GCS § 7-310(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has served at least 20 years of incarceration;
# Md. Code Ann., GCS § 7-310(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is not a sex offender, as defined in § 11–701 of the Criminal Procedure Article;
# Md. Code Ann., GCS § 7-310(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
is serving a term of confinement for which all sentences being served, including any life sentence, are with the possibility of parole; and
# Md. Code Ann., GCS § 7-310(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
has had no category 1A disciplinary infractions within the previous 3–year period.
# Md. Code Ann., GCS § 7-310(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
On an ongoing basis, the Department shall submit to the Commission the name of each incarcerated individual who meets the qualifications under subsection (a) of this section.
# Md. Code Ann., GCS § 7-310(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 7-310(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 60 days after receipt of a name under subsection (b) of this section, the Commission shall order a risk assessment for the incarcerated individual if the individual is serving sentences for multiple crimes of violence, as defined in § 14–101 of the Criminal Law Article, with an aggregate term of confinement of 40 years or more.
# Md. Code Ann., GCS § 7-310(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission may order a risk assessment for any other incarcerated individual eligible for parole under this section.
# Md. Code Ann., GCS § 7-310(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-310(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall conduct a parole release hearing under § 7–306 or § 7–307 of this subtitle for each individual whose name is submitted under subsection (b) of this section and determine whether the incarcerated individual is suitable for parole.
# Md. Code Ann., GCS § 7-310(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing under this subsection shall be conducted:
# Md. Code Ann., GCS § 7-310(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
as soon as possible, if no risk assessment is ordered; or
# Md. Code Ann., GCS § 7-310(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
on completion of any risk assessment ordered.
# Md. Code Ann., GCS § 7-310(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 7-310(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, an incarcerated individual who has been denied parole under this section may not have a subsequent parole hearing for 5 years.
# Md. Code Ann., GCS § 7-310(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who has been denied parole under this section may have a subsequent parole hearing at any time if the Commission determines that extraordinary and compelling circumstances justify the subsequent parole hearing.
# Md. Code Ann., GCS § 7-310(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
In addition to the factors specified under § 7–305 of this subtitle, each Commission panel determining whether an incarcerated individual is suitable for parole shall consider and give weight to the age of the incarcerated individual and the impact that the age of the incarcerated individual has on the risk that the incarcerated individual will recidivate.
# Md. Code Ann., GCS § 7-310(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
Any savings realized by the Department as a result of this section shall be used for the purpose of:
# Md. Code Ann., GCS § 7-310(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
conducting risk assessments for incarcerated individuals;
# Md. Code Ann., GCS § 7-310(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
conducting parole hearings for incarcerated individuals; and
# Md. Code Ann., GCS § 7-310(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
providing prerelease and reentry case management and resources for incarcerated individuals who are released on parole.
# Md. Code Ann., GCS § 7-310(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
Every year, the Commission shall report to the Justice Reinvestment Oversight Board on the outcomes of parole considerations made under this section, including:
# Md. Code Ann., GCS § 7-310(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the number of incarcerated individuals who are subject to this section who are denied parole and released on parole;
# Md. Code Ann., GCS § 7-310(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the reason for each decision to release an incarcerated individual on parole;
# Md. Code Ann., GCS § 7-310(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the reason for each decision to deny parole to an incarcerated individual;
# Md. Code Ann., GCS § 7-310(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
of the number of incarcerated individuals who are released on parole, the number of individuals who are convicted of an offense committed after release;
# Md. Code Ann., GCS § 7-310(h)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the average time between when an incarcerated individual becomes eligible for parole consideration under this section and when the incarcerated individual receives the first parole hearing required by this section; and
# Md. Code Ann., GCS § 7-310(h)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the average time between parole hearings for incarcerated individuals who are subject to this section.
# Md. Code Ann., GCS § 7-310(h)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 7-310(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall adopt regulations to implement the provisions of this section.
# Md. Code Ann., GCS § 7-310(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The regulations required by this subsection shall include a requirement that the Department provide any incarcerated individual subject to this section with information on the regulations at least once every year.
# Md. Code Ann., GCS § 7-310(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-310 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–401
(a)
If a parolee is alleged to have violated a condition of parole, one commissioner shall hear the case on revocation of the parole at the time and place that the Commission designates.
# Md. Code Ann., GCS § 7-401(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-401(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each individual charged with a parole violation is entitled to be represented by counsel of the individual’s choice or, if eligible, counsel provided by the Public Defender’s office.
# Md. Code Ann., GCS § 7-401(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission shall keep a record of the hearing.
# Md. Code Ann., GCS § 7-401(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If the commissioner finds from the evidence that the parolee has violated a condition of parole, the commissioner may take any action that the commissioner considers appropriate, including:
# Md. Code Ann., GCS § 7-401(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 7-401(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
subject to subsection (d)(1) of this section, revoking the order of parole;
# Md. Code Ann., GCS § 7-401(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
setting a future hearing date for consideration for reparole; and
# Md. Code Ann., GCS § 7-401(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
remanding the individual to the Division of Correction or local correctional facility from which the individual was paroled; or
# Md. Code Ann., GCS § 7-401(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
continuing parole:
# Md. Code Ann., GCS § 7-401(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
without modification of its conditions; or
# Md. Code Ann., GCS § 7-401(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
with modification of its conditions, including a requirement that the parolee spend all or part of the remaining parole period in a home detention program.
# Md. Code Ann., GCS § 7-401(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 7-401(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (4) of this subsection, if an order of parole is revoked due to a technical violation, as defined in § 6–101 of this article, the commissioner hearing the parole revocation may require the individual to serve a period of imprisonment of:
# Md. Code Ann., GCS § 7-401(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
for a first violation, not more than 15 days;
# Md. Code Ann., GCS § 7-401(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for a second violation, not more than 30 days; and
# Md. Code Ann., GCS § 7-401(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
for a third violation, not more than 45 days.
# Md. Code Ann., GCS § 7-401(d)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Subject to paragraph (3) of this subsection and further action by the Commission, if the order of parole is revoked for a fourth or subsequent technical violation or a violation that is not a technical violation, the commissioner hearing the parole revocation, in the commissioner’s discretion, may require the incarcerated individual to serve any unserved portion of the sentence originally imposed.
# Md. Code Ann., GCS § 7-401(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual may not receive credit for time between release on parole and revocation of parole if:
# Md. Code Ann., GCS § 7-401(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual was serving a sentence for a violent crime when parole was revoked; and
# Md. Code Ann., GCS § 7-401(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the parole was revoked due to a finding that the incarcerated individual committed a violent crime while on parole.
# Md. Code Ann., GCS § 7-401(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
# Md. Code Ann., GCS § 7-401(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
There is a rebuttable presumption that the limits on the period of imprisonment that may be imposed for a technical violation established in paragraph (1) of this subsection are applicable.
# Md. Code Ann., GCS § 7-401(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the period of imprisonment established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:
# Md. Code Ann., GCS § 7-401(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the nature of the parole violation;
# Md. Code Ann., GCS § 7-401(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the facts and circumstances of the crime for which the parolee was convicted; and
# Md. Code Ann., GCS § 7-401(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
the parolee’s history.
# Md. Code Ann., GCS § 7-401(d)(4)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:
# Md. Code Ann., GCS § 7-401(d)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
direct imposition of a longer period of imprisonment than provided in paragraph (1) of this subsection, but no more than the time remaining on the original sentence; or
# Md. Code Ann., GCS § 7-401(d)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
commit the parolee to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.
# Md. Code Ann., GCS § 7-401(d)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Subtitle 4 of the Courts Article.
# Md. Code Ann., GCS § 7-401(d)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Subject to subsection (d) of this section, if a sentence has commenced as provided under § 9–202(c)(2) of this article and the incarcerated individual is serving that sentence when the order of parole is revoked, any reimposed portion of the sentence originally imposed shall begin at the expiration of any sentences which were begun under § 9–202(c)(2) of this article.
# Md. Code Ann., GCS § 7-401(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 7-401(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The incarcerated individual may seek judicial review in the circuit court within 30 days after receiving the written decision of the Commission.
# Md. Code Ann., GCS § 7-401(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The court shall hear the action on the record.
# Md. Code Ann., GCS § 7-401(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–402
(a)
# Md. Code Ann., GCS § 7-402(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On recommendation of the Division of Parole and Probation or on the Commission’s own initiative, the Commission may modify the conditions of parole at any time for good cause.
# Md. Code Ann., GCS § 7-402(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The modification may include imposing home detention as a condition of parole.
# Md. Code Ann., GCS § 7-402(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-402(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall adopt procedures for the modification of conditions of parole that give a parolee an opportunity to show why the conditions should not be modified.
# Md. Code Ann., GCS § 7-402(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This section does not require a hearing or establish a right of judicial review.
# Md. Code Ann., GCS § 7-402(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–403
(a)
# Md. Code Ann., GCS § 7-403(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a parolee is convicted of a crime committed while on parole and is sentenced to an additional term of imprisonment in any correctional facility in this State, the court shall determine if the new sentence is to run concurrently or consecutively, as required under Maryland Rule 4–351(a)(5).
# Md. Code Ann., GCS § 7-403(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the new sentence is to run consecutively:
# Md. Code Ann., GCS § 7-403(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the new sentence shall begin as provided in § 9–202(c) of this article; and
# Md. Code Ann., GCS § 7-403(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
any reimposition of the original sentence on parole shall begin as provided in § 7–401 of this subtitle.
# Md. Code Ann., GCS § 7-403(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a parolee is convicted in another state of a crime committed while on parole and is sentenced to serve a term of imprisonment in a correctional facility in the other state, the Commission shall file with the managing official of the correctional facility in the other state a declaration of violation of parole to serve as a detainer on the parolee’s release from the correctional facility.
# Md. Code Ann., GCS § 7-403(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–501
(a)
Except as provided in subsection (b) of this section, the Division of Correction shall grant a conditional release from confinement to an incarcerated individual who:
# Md. Code Ann., GCS § 7-501(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is serving a term of confinement of more than 18 months;
# Md. Code Ann., GCS § 7-501(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
was sentenced on or after July 2, 1970, to the jurisdiction of the Division of Correction; and
# Md. Code Ann., GCS § 7-501(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
has served the term or terms, less diminution credit awarded under Title 3, Subtitle 7 and Title 11, Subtitle 5 of this article.
# Md. Code Ann., GCS § 7-501(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An incarcerated individual convicted of a violent crime committed on or after October 1, 2009, is not eligible for a conditional release under this section until after the incarcerated individual becomes eligible for parole under § 7–301(c) or (d) of this title.
# Md. Code Ann., GCS § 7-501(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–502
(a)
An individual on mandatory supervision remains in legal custody until the expiration of the individual’s full term.
# Md. Code Ann., GCS § 7-502(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An individual on mandatory supervision is subject to:
# Md. Code Ann., GCS § 7-502(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
all laws, rules, regulations, and conditions that apply to parolees; and
# Md. Code Ann., GCS § 7-502(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
any special conditions established by a commissioner.
# Md. Code Ann., GCS § 7-502(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If an incarcerated individual is convicted and sentenced to imprisonment for a crime committed while on mandatory supervision and the mandatory supervision is revoked, diminution credits that were awarded before the incarcerated individual’s release on mandatory supervision may not be applied toward the incarcerated individual’s term of confinement on return to the Division.
# Md. Code Ann., GCS § 7-502(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–503
(a)
# Md. Code Ann., GCS § 7-503(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, the Division of Correction shall issue a written order before an incarcerated individual is released on mandatory supervision that specifies the terms and conditions that must be met by the incarcerated individual in order for the incarcerated individual to serve the remainder of the incarcerated individual’s term outside a correctional facility.
# Md. Code Ann., GCS § 7-503(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Paragraph (1) of this subsection does not apply in the case of an incarcerated individual who is released to a detainer.
# Md. Code Ann., GCS § 7-503(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a court previously ordered an individual to pay restitution as a part of a sentence or as a condition of probation, the individual shall be required to make restitution payments while under mandatory supervision as a condition of mandatory supervision.
# Md. Code Ann., GCS § 7-503(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–504
(a)
# Md. Code Ann., GCS § 7-504(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 7-504(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Technical violation” has the meaning stated in § 6–101 of this article.
# Md. Code Ann., GCS § 7-504(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Term of confinement” has the meaning stated in § 3–701 of this article.
# Md. Code Ann., GCS § 7-504(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-504(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (3) of this subsection, the commissioner presiding at an individual’s mandatory supervision revocation hearing may revoke diminution credits previously earned by the individual on the individual’s term of confinement in accordance with the following schedule:
# Md. Code Ann., GCS § 7-504(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
not more than 15 days for a first technical violation;
# Md. Code Ann., GCS § 7-504(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
not more than 30 days for a second technical violation;
# Md. Code Ann., GCS § 7-504(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
not more than 45 days for a third technical violation; and
# Md. Code Ann., GCS § 7-504(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
up to all remaining days for a fourth or subsequent technical violation or a violation that is not a technical violation.
# Md. Code Ann., GCS § 7-504(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Nothing in this section affects the prohibition against the application of diminution credits under § 7–502 of this subtitle to the term of confinement of an incarcerated individual convicted and sentenced to imprisonment for a crime committed while on mandatory supervision.
# Md. Code Ann., GCS § 7-504(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 7-504(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
There is a rebuttable presumption that the limits on the revocation of diminution credits for a technical violation established in paragraph (1) of this subsection are applicable.
# Md. Code Ann., GCS § 7-504(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the revocation of diminution credits established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:
# Md. Code Ann., GCS § 7-504(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the nature of the mandatory supervision violation;
# Md. Code Ann., GCS § 7-504(b)(3)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the facts and circumstances of the crime for which the incarcerated individual was convicted; and
# Md. Code Ann., GCS § 7-504(b)(3)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
the incarcerated individual’s history.
# Md. Code Ann., GCS § 7-504(b)(3)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:
# Md. Code Ann., GCS § 7-504(b)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
direct that a greater number of diminution credits be revoked than provided in paragraph (1) of this subsection; or
# Md. Code Ann., GCS § 7-504(b)(3)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
commit the incarcerated individual to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.
# Md. Code Ann., GCS § 7-504(b)(3)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Title 12, Subtitle 4 of the Courts Article.
# Md. Code Ann., GCS § 7-504(b)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-504 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–505
(a)
At least 60 days before the day that an incarcerated individual is scheduled to be released on mandatory supervision, the Division of Parole and Probation and the Division of Correction shall perform the same duties that are performed for a parole release.
# Md. Code Ann., GCS § 7-505(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If an incarcerated individual is released on mandatory supervision and the victim made a written request for notification under § 7–801(b)(1)(ii) of this title or if the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or victim’s representative:
# Md. Code Ann., GCS § 7-505(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
if a warrant or subpoena is issued by the Commission for an alleged violation of a condition of mandatory supervision;
# Md. Code Ann., GCS § 7-505(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if the individual has been found in violation or not in violation of a condition of mandatory supervision; and
# Md. Code Ann., GCS § 7-505(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
of any punishment imposed for the individual’s violation of a condition of mandatory supervision.
# Md. Code Ann., GCS § 7-505(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-505 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–506
This subtitle does not prevent the delivery of an incarcerated individual to a State or federal authority that is entitled to the incarcerated individual.
# Md. Code Ann., GCS § 7-506 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–601
(a)
On giving the notice required by the Maryland Constitution, the Governor may:
# Md. Code Ann., GCS § 7-601(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
change a sentence of death into a sentence of life without the possibility of parole;
# Md. Code Ann., GCS § 7-601(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pardon an individual convicted of a crime subject to any conditions the Governor requires; or
# Md. Code Ann., GCS § 7-601(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
remit any part of a sentence of imprisonment subject to any conditions the Governor requires, without the remission operating as a full pardon.
# Md. Code Ann., GCS § 7-601(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-601(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A pardon or commutation of sentence shall be evidenced by a written executive order signed by the Governor under the great seal.
# Md. Code Ann., GCS § 7-601(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An order granting a pardon or conditional pardon shall clearly indicate on its face whether it is a partial or full pardon.
# Md. Code Ann., GCS § 7-601(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
There is a presumption that the grantee of a pardon was lawfully and properly convicted of a crime against the State unless the order granting the pardon states that the grantee has been shown conclusively to have been convicted in error.
# Md. Code Ann., GCS § 7-601(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–602
(a)
Unless the order granting a pardon provides otherwise, the Governor is the sole judge of whether a condition of a conditional pardon has been violated.
# Md. Code Ann., GCS § 7-602(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A determination by the Governor that a condition of a conditional pardon has been violated by the grantee is final and not subject to review by any court of the State.
# Md. Code Ann., GCS § 7-602(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-602 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–603
Unless the Governor orders otherwise, if the Governor revokes a conditional pardon for a breach of any of its conditions, the individual released on the conditional pardon:
(1)
shall serve the unserved portion of the sentence originally imposed; and
# Md. Code Ann., GCS § 7-603(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may not be granted credit for serving any portion of the original sentence during the time that the individual was released under the conditional pardon.
# Md. Code Ann., GCS § 7-603(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-603 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–701
(a)
If the Commission grants parole to an individual whom a court has ordered to make restitution as part of a sentence or as a condition of probation, the Commission shall require the individual to make restitution payments while on parole as a condition of parole.
# Md. Code Ann., GCS § 7-701(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except as provided in subsection (c) of this section, a pardon, partial pardon, conditional pardon, commutation of sentence, or parole does not affect any judgment entered under Title 11, Subtitle 6 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 7-701(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If the Governor orders a pardon and states as a part of the order that the defendant was convicted in error, the order discharges any judgment against the defendant under Title 11, Subtitle 6 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 7-701(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–801
(a)
# Md. Code Ann., GCS § 7-801(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 7-801(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Victim” has the meaning stated in § 11–104 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 7-801(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Victim’s representative” has the meaning stated in § 11–104 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 7-801(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-801(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At least 90 days before an incarcerated individual’s parole release hearing, the Department shall notify the victim or the victim’s representative in writing, directed to the most current address on file, that the parole release hearing has been scheduled if:
# Md. Code Ann., GCS § 7-801(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article; or
# Md. Code Ann., GCS § 7-801(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the victim makes a written request to the Department for notification and maintains a current address on file with the Department.
# Md. Code Ann., GCS § 7-801(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The victim may designate in writing to the Department the name and address of a representative who is a resident of the State to receive notice for the victim.
# Md. Code Ann., GCS § 7-801(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 7-801(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Not later than 30 days after the date of the Department’s notice under subsection (b) of this section, the victim of a crime may submit to the Department a written request that the Division of Parole and Probation be required to complete an updated victim impact statement.
# Md. Code Ann., GCS § 7-801(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the victim submits a request as authorized by paragraph (1) of this subsection, the Department shall direct the Division of Parole and Probation to:
# Md. Code Ann., GCS § 7-801(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
complete the updated statement at least 30 days before the parole release hearing; and
# Md. Code Ann., GCS § 7-801(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
send promptly the updated victim impact statement to the Commission.
# Md. Code Ann., GCS § 7-801(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A victim may:
# Md. Code Ann., GCS § 7-801(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
at least 30 days before the parole release hearing:
# Md. Code Ann., GCS § 7-801(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
make a written recommendation to the Commission on the advisability of releasing the incarcerated individual on parole; and
# Md. Code Ann., GCS § 7-801(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
request that the incarcerated individual be prohibited from having any contact with the victim as a condition of parole, mandatory supervision, work release, or other administrative release; and
# Md. Code Ann., GCS § 7-801(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
request a meeting with a commissioner.
# Md. Code Ann., GCS § 7-801(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Commission shall make an updated victim impact statement and a victim’s written recommendation available for review by the incarcerated individual or the incarcerated individual’s representative under § 7–303(b) of this title.
# Md. Code Ann., GCS § 7-801(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The Commission shall consider an updated victim impact statement or victim’s written recommendation at the parole release hearing.
# Md. Code Ann., GCS § 7-801(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
If a victim requested an open hearing under § 7–304 of this title, the victim may present oral testimony at the incarcerated individual’s parole release hearing in a manner established in regulations adopted by the Commission.
# Md. Code Ann., GCS § 7-801(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The Department shall notify promptly the victim or the victim’s representative of the decision of the Commission regarding parole for the incarcerated individual.
# Md. Code Ann., GCS § 7-801(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-801 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–802
(a)
If an incarcerated individual is sentenced to the Division of Correction and, at the time of sentencing, the sentencing judge makes a written request for notification, the Commission shall:
# Md. Code Ann., GCS § 7-802(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
at least 90 days before the parole release hearing, notify the sentencing judge in writing that a parole release hearing is scheduled for the incarcerated individual; and
# Md. Code Ann., GCS § 7-802(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
promptly notify the sentencing judge of the Commission’s final decision regarding parole for the incarcerated individual.
# Md. Code Ann., GCS § 7-802(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission shall make any recommendation made by the sentencing judge at the time of sentencing available for review by the incarcerated individual or the incarcerated individual’s representative under § 7–303(b) of this title.
# Md. Code Ann., GCS § 7-802(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-802 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–803
(a)
If a victim made a written request for notification under § 7–801(b)(1)(ii) of this subtitle or if a victim or a victim’s representative has filed a notification request form under § 11–104 of the Criminal Procedure Article, the Commission, if practicable, shall notify the victim in writing at least 90 days before entering into or signing a predetermined parole release agreement with an incarcerated individual.
# Md. Code Ann., GCS § 7-803(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission may not enter into a predetermined parole release agreement unless the Commission has notified the victim under subsection (a) of this section.
# Md. Code Ann., GCS § 7-803(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-803 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–804
If an individual was convicted of a crime and the victim made a written request for notification under § 7–801(b)(1)(ii) of this subtitle or if the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or the victim’s representative:
(1)
that a warrant or subpoena was issued by the Commission for the individual’s alleged violation of a condition of parole;
# Md. Code Ann., GCS § 7-804(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
that the individual has been found in violation or not in violation of a condition of parole; and
# Md. Code Ann., GCS § 7-804(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
of the punishment imposed on the individual for violating a condition of parole.
# Md. Code Ann., GCS § 7-804(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-804 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 7–805
(a)
If the victim made a written request to the Department for notification and maintains a current address on file with the Department or the victim or the victim’s representative filed a notification request form under § 11–104 of the Criminal Procedure Article, the Department shall notify the victim or the victim’s representative in writing that an incarcerated individual sentenced to the Division of Correction is being considered for a:
# Md. Code Ann., GCS § 7-805(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
commutation of sentence;
# Md. Code Ann., GCS § 7-805(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pardon; or
# Md. Code Ann., GCS § 7-805(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
remission of sentence.
# Md. Code Ann., GCS § 7-805(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 7-805(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The victim may submit to the Commission a victim impact statement and recommendation.
# Md. Code Ann., GCS § 7-805(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission shall make the victim impact statement and recommendation available for review by the incarcerated individual or the incarcerated individual’s representative subject to § 7–303(b) of this title.
# Md. Code Ann., GCS § 7-805(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If a victim impact statement or recommendation is submitted under this section, the Commission shall consider the victim impact statement or recommendation.
# Md. Code Ann., GCS § 7-805(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A victim may request a meeting with a commissioner.
# Md. Code Ann., GCS § 7-805(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Department shall notify promptly the victim or the victim’s designated representative of the Commission’s decision.
# Md. Code Ann., GCS § 7-805(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The victim may designate in writing to the Department the name and address of a representative to receive notice for the victim.
# Md. Code Ann., GCS § 7-805(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 7-805 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–101
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Approved standards” means the standards described in § 8-103(b) of this subtitle.
# Md. Code Ann., GCS § 8-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commission” means the Maryland Commission on Correctional Standards.
# Md. Code Ann., GCS § 8-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Minimum mandatory standards” means the standards described in § 8-103(a) of this subtitle.
# Md. Code Ann., GCS § 8-101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–102
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.
# Md. Code Ann., GCS § 8-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–103
(a)
# Md. Code Ann., GCS § 8-103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-103(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The minimum mandatory standards adopted under paragraph (1) of this subsection shall apply to all State and local correctional facilities.
# Md. Code Ann., GCS § 8-103(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-103(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The approved standards adopted under paragraph (1) of this subsection:
# Md. Code Ann., GCS § 8-103(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall apply to all State correctional facilities; and
# Md. Code Ann., GCS § 8-103(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
may be adopted, as a whole or in part, by a local correctional facility.
# Md. Code Ann., GCS § 8-103(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The standards adopted under this section shall be consistent with federal and State law.
# Md. Code Ann., GCS § 8-103(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–105
The standards adopted under § 8-103 of this subtitle shall be enforced as provided under §§ 8-112 through 8-114 of this subtitle.
# Md. Code Ann., GCS § 8-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–106
There is a Maryland Commission on Correctional Standards in the Department.
# Md. Code Ann., GCS § 8-106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–107
(a)
The Commission consists of the following 12 members:
# Md. Code Ann., GCS § 8-107(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Attorney General;
# Md. Code Ann., GCS § 8-107(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary of General Services;
# Md. Code Ann., GCS § 8-107(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Secretary of Budget and Management; and
# Md. Code Ann., GCS § 8-107(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the following nine members appointed by the Governor with the advice and consent of the Senate:
# Md. Code Ann., GCS § 8-107(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
two members of the public who are not directly employed in the field of corrections;
# Md. Code Ann., GCS § 8-107(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
two correctional personnel from State government;
# Md. Code Ann., GCS § 8-107(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
two correctional personnel from local government;
# Md. Code Ann., GCS § 8-107(a)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
one official or employee of a national correctional accreditation organization;
# Md. Code Ann., GCS § 8-107(a)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
one elected official from a local governing body; and
# Md. Code Ann., GCS § 8-107(a)(4)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
one member who is licensed, certified, or registered by the State as a mental health or medical professional.
# Md. Code Ann., GCS § 8-107(a)(4)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-107(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection:
# Md. Code Ann., GCS § 8-107(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the term of a member of the Commission is 3 years; and
# Md. Code Ann., GCS § 8-107(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
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.
# Md. Code Ann., GCS § 8-107(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 8-107(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Attorney General, Secretary of General Services, and Secretary of Budget and Management shall serve as ex officio members of the Commission.
# Md. Code Ann., GCS § 8-107(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
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.
# Md. Code Ann., GCS § 8-107(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 8-107(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 8-107(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-107(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–108
The Commission shall elect annually a chairperson and vice chairperson from among its members.
# Md. Code Ann., GCS § 8-108 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–109
(a)
A majority of the authorized membership of the Commission is a quorum.
# Md. Code Ann., GCS § 8-109(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission shall meet at the times determined by the Commission or its chairperson.
# Md. Code Ann., GCS § 8-109(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A member of the Commission:
# Md. Code Ann., GCS § 8-109(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not receive compensation for service on the Commission; but
# Md. Code Ann., GCS § 8-109(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 8-109(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-109 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–110
(a)
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.
# Md. Code Ann., GCS § 8-110(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-110(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-110 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–111
(a)
# Md. Code Ann., GCS § 8-111(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Secretary, the Commission shall appoint an Executive Director.
# Md. Code Ann., GCS § 8-111(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Executive Director is a special appointment in the State Personnel Management System.
# Md. Code Ann., GCS § 8-111(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Executive Director serves at the pleasure of the Commission.
# Md. Code Ann., GCS § 8-111(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Executive Director shall perform administrative functions as the Commission directs.
# Md. Code Ann., GCS § 8-111(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Executive Director is entitled to compensation as provided in the State budget.
# Md. Code Ann., GCS § 8-111(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-111 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–112
(a)
# Md. Code Ann., GCS § 8-112(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall:
# Md. Code Ann., GCS § 8-112(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
advise the Secretary regarding all minimum mandatory standards and approved standards for State and local correctional facilities;
# Md. Code Ann., GCS § 8-112(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
consult and coordinate with national bodies promulgating correctional standards to provide reasonable compatibility between the State standards and nationally established standards; and
# Md. Code Ann., GCS § 8-112(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
consult and cooperate with other units of the State and local jurisdictions concerning correctional standards.
# Md. Code Ann., GCS § 8-112(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-112(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission shall adopt regulations to carry out this subtitle.
# Md. Code Ann., GCS § 8-112(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commission shall employ a staff necessary to carry out this subtitle as provided in the State budget.
# Md. Code Ann., GCS § 8-112(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-112 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–113
(a)
The Commission shall:
# Md. Code Ann., GCS § 8-113(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish and implement a process to inspect State and local correctional facilities to determine and certify compliance with applicable standards; and
# Md. Code Ann., GCS § 8-113(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
determine deadlines for remedial action and reinspection whenever inspection reports indicate noncompliance with applicable standards.
# Md. Code Ann., GCS § 8-113(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission may review and act on appeals from staff inspection reports.
# Md. Code Ann., GCS § 8-113(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-113 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–114
(a)
# Md. Code Ann., GCS § 8-114(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-114(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The compliance plan shall state:
# Md. Code Ann., GCS § 8-114(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
which minimum mandatory standards the correctional facility has violated;
# Md. Code Ann., GCS § 8-114(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the time, to be determined by the Commission, that the correctional facility has to address the violations; and
# Md. Code Ann., GCS § 8-114(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the date that the Commission shall reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.
# Md. Code Ann., GCS § 8-114(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commission shall send a copy of the compliance plan to the executive and legislative body responsible for the correctional facility.
# Md. Code Ann., GCS § 8-114(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-114(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-114(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The letter of reprimand shall state:
# Md. Code Ann., GCS § 8-114(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
which minimum standards the correctional facility has violated;
# Md. Code Ann., GCS § 8-114(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the time, to be determined by the Commission but not to exceed 60 days, that the correctional facility has to address the violations; and
# Md. Code Ann., GCS § 8-114(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the date that the Commission will reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.
# Md. Code Ann., GCS § 8-114(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commission shall send a copy of the letter of reprimand to the executive and legislative body responsible for the correctional facility.
# Md. Code Ann., GCS § 8-114(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 8-114(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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:
# Md. Code Ann., GCS § 8-114(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
conduct a full standards and performance audit of the correctional facility; or
# Md. Code Ann., GCS § 8-114(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
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.
# Md. Code Ann., GCS § 8-114(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
When conducting a full standards and performance audit of a correctional facility, the Commission shall examine:
# Md. Code Ann., GCS § 8-114(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the physical condition of the correctional facility;
# Md. Code Ann., GCS § 8-114(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the safety and treatment of incarcerated individuals at the correctional facility;
# Md. Code Ann., GCS § 8-114(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
whether the correctional facility has policies and procedures in place as required by the minimum mandatory standards; and
# Md. Code Ann., GCS § 8-114(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
whether the correctional facility is following the required policies and procedures.
# Md. Code Ann., GCS § 8-114(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
When conducting a full standards and performance audit, the Commission shall have unrestricted access to the personnel and records of the correctional facility.
# Md. Code Ann., GCS § 8-114(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
# Md. Code Ann., GCS § 8-114(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
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.
# Md. Code Ann., GCS § 8-114(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the Commission needs to obtain assistance, the correctional facility that is being audited shall reimburse the Commission for any cost incurred.
# Md. Code Ann., GCS § 8-114(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 8-114(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
After completing a full standards and performance audit, the Commission shall send a letter to the correctional facility.
# Md. Code Ann., GCS § 8-114(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The letter shall contain:
# Md. Code Ann., GCS § 8-114(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a copy of the audit findings, including details on all areas where the correctional facility fails to comply with the minimum mandatory standards;
# Md. Code Ann., GCS § 8-114(c)(5)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a statement of what actions the correctional facility must take in order to comply with the audit findings;
# Md. Code Ann., GCS § 8-114(c)(5)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a date when the correctional facility must comply with the audit findings; and
# Md. Code Ann., GCS § 8-114(c)(5)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
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.
# Md. Code Ann., GCS § 8-114(c)(5)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Commission shall send a copy of the letter to the executive and legislative bodies responsible for the correctional facility.
# Md. Code Ann., GCS § 8-114(c)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
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.
# Md. Code Ann., GCS § 8-114(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 8-114(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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:
# Md. Code Ann., GCS § 8-114(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
petition a circuit court with venue over the proceeding for a court order requiring the correctional facility to comply with the audit findings; or
# Md. Code Ann., GCS § 8-114(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
issue an order to cease operation of the correctional facility or any of its correctional elements, procedures, or functions.
# Md. Code Ann., GCS § 8-114(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission shall provide to a correctional facility reasonable notice of a hearing under paragraph (1) of this subsection.
# Md. Code Ann., GCS § 8-114(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
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.
# Md. Code Ann., GCS § 8-114(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-114 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–115
(a)
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.
# Md. Code Ann., GCS § 8-115(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-115(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 8-115(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-115(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-115(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-115 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–116
(a)
# Md. Code Ann., GCS § 8-116(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commission shall establish advisory boards to assist the Commission in carrying out its powers and duties under this subtitle.
# Md. Code Ann., GCS § 8-116(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commission may establish advisory boards on adult:
# Md. Code Ann., GCS § 8-116(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
detention centers and lockups;
# Md. Code Ann., GCS § 8-116(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
community correctional facilities; and
# Md. Code Ann., GCS § 8-116(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
correctional facilities other than those listed in items (i) and (ii) of this paragraph.
# Md. Code Ann., GCS § 8-116(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The chairperson of the Commission shall appoint the members of an advisory board with the approval of the Commission.
# Md. Code Ann., GCS § 8-116(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The chairperson of an advisory board shall be a Commission member.
# Md. Code Ann., GCS § 8-116(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-116 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–117
The Commission may perform any acts necessary and appropriate to carry out the powers and duties set forth in this subtitle.
# Md. Code Ann., GCS § 8-117 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–201
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-201(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Approved correctional training school” means a school authorized by the Commission to offer training programs as provided under this subtitle.
# Md. Code Ann., GCS § 8-201(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commission” means the Correctional Training Commission.
# Md. Code Ann., GCS § 8-201(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Correctional administrator” means a correctional officer who has been promoted from a supervisory rank to first–line administrative duties.
# Md. Code Ann., GCS § 8-201(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 8-201(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“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:
# Md. Code Ann., GCS § 8-201(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
have been placed on parole or mandatory supervision;
# Md. Code Ann., GCS § 8-201(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
have been placed on probation; or
# Md. Code Ann., GCS § 8-201(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
have received a suspended sentence.
# Md. Code Ann., GCS § 8-201(e)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Correctional officer” does not include:
# Md. Code Ann., GCS § 8-201(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the head or deputy head of a correctional unit; or
# Md. Code Ann., GCS § 8-201(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
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.
# Md. Code Ann., GCS § 8-201(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Correctional supervisor” means a correctional officer who has been promoted to first–line supervisory duties.
# Md. Code Ann., GCS § 8-201(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 8-201(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“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:
# Md. Code Ann., GCS § 8-201(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
have been placed on parole or mandatory supervision;
# Md. Code Ann., GCS § 8-201(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
have been placed on probation; or
# Md. Code Ann., GCS § 8-201(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
have received a suspended sentence.
# Md. Code Ann., GCS § 8-201(g)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“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.
# Md. Code Ann., GCS § 8-201(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 8-201(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“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.
# Md. Code Ann., GCS § 8-201(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“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.
# Md. Code Ann., GCS § 8-201(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Permanent appointment” means an appointment that has permanent status.
# Md. Code Ann., GCS § 8-201(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–202
The General Assembly finds that:
(1)
there is a need to improve the administration of the correctional system to better protect the health, safety, and welfare of the public;
# Md. Code Ann., GCS § 8-202(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the ultimate goal of the correctional system is to make the community safer by reducing the incidence of crime;
# Md. Code Ann., GCS § 8-202(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
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;
# Md. Code Ann., GCS § 8-202(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
recent studies have revealed that greater training for correctional work is highly desirable;
# Md. Code Ann., GCS § 8-202(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the need for training can be substantially met by creating educational and training programs for individuals seeking careers as correctional officers;
# Md. Code Ann., GCS § 8-202(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
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;
# Md. Code Ann., GCS § 8-202(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
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
# Md. Code Ann., GCS § 8-202(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
Department of Juvenile Services employees should have specific and appropriate training for that population.
# Md. Code Ann., GCS § 8-202(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–203
There is a Correctional Training Commission in the Department.
# Md. Code Ann., GCS § 8-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–204
(a)
# Md. Code Ann., GCS § 8-204(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-204(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Capital region” means Frederick County, Montgomery County, and Prince George’s County.
# Md. Code Ann., GCS § 8-204(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Central region” means Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County.
# Md. Code Ann., GCS § 8-204(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“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.
# Md. Code Ann., GCS § 8-204(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
“Southern region” means Calvert County, Charles County, and St. Mary’s County.
# Md. Code Ann., GCS § 8-204(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
“Western region” means Allegany County, Garrett County, and Washington County.
# Md. Code Ann., GCS § 8-204(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission consists of the following members:
# Md. Code Ann., GCS § 8-204(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Secretary of Public Safety and Correctional Services;
# Md. Code Ann., GCS § 8-204(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary of Juvenile Services;
# Md. Code Ann., GCS § 8-204(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;
# Md. Code Ann., GCS § 8-204(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a representative of the Department of Juvenile Services, designated by the Secretary of Juvenile Services;
# Md. Code Ann., GCS § 8-204(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
a Deputy Secretary of Public Safety and Correctional Services;
# Md. Code Ann., GCS § 8-204(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the president of the Maryland Correctional Administrators Association;
# Md. Code Ann., GCS § 8-204(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the president of the Maryland Sheriffs Association;
# Md. Code Ann., GCS § 8-204(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
the president of the Maryland Criminal Justice Association;
# Md. Code Ann., GCS § 8-204(b)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
the Attorney General of the State;
# Md. Code Ann., GCS § 8-204(b)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
the president of a university or college in the State with a correctional education curriculum, appointed by the Maryland Higher Education Commission;
# Md. Code Ann., GCS § 8-204(b)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
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;
# Md. Code Ann., GCS § 8-204(b)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
five correctional officers or officials appointed under subsection (c) of this section;
# Md. Code Ann., GCS § 8-204(b)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
the Director of the Division of Parole and Probation within the Department of Public Safety and Correctional Services; and
# Md. Code Ann., GCS § 8-204(b)(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(14)
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.
# Md. Code Ann., GCS § 8-204(b)(14) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 8-204(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-204(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The five members appointed under paragraph (1) of this subsection shall represent each of the following geographic areas of the State:
# Md. Code Ann., GCS § 8-204(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the capital region;
# Md. Code Ann., GCS § 8-204(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the central region;
# Md. Code Ann., GCS § 8-204(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the Eastern Shore region;
# Md. Code Ann., GCS § 8-204(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the southern region; and
# Md. Code Ann., GCS § 8-204(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the western region.
# Md. Code Ann., GCS § 8-204(c)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The term of a member who is appointed under paragraph (1) of this subsection is 3 years.
# Md. Code Ann., GCS § 8-204(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
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.
# Md. Code Ann., GCS § 8-204(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 8-204(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
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.
# Md. Code Ann., GCS § 8-204(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
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.
# Md. Code Ann., GCS § 8-204(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-204(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–205
(a)
The Secretary of Public Safety and Correctional Services or the Secretary’s representative is the chairperson of the Commission.
# Md. Code Ann., GCS § 8-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commission shall elect annually a vice chairperson from among its members.
# Md. Code Ann., GCS § 8-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–206
(a)
# Md. Code Ann., GCS § 8-206(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Secretary, the Commission shall appoint an Executive Director.
# Md. Code Ann., GCS § 8-206(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Executive Director shall perform general administrative functions.
# Md. Code Ann., GCS § 8-206(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Executive Director serves at the pleasure of the Commission.
# Md. Code Ann., GCS § 8-206(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-206(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-206(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Deputy Director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.
# Md. Code Ann., GCS § 8-206(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
In accordance with the State budget, the Commission may set the compensation of:
# Md. Code Ann., GCS § 8-206(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Executive Director and the Deputy Director; and
# Md. Code Ann., GCS § 8-206(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a Commission employee in a position that:
# Md. Code Ann., GCS § 8-206(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is unique to the Commission;
# Md. Code Ann., GCS § 8-206(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
requires specific skills or experience to perform the duties of the position; and
# Md. Code Ann., GCS § 8-206(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
# Md. Code Ann., GCS § 8-206(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-206(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–207
(a)
The Commission shall meet in the State at the times determined by:
# Md. Code Ann., GCS § 8-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a majority of the authorized membership of the Commission;
# Md. Code Ann., GCS § 8-207(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the chairperson of the Commission; or
# Md. Code Ann., GCS § 8-207(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Secretary.
# Md. Code Ann., GCS § 8-207(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A majority of the authorized membership of the Commission is a quorum.
# Md. Code Ann., GCS § 8-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A member of the Commission:
# Md. Code Ann., GCS § 8-207(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not receive compensation for service on the Commission; but
# Md. Code Ann., GCS § 8-207(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 8-207(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commission shall:
# Md. Code Ann., GCS § 8-207(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
maintain minutes of its meetings and any other records that it considers necessary; and
# Md. Code Ann., GCS § 8-207(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provide information, on request, regarding the budget, activities, and programs of the Commission.
# Md. Code Ann., GCS § 8-207(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–208
(a)
Subject to the authority of the Secretary, the Commission has the following powers and duties:
# Md. Code Ann., GCS § 8-208(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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;
# Md. Code Ann., GCS § 8-208(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
to approve and issue certificates of approval to correctional training schools;
# Md. Code Ann., GCS § 8-208(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
to inspect correctional training schools;
# Md. Code Ann., GCS § 8-208(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
to revoke, for cause, any approval or certificate of approval issued to a correctional training school;
# Md. Code Ann., GCS § 8-208(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
to prescribe the following for correctional training schools:
# Md. Code Ann., GCS § 8-208(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
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;
# Md. Code Ann., GCS § 8-208(a)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
courses of study;
# Md. Code Ann., GCS § 8-208(a)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
attendance requirements;
# Md. Code Ann., GCS § 8-208(a)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
eligibility requirements;
# Md. Code Ann., GCS § 8-208(a)(5)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
equipment and facilities;
# Md. Code Ann., GCS § 8-208(a)(5)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
standards of operation; and
# Md. Code Ann., GCS § 8-208(a)(5)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
minimum qualifications for instructors;
# Md. Code Ann., GCS § 8-208(a)(5)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
to certify and issue appropriate certificates to qualified instructors for approved correctional training schools;
# Md. Code Ann., GCS § 8-208(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
to certify and issue appropriate certificates to correctional officers who have satisfactorily completed training programs;
# Md. Code Ann., GCS § 8-208(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
to conduct and operate approved correctional training schools;
# Md. Code Ann., GCS § 8-208(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
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;
# Md. Code Ann., GCS § 8-208(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
to make a continuous study of correctional training methods and procedures for all correctional training schools;
# Md. Code Ann., GCS § 8-208(a)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
to consult with and accept the cooperation of any recognized federal, State, or municipal correctional agency or educational institution;
# Md. Code Ann., GCS § 8-208(a)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
to consult and cooperate with universities, colleges, and institutions to develop all general and specialized courses of study for correctional officers;
# Md. Code Ann., GCS § 8-208(a)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
to consult and cooperate with other units of the State concerned with correctional training;
# Md. Code Ann., GCS § 8-208(a)(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(14)
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
# Md. Code Ann., GCS § 8-208(a)(14) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(15)
to perform any other act that is necessary or appropriate to carry out this subtitle.
# Md. Code Ann., GCS § 8-208(a)(15) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-208(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–209
(a)
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.
# Md. Code Ann., GCS § 8-209(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-209(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A probationary appointee is entitled to a leave of absence with pay during the period of the training program.
# Md. Code Ann., GCS § 8-209(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commission shall establish the minimum qualifications for probationary or permanent appointment as a Department of Juvenile Services employee.
# Md. Code Ann., GCS § 8-209(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-209 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–209.1
(a)
# Md. Code Ann., GCS § 8-209.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-209.1(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Applicant” means an individual who is seeking certification as:
# Md. Code Ann., GCS § 8-209.1(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a correctional officer; or
# Md. Code Ann., GCS § 8-209.1(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a Department of Juvenile Services employee, as defined in § 8–201(h) of this subtitle.
# Md. Code Ann., GCS § 8-209.1(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
# Md. Code Ann., GCS § 8-209.1(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An applicant for certification under this section shall apply to the Central Repository for a State and national criminal history records check.
# Md. Code Ann., GCS § 8-209.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
As part of the application for a criminal history records check, an applicant shall submit to the Central Repository:
# Md. Code Ann., GCS § 8-209.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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;
# Md. Code Ann., GCS § 8-209.1(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
# Md. Code Ann., GCS § 8-209.1(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
# Md. Code Ann., GCS § 8-209.1(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-209.1(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Information obtained from the Central Repository under this section:
# Md. Code Ann., GCS § 8-209.1(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall be confidential;
# Md. Code Ann., GCS § 8-209.1(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may not be redisseminated; and
# Md. Code Ann., GCS § 8-209.1(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
may be used only for the licensing purpose authorized by this title.
# Md. Code Ann., GCS § 8-209.1(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
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.
# Md. Code Ann., GCS § 8-209.1(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
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.
# Md. Code Ann., GCS § 8-209.1(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-209.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–209.2
(a)
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.
# Md. Code Ann., GCS § 8-209.2(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-209.2(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-209.2(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-209.2(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-209.2(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-209.2 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–210
Except as expressly provided in this subtitle, this subtitle does not limit the powers, rights, duties, or responsibilities of a municipal or county government.
# Md. Code Ann., GCS § 8-210 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–211
(a)
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:
# Md. Code Ann., GCS § 8-211(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the testing of body–worn cameras to ensure adequate functioning;
# Md. Code Ann., GCS § 8-211(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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;
# Md. Code Ann., GCS § 8-211(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
when recording is mandatory;
# Md. Code Ann., GCS § 8-211(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
when recording is prohibited;
# Md. Code Ann., GCS § 8-211(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
when recording is discretionary;
# Md. Code Ann., GCS § 8-211(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
when recording may require consent of a subject being recorded;
# Md. Code Ann., GCS § 8-211(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
when a recording may be ended;
# Md. Code Ann., GCS § 8-211(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
providing notice of recording;
# Md. Code Ann., GCS § 8-211(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
access to and confidentiality of recordings;
# Md. Code Ann., GCS § 8-211(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
the secure storage of data from a body–worn camera;
# Md. Code Ann., GCS § 8-211(a)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
review and use of recordings;
# Md. Code Ann., GCS § 8-211(a)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
retention of recordings;
# Md. Code Ann., GCS § 8-211(a)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
dissemination and release of recordings;
# Md. Code Ann., GCS § 8-211(a)(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(14)
notification requirements when another individual becomes a party to the communication following the initial notification;
# Md. Code Ann., GCS § 8-211(a)(14) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(15)
specific protections for individuals when there is an expectation of privacy in private or public places; and
# Md. Code Ann., GCS § 8-211(a)(15) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(16)
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.
# Md. Code Ann., GCS § 8-211(a)(16) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-211(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 8-211(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
This subsection applies only to a local correctional facility.
# Md. Code Ann., GCS § 8-211(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A local correctional facility may not be required to adopt the use of body–worn cameras by correctional officers.
# Md. Code Ann., GCS § 8-211(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
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.
# Md. Code Ann., GCS § 8-211(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-211 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–401
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-401(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Agreement” means the Interstate Agreement on Detainers, which is set forth in §§ 8-402 through 8-411 of this subtitle.
# Md. Code Ann., GCS § 8-401(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Appropriate court” means, with reference to the courts of this State, a circuit court of a county or the District Court.
# Md. Code Ann., GCS § 8-401(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Correctional institution” means, with reference to the correctional institutions of this State, any State or local correctional facility.
# Md. Code Ann., GCS § 8-401(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–402
The contracting states solemnly agree that:
# Md. Code Ann., GCS § 8-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–403
Article I
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.
# Md. Code Ann., GCS § 8-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–404
Article II
(a)
As used in this Agreement the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-404(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“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).
# Md. Code Ann., GCS § 8-404(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“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).
# Md. Code Ann., GCS § 8-404(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“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.
# Md. Code Ann., GCS § 8-404(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–405
Article III
(a)
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.
# Md. Code Ann., GCS § 8-405(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-405(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-405(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-405(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
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.
# Md. Code Ann., GCS § 8-405(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
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.
# Md. Code Ann., GCS § 8-405(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–406
Article IV
(a)
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.
# Md. Code Ann., GCS § 8-406(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-406(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-406(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-406(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
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.
# Md. Code Ann., GCS § 8-406(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–407
Article V
(a)
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.
# Md. Code Ann., GCS § 8-407(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
# Md. Code Ann., GCS § 8-407(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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
# Md. Code Ann., GCS § 8-407(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-407(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-407(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-407(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
At the earliest practicable time consonant with the purposes of this Agreement, the prisoner shall be returned to the sending state.
# Md. Code Ann., GCS § 8-407(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
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.
# Md. Code Ann., GCS § 8-407(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
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.
# Md. Code Ann., GCS § 8-407(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
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.
# Md. Code Ann., GCS § 8-407(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-407 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–408
Article VI
(a)
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.
# Md. Code Ann., GCS § 8-408(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-408(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-408 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–409
Article VII
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.
# Md. Code Ann., GCS § 8-409 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–410
Article VIII
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.
# Md. Code Ann., GCS § 8-410 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–411
Article IX
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.
# Md. Code Ann., GCS § 8-411 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–412
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.
# Md. Code Ann., GCS § 8-412 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–413
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.
# Md. Code Ann., GCS § 8-413 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–414
The managing official of a correctional institution in this State shall transfer an incarcerated individual as required by operation of the Agreement.
# Md. Code Ann., GCS § 8-414 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–415
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.
# Md. Code Ann., GCS § 8-415 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–416
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.
# Md. Code Ann., GCS § 8-416 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–417
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.
# Md. Code Ann., GCS § 8-417 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–501
(a)
Outstanding charges against an incarcerated individual and detainers based on untried indictments, informations, warrants, or complaints produce uncertainties that:
# Md. Code Ann., GCS § 8-501(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
obstruct programs of incarcerated individual treatment and rehabilitation; and
# Md. Code Ann., GCS § 8-501(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
cause an incarcerated individual serving a term under a detainer to suffer serious disadvantages.
# Md. Code Ann., GCS § 8-501(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-501(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–502
(a)
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:
# Md. Code Ann., GCS § 8-502(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in the case of the Division of Correction, is serving a sentence in a correctional facility in the Division of Correction;
# Md. Code Ann., GCS § 8-502(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
in the case of the Patuxent Institution, is confined at the Patuxent Institution; or
# Md. Code Ann., GCS § 8-502(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
in the case of a local correctional facility, is serving a sentence in the local correctional facility.
# Md. Code Ann., GCS § 8-502(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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:
# Md. Code Ann., GCS § 8-502(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the State’s Attorney of the county in which the indictment, information, warrant, or complaint is pending; and
# Md. Code Ann., GCS § 8-502(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the appropriate court.
# Md. Code Ann., GCS § 8-502(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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:
# Md. Code Ann., GCS § 8-502(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the incarcerated individual’s term of confinement;
# Md. Code Ann., GCS § 8-502(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the time already served;
# Md. Code Ann., GCS § 8-502(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the time remaining to be served;
# Md. Code Ann., GCS § 8-502(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the amount of diminution credits awarded for good conduct;
# Md. Code Ann., GCS § 8-502(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the date of parole eligibility for the incarcerated individual; and
# Md. Code Ann., GCS § 8-502(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the most recent decision of the Maryland Parole Commission or the Board of Review of the Patuxent Institution relating to the incarcerated individual.
# Md. Code Ann., GCS § 8-502(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-502(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–503
(a)
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.
# Md. Code Ann., GCS § 8-503(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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:
# Md. Code Ann., GCS § 8-503(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
of the source and contents of the detainer lodged against the incarcerated individual; and
# Md. Code Ann., GCS § 8-503(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-503(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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:
# Md. Code Ann., GCS § 8-503(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the untried indictment, information, warrant, or complaint shall have no further force or effect; and
# Md. Code Ann., GCS § 8-503(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the court shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice.
# Md. Code Ann., GCS § 8-503(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 8-503(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-503(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-503(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The managing official shall file the incarcerated individual’s request for final disposition and the required statement by certified mail, return receipt requested.
# Md. Code Ann., GCS § 8-503(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
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:
# Md. Code Ann., GCS § 8-503(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the untried indictment, information, warrant, or complaint has no further force or effect; and
# Md. Code Ann., GCS § 8-503(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-503(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 8-503(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-503(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
On the request of the sheriff, the transportation may be furnished by the correctional facility in which the incarcerated individual is confined.
# Md. Code Ann., GCS § 8-503(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–601
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.
# Md. Code Ann., GCS § 8-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–602
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.
# Md. Code Ann., GCS § 8-602 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–603
(a)
As used in this Compact, unless the context clearly requires otherwise, the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-603(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Incarcerated individual” means a male or female offender who is committed to, under sentence to, or confined in a penal or correctional institution.
# Md. Code Ann., GCS § 8-603(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“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.
# Md. Code Ann., GCS § 8-603(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“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.
# Md. Code Ann., GCS § 8-603(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Sending state” means a state party to this Compact in which conviction or court commitment was had.
# Md. Code Ann., GCS § 8-603(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“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.
# Md. Code Ann., GCS § 8-603(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-603 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–604
(a)
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:
# Md. Code Ann., GCS § 8-604(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
its duration;
# Md. Code Ann., GCS § 8-604(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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;
# Md. Code Ann., GCS § 8-604(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
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;
# Md. Code Ann., GCS § 8-604(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
delivery and retaking of incarcerated individuals; and
# Md. Code Ann., GCS § 8-604(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.
# Md. Code Ann., GCS § 8-604(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-604(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-604 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–605
(a)
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.
# Md. Code Ann., GCS § 8-605(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-605(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-605(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-605(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
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.
# Md. Code Ann., GCS § 8-605(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
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.
# Md. Code Ann., GCS § 8-605(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
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.
# Md. Code Ann., GCS § 8-605(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
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.
# Md. Code Ann., GCS § 8-605(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
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.
# Md. Code Ann., GCS § 8-605(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-605 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–606
(a)
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.
# Md. Code Ann., GCS § 8-606(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-606(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-606 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–607
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.
# Md. Code Ann., GCS § 8-607 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–608
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.
# Md. Code Ann., GCS § 8-608 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–609
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.
# Md. Code Ann., GCS § 8-609 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–610
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.
# Md. Code Ann., GCS § 8-610 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–611
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.
# Md. Code Ann., GCS § 8-611 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–701
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-701(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.
# Md. Code Ann., GCS § 8-701(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“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.
# Md. Code Ann., GCS § 8-701(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–702
A county may establish a community service program.
# Md. Code Ann., GCS § 8-702 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–703
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:
(1)
instead of payment of any fines and court costs imposed; or
# Md. Code Ann., GCS § 8-703(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as a condition of:
# Md. Code Ann., GCS § 8-703(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
probation, whether granted under § 6-220 or § 6-225 of the Criminal Procedure Article or otherwise;
# Md. Code Ann., GCS § 8-703(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a suspended sentence;
# Md. Code Ann., GCS § 8-703(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a case being placed on a stet docket; or
# Md. Code Ann., GCS § 8-703(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a juvenile being subject to a diversionary program.
# Md. Code Ann., GCS § 8-703(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-703 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–704
A criminal defendant or a juvenile may be assigned to perform a work project under a community service program only if:
(1)
the juvenile or defendant consents to the assignment;
# Md. Code Ann., GCS § 8-704(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the juvenile or defendant is not compensated for the work performed; and
# Md. Code Ann., GCS § 8-704(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
in the case of a defendant, the individual has not been convicted of a crime of violence.
# Md. Code Ann., GCS § 8-704(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-704 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–705
(a)
A nonprofit charitable institution, public association, community service association, or governmental unit may provide work projects for a community service program.
# Md. Code Ann., GCS § 8-705(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-705(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A participating agency shall provide, on a written form, any information useful for assigning a juvenile or defendant to an appropriate work project, including:
# Md. Code Ann., GCS § 8-705(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a description of the work project;
# Md. Code Ann., GCS § 8-705(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the days of the week and the hours of each day that each work project is to be performed;
# Md. Code Ann., GCS § 8-705(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
special skills or physical requirements to perform the work project; and
# Md. Code Ann., GCS § 8-705(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
for a work project of limited duration, the date when the availability of the project expires.
# Md. Code Ann., GCS § 8-705(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A participating agency shall send the form to the clerks of court.
# Md. Code Ann., GCS § 8-705(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-705 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–706
A community service program:
(1)
for adults, shall be administered either by the county or, within the county, by the Division of Parole and Probation; or
# Md. Code Ann., GCS § 8-706(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
for juveniles, shall be administered either by the county or, within the county, by the Department of Juvenile Services.
# Md. Code Ann., GCS § 8-706(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-706 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–707
A county may elect to have a community service program monitored by:
(1)
the Division of Parole and Probation;
# Md. Code Ann., GCS § 8-707(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Department of Juvenile Services; or
# Md. Code Ann., GCS § 8-707(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the county.
# Md. Code Ann., GCS § 8-707(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-707 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–708
A county shall pay for:
(1)
local monitoring of a community service program; and
# Md. Code Ann., GCS § 8-708(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
supervising participants.
# Md. Code Ann., GCS § 8-708(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-708 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–709
(a)
A county shall report to the administering unit at the times and in the manner that the administering unit determines.
# Md. Code Ann., GCS § 8-709(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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:
# Md. Code Ann., GCS § 8-709(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the report on adults to the Division of Parole and Probation;
# Md. Code Ann., GCS § 8-709(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the report on juveniles to the Department of Juvenile Services; and
# Md. Code Ann., GCS § 8-709(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
both reports to the Administrative Office of the Courts.
# Md. Code Ann., GCS § 8-709(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-709 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–710
(a)
A participating agency that requests the assignment of a community service worker:
# Md. Code Ann., GCS § 8-710(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is responsible for supervising the worker who is assigned to the agency; and
# Md. Code Ann., GCS § 8-710(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
shall accept the assignment of the worker on the terms and conditions imposed by the court.
# Md. Code Ann., GCS § 8-710(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-710(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A participating agency may report the unsuitability of a community service worker to the court.
# Md. Code Ann., GCS § 8-710(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a worker is reported to be unsuitable, the court:
# Md. Code Ann., GCS § 8-710(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall remove the worker from the project; and
# Md. Code Ann., GCS § 8-710(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
after considering all the facts and circumstances, may reassign the worker or take other action allowed by law.
# Md. Code Ann., GCS § 8-710(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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:
# Md. Code Ann., GCS § 8-710(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
as a condition of probation;
# Md. Code Ann., GCS § 8-710(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
as a condition of suspended sentence; or
# Md. Code Ann., GCS § 8-710(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
instead of any fines and court costs imposed.
# Md. Code Ann., GCS § 8-710(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-710 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–711
(a)
This section applies only in Prince George’s County.
# Md. Code Ann., GCS § 8-711(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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:
# Md. Code Ann., GCS § 8-711(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the rubbish was dumped on the property without the knowledge and consent of the owner; and
# Md. Code Ann., GCS § 8-711(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-711(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-711(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 8-711(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
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.
# Md. Code Ann., GCS § 8-711(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 8-711(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-711 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–801
(a)
An incarcerated individual may not falsely imprison an individual who:
# Md. Code Ann., GCS § 8-801(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is employed by a correctional facility;
# Md. Code Ann., GCS § 8-801(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
performs volunteer work for a correctional facility;
# Md. Code Ann., GCS § 8-801(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
performs duties in a correctional facility by virtue of federal, State, or local government employment; or
# Md. Code Ann., GCS § 8-801(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
performs duties in a correctional facility by virtue of a contract with a local government or the federal or State government.
# Md. Code Ann., GCS § 8-801(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 8-801(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.
# Md. Code Ann., GCS § 8-801(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A sentence imposed under this section may not be suspended.
# Md. Code Ann., GCS § 8-801(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-801 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–802
(a)
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.
# Md. Code Ann., GCS § 8-802(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $100.
# Md. Code Ann., GCS § 8-802(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An employee of a State correctional facility who violates this section is subject to removal.
# Md. Code Ann., GCS § 8-802(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-802 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–803
(a)
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.
# Md. Code Ann., GCS § 8-803(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-803(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-803(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-803 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 8–804
(a)
# Md. Code Ann., GCS § 8-804(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 8-804(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Aircraft” means a device that is used or intended to be used for flight in the air.
# Md. Code Ann., GCS § 8-804(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
# Md. Code Ann., GCS § 8-804(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
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.
# Md. Code Ann., GCS § 8-804(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
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.
# Md. Code Ann., GCS § 8-804(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
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.
# Md. Code Ann., GCS § 8-804(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 8-804 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–101
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Commissioner” means the Commissioner of Correction.
# Md. Code Ann., GCS § 9-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Division” means the Division of Correction.
# Md. Code Ann., GCS § 9-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–102
This subtitle applies to any judge of the circuit court for a county or of the District Court.
# Md. Code Ann., GCS § 9-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–103
(a)
# Md. Code Ann., GCS § 9-103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Notwithstanding any other law, a judge who sentences an individual to imprisonment for an offense for which a law requires the imprisonment be served at a specific State correctional facility shall sentence the individual to the jurisdiction of the Division.
# Md. Code Ann., GCS § 9-103(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The judge shall commit the individual to the custody of the Commissioner and cause the individual to be delivered to the Commissioner for imprisonment.
# Md. Code Ann., GCS § 9-103(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If a law refers to the sentencing of an incarcerated individual to or confinement of an incarcerated individual in a specific correctional facility in the Division, the reference shall be construed to mean sentencing of an incarcerated individual to the jurisdiction of or confinement of an incarcerated individual in the Division rather than the specific correctional facility.
# Md. Code Ann., GCS § 9-103(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Each individual sentenced to the jurisdiction of the Division and each individual still in confinement under a sentence imposed before June 1, 1967, shall be held by, confined in, assigned to, or transferred to:
# Md. Code Ann., GCS § 9-103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a correctional facility in the Division, as the Division orders; or
# Md. Code Ann., GCS § 9-103(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if convenient and practical, a barracks of the Department of State Police.
# Md. Code Ann., GCS § 9-103(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–104
(a)
This section does not apply to an individual sentenced in Baltimore City.
# Md. Code Ann., GCS § 9-104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Notwithstanding any other law, a judge may not sentence an individual to the jurisdiction of the Division for 12 months or less unless:
# Md. Code Ann., GCS § 9-104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the sentence is for an offense committed by an incarcerated individual in a correctional facility under the jurisdiction of the Division; and
# Md. Code Ann., GCS § 9-104(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the incarcerated individual is still under the jurisdiction of the Division.
# Md. Code Ann., GCS § 9-104(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–105
Notwithstanding any other law, a judge may sentence an individual to a local correctional facility if:
(1)
the sentence to be then executed is for a period of not more than 18 months; and
# Md. Code Ann., GCS § 9-105(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the judge imposing the sentence is in a jurisdiction that is a party to the operation and maintenance of the local correctional facility to which the individual is sentenced.
# Md. Code Ann., GCS § 9-105(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–106
(a)
This section applies only in Baltimore City.
# Md. Code Ann., GCS § 9-106(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Notwithstanding any other law, a judge who imposes a sentence of imprisonment on an individual shall commit the individual to the custody of the Commissioner of Correction.
# Md. Code Ann., GCS § 9-106(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A judge who commits an individual to custody for any purpose other than service of a sentence shall commit the individual to the custody of the Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 9-106(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–201
(a)
# Md. Code Ann., GCS § 9-201(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-201(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Sexual offense” means:
# Md. Code Ann., GCS § 9-201(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a violation of:
# Md. Code Ann., GCS § 9-201(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
§ 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017; or
# Md. Code Ann., GCS § 9-201(a)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
§ 3–307, § 3–308, § 3–309, or § 3–310 of the Criminal Law Article or the former § 3–311 or § 3–312 of the Criminal Law Article as the sections existed on September 30, 2017; or
# Md. Code Ann., GCS § 9-201(a)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
an attempt to violate:
# Md. Code Ann., GCS § 9-201(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
§ 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, as a principal or an aider or abettor; or
# Md. Code Ann., GCS § 9-201(a)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
§ 3–307 or § 3–308 of the Criminal Law Article as a principal or an aider or abettor.
# Md. Code Ann., GCS § 9-201(a)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“State correctional facility” does not include:
# Md. Code Ann., GCS § 9-201(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Patuxent Institution; or
# Md. Code Ann., GCS § 9-201(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Baltimore City Detention Center.
# Md. Code Ann., GCS § 9-201(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was serving a sentence in a State or local correctional facility, the sentence for the sexual offense shall run consecutive to the sentence that the incarcerated individual was serving at the time of the sexual offense.
# Md. Code Ann., GCS § 9-201(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 9-201(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, before the imposition of the sentence for the sexual offense, the incarcerated individual was sentenced to a term of imprisonment for the charge for which the incarcerated individual was being held at the time of the sexual offense, the sentence imposed for the sexual offense shall run consecutive to the sentence imposed for the charge for which the incarcerated individual was being held at the time of the sexual offense.
# Md. Code Ann., GCS § 9-201(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, at the time that the sentence for the sexual offense is imposed, the incarcerated individual has not been sentenced on the other charge, any sentence of imprisonment eventually imposed for the other charge shall run consecutive to the sentence imposed for the sexual offense.
# Md. Code Ann., GCS § 9-201(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–202
(a)
# Md. Code Ann., GCS § 9-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-202(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Division custody” means confinement resulting from a sentence to the jurisdiction of the Division of Correction.
# Md. Code Ann., GCS § 9-202(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 9-202(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Non–Division custody” means any postsentencing criminal confinement other than Division custody.
# Md. Code Ann., GCS § 9-202(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
“Non–Division custody” includes confinement resulting from a sentence to:
# Md. Code Ann., GCS § 9-202(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a local correctional facility; or
# Md. Code Ann., GCS § 9-202(a)(3)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a correctional facility in a foreign jurisdiction.
# Md. Code Ann., GCS § 9-202(a)(3)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A sentence to a term of Division custody that is imposed consecutive to a term of Non–Division custody shall begin when the individual is released from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
# Md. Code Ann., GCS § 9-202(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A sentence to a term of Non–Division custody that is imposed consecutive to a term of Division custody shall begin when the individual is released from Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
# Md. Code Ann., GCS § 9-202(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A sentence imposed consecutive to a term of confinement for which the defendant is on parole shall begin:
# Md. Code Ann., GCS § 9-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
if, at the time of sentencing, parole is revoked, on expiration of the original term of confinement; or
# Md. Code Ann., GCS § 9-202(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if parole is not revoked, on the date that the consecutive sentence was imposed.
# Md. Code Ann., GCS § 9-202(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An incarcerated individual under a sentence to a term of Division custody that is concurrent or partially concurrent to a term of Non–Division custody shall be subject to Division custody immediately on release from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
# Md. Code Ann., GCS § 9-202(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-302(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(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.
# Md. Code Ann., GCS § 9-302(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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;
# Md. Code Ann., GCS § 9-303(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the local correctional facility is not equipped to properly provide the necessary treatment or detention; and
# Md. Code Ann., GCS § 9-303(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
when required by any other law, the committing court approves the transfer.
# Md. Code Ann., GCS § 9-303(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–305
(a)
This section does not apply to the transfer of an incarcerated individual that is:
# Md. Code Ann., GCS § 9-305(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in accordance with a court order; and
# Md. Code Ann., GCS § 9-305(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
in connection with a pending judicial proceeding.
# Md. Code Ann., GCS § 9-305(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(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.
# Md. Code Ann., GCS § 9-305(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Commissioner of Correction shall adopt regulations necessary to carry out this section.
# Md. Code Ann., GCS § 9-305(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-306 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-307(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(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.
# Md. Code Ann., GCS § 9-307(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-307 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 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.
# Md. Code Ann., GCS § 9-308 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–402
(a)
In this section, “sentenced incarcerated individuals” means those incarcerated individuals confined in a local correctional facility after being sentenced to the custody of the local correctional facility for more than 12 months and not more than 18 months.
# Md. Code Ann., GCS § 9-402(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Subject to subsection (d) of this section, for each fiscal year the State shall provide each county a grant equal to at least $45 for each day from the end of the 12th month through the end of the 18th month that a sentenced incarcerated individual was confined in a local correctional facility during the second preceding fiscal year.
# Md. Code Ann., GCS § 9-402(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to subsection (d) of this section, for each fiscal year the State shall provide each county a grant equal to at least $45 for each day:
# Md. Code Ann., GCS § 9-402(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
after the first day through the day of release that an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction was confined in a local correctional facility during the second preceding fiscal year; or
# Md. Code Ann., GCS § 9-402(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
that an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction received reentry or other prerelease programming and services from a local correctional facility during the second preceding fiscal year.
# Md. Code Ann., GCS § 9-402(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 9-402(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On or before October 1 of each year, each county shall submit to the Department incarcerated individual days reports for the previous fiscal year.
# Md. Code Ann., GCS § 9-402(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a county fails to submit the information required under paragraph (1) of this subsection when due, the Department shall deduct an amount equal to 20% of the grant under subsection (b) of this section for each 30 days or part of 30 days after the due date that the information has not been submitted.
# Md. Code Ann., GCS § 9-402(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–405
After each fiscal year the State shall reimburse a county for medical expenses that exceed $25,000 for each incarcerated individual confined in a local correctional facility, regardless of whether the incarcerated individual has been sentenced.
# Md. Code Ann., GCS § 9-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–501
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-501(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-501(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“County roads authority” means the governmental entity that has control of the public roads of a county.
# Md. Code Ann., GCS § 9-501(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“County roads authority” includes, in a county in which the board of county commissioners has control of the public roads of the county, the board of county commissioners.
# Md. Code Ann., GCS § 9-501(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Public roads” includes highways, roads, bridges, and streets under the jurisdiction of the State or a county or municipal corporation of the State.
# Md. Code Ann., GCS § 9-501(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–502
It is the policy of the State that, because of the enforced idleness of incarcerated individuals, it is necessary and desirable that useful work on projects in the State be found for incarcerated individuals and that those incarcerated individuals who may be used safely for maintenance, construction, or reconstruction projects shall be assigned that work.
# Md. Code Ann., GCS § 9-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–503
(a)
The county roads authority may employ on the public roads of the county male incarcerated individuals who have been sentenced to terms of imprisonment in a local correctional facility in the county who the county roads authority finds are physically able to perform the work.
# Md. Code Ann., GCS § 9-503(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
On the written order of the board of county commissioners or the county executive of a county, the managing official of a local correctional facility in the county shall send, under a competent guard, the number of able–bodied incarcerated individuals who have been sentenced to terms of imprisonment in the local correctional facility that the county requires, to work on public roads of the county, including the adjacent land areas of municipal corporations in the county, or in any quarry, pit, or yard in preparing materials for use on public roads of the county.
# Md. Code Ann., GCS § 9-503(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
While employing incarcerated individuals as authorized under this section, the county roads authority shall provide for the guarding, transporting, lodging, feeding, and medical care of the incarcerated individuals.
# Md. Code Ann., GCS § 9-503(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The governing body of the county shall reimburse the managing official out of the county fund for the expenses incurred in transporting the incarcerated individuals to and from the work site and in properly guarding the incarcerated individuals at the work site while at work under the direction of a county road representative and under the regulations that the managing official considers necessary for the health and safe custody of the incarcerated individuals.
# Md. Code Ann., GCS § 9-503(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–504
(a)
# Md. Code Ann., GCS § 9-504(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A county roads authority may request that the Division of Correction furnish incarcerated individuals who may be profitably employed in the repair or construction of public roads of the county.
# Md. Code Ann., GCS § 9-504(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After receiving a request from the county roads authority, the Division of Correction shall furnish the number of requested incarcerated individuals who are available to work on the public roads of the county.
# Md. Code Ann., GCS § 9-504(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-504(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection and subsection (c) of this section, the Division of Correction shall provide for the guarding, transporting, lodging, feeding, clothing, and medical care of State incarcerated individuals employed on public roads of a county.
# Md. Code Ann., GCS § 9-504(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
When State incarcerated individuals are employed in the same work force as incarcerated individuals of a county that requested that the Division of Correction furnish State incarcerated individuals:
# Md. Code Ann., GCS § 9-504(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Division of Correction shall furnish all necessary guards at the expense of the county roads authority; and
# Md. Code Ann., GCS § 9-504(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the county roads authority shall provide for the lodging, feeding, and medical care of the incarcerated individuals as required by § 9–503(c) of this subtitle.
# Md. Code Ann., GCS § 9-504(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The county roads authority shall reimburse the Division of Correction for all expenses incurred in guarding, transporting, and maintaining State incarcerated individuals who are furnished for work on public roads of the county at the request of the county roads authority.
# Md. Code Ann., GCS § 9-504(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 9-504(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A county roads authority using State incarcerated individuals as provided in this section shall pay to the Division of Correction the daily amount contractually agreed on by the county roads authority and the Division of Correction for each day that a State incarcerated individual works on public roads of the county.
# Md. Code Ann., GCS § 9-504(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Division of Correction shall hold the payments made under this section to the credit of each incarcerated individual under applicable law.
# Md. Code Ann., GCS § 9-504(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The county roads authority may use money appropriated to construct county or State aid roads under its jurisdiction as necessary to maintain the incarcerated individual work force and to pay for the materials and equipment used by the incarcerated individual work force.
# Md. Code Ann., GCS § 9-504(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-504 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–505
(a)
The State Highway Administration may apply to the Division of Correction for a State incarcerated individual work force to be used to construct and maintain State highways.
# Md. Code Ann., GCS § 9-505(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
For the purpose of this section, the State Highway Administration is subject to the requirements and conditions of this subtitle that apply to a county roads authority.
# Md. Code Ann., GCS § 9-505(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-505 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–506
The Division of Correction may adopt regulations, applicable to each incarcerated individual who is employed in public work under this subtitle, that grant an additional good behavior allowance to the incarcerated individual conditioned on the incarcerated individual’s good deportment and compliance with the regulations adopted by the Division of Correction for the management and control of incarcerated individuals employed in public work.
# Md. Code Ann., GCS § 9-506 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–507
(a)
The provisions of this section and §§ 9–508 through 9–514 of this subtitle do not apply to:
# Md. Code Ann., GCS § 9-507(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Baltimore City Detention Center;
# Md. Code Ann., GCS § 9-507(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Mayor and City Council of Baltimore; or
# Md. Code Ann., GCS § 9-507(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the public roads of Baltimore City.
# Md. Code Ann., GCS § 9-507(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Each male incarcerated individual of a State or local correctional facility may be required to work on public roads in accordance with §§ 9–508 through 9–514 of this subtitle.
# Md. Code Ann., GCS § 9-507(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-507 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–508
(a)
The Governor may require that the Commissioner of Correction certify to the Governor the number of male incarcerated individuals who are confined in correctional facilities in the Division of Correction and who are available and physically able to work on public roads of the State.
# Md. Code Ann., GCS § 9-508(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If the governing body of a county or municipal corporation desires that incarcerated individuals of a correctional facility under its jurisdiction work on public roads of the State, the governing body may certify to the Governor the number of male incarcerated individuals who are available and physically able to perform the work.
# Md. Code Ann., GCS § 9-508(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-508 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–509
(a)
On receipt of a certification required under § 9–508 of this subtitle, the Governor may assign to the State Highway Administration as many of the incarcerated individuals certified to the Governor as the State Highway Administration can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.
# Md. Code Ann., GCS § 9-509(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The State Highway Administration shall employ the incarcerated individuals assigned by the Governor under this section.
# Md. Code Ann., GCS § 9-509(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-509 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–510
(a)
The governing body of a county or municipal corporation may request that the Governor furnish the number of incarcerated individuals that the county or municipal corporation can profitably employ to construct, repair, or maintain the public roads under its jurisdiction.
# Md. Code Ann., GCS § 9-510(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
After the Governor has assigned incarcerated individuals to the State Highway Administration under § 9–509 of this subtitle, from the remaining incarcerated individuals certified to the Governor under § 9–508 of this subtitle, the Governor may assign the number of incarcerated individuals that the Governor considers equitable among counties and municipal corporations requesting incarcerated individuals under subsection (a) of this section.
# Md. Code Ann., GCS § 9-510(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-510 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–511
(a)
The Division of Correction shall provide, or make arrangements that it considers to be adequate and proper to provide, for the guarding, transporting, lodging, feeding, clothing, and medical and other care of incarcerated individuals while the incarcerated individuals are working on public roads under §§ 9–508 through 9–514 of this subtitle.
# Md. Code Ann., GCS § 9-511(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division of Correction may adopt regulations as necessary to carry out §§ 9–508 through 9–514 of this subtitle.
# Md. Code Ann., GCS § 9-511(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 9-511(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
For incarcerated individuals assigned to the State Highway Administration under § 9–509 of this subtitle, the State shall pay the expenses incurred under subsection (a) of this section.
# Md. Code Ann., GCS § 9-511(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
For incarcerated individuals assigned to a municipal corporation or county under § 9–510 of this subtitle, the municipal corporation or county shall pay the expenses incurred under subsection (a) of this section under arrangements made with, or satisfactory to, the Division of Correction.
# Md. Code Ann., GCS § 9-511(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-511 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–512
(a)
For each incarcerated individual assigned to and employed by the State Highway Administration or a county or municipal corporation, respectively, under § 9–509 or § 9–511 of this subtitle, the State Highway Administration, county, or municipal corporation shall pay to the Division of Correction the daily sum agreed on with the Division of Correction for each day that the incarcerated individual is employed.
# Md. Code Ann., GCS § 9-512(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-512(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, from the payments made under subsection (a) of this section, the Division of Correction:
# Md. Code Ann., GCS § 9-512(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall hold an amount, as determined by the Division, to the credit of the incarcerated individual on whose account the payments were made; and
# Md. Code Ann., GCS § 9-512(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
on release or discharge of the incarcerated individual, shall pay to the incarcerated individual those payments held by the Division to the credit of the incarcerated individual.
# Md. Code Ann., GCS § 9-512(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Division of Correction finds that the wife, child, or other dependent of an incarcerated individual needs financial support, the Division may pay all or part of the payments made under subsection (a) of this section, as the Division considers proper, to the dependent.
# Md. Code Ann., GCS § 9-512(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Division of Correction may adopt regulations as necessary to govern the collection and disbursement of payments made under this section.
# Md. Code Ann., GCS § 9-512(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-512 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–513
An incarcerated individual working on public roads under §§ 9–508 through 9–514 of this subtitle is entitled to the same deductions or allowances for good behavior, observance of discipline and rules, and diligent and faithful labor, and is subject to the same forfeitures or punishments for bad behavior and other violations that otherwise apply to incarcerated individuals under the laws of the State.
# Md. Code Ann., GCS § 9-513 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–514
(a)
# Md. Code Ann., GCS § 9-514(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
All expenses incurred and disbursements made by the Division of Correction under § 9–511 of this subtitle for the guarding, transporting, lodging, feeding, clothing, and medical and other care of incarcerated individuals working under §§ 9–508 through 9–513 of this subtitle for the State Highway Administration shall be paid out of money in the Treasury that has not been otherwise appropriated and is available for those purposes or, subject to paragraph (2) of this subsection, out of money appropriated for those purposes.
# Md. Code Ann., GCS § 9-514(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 9-514(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Division of Correction may not pay the expenses specified in paragraph (1) of this subsection out of money appropriated for those purposes unless the Governor approves the payment and orders the Comptroller to make the payment.
# Md. Code Ann., GCS § 9-514(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Comptroller shall draw a warrant on the Treasury, as otherwise provided by law, for the amount ordered by the Governor.
# Md. Code Ann., GCS § 9-514(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A county or municipal corporation to which incarcerated individuals have been assigned under § 9–510 of this subtitle may make any appropriations, assessments, and levies necessary to enable the county or municipal corporation to pay the expenses and payments authorized or required under §§ 9–508 through 9–513 of this subtitle.
# Md. Code Ann., GCS § 9-514(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The payments required to be made by the State Highway Administration under § 9–512 of this subtitle shall be paid out of the State Highway Administration’s appropriation.
# Md. Code Ann., GCS § 9-514(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-514 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–516
(a)
The Board of County Commissioners of Carroll County may employ an incarcerated individual who is serving a term of confinement in the Carroll County Detention Center to perform any public service that Carroll County routinely provides to the citizens of the County.
# Md. Code Ann., GCS § 9-516(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Sheriff of Carroll County, in consultation with and on the approval of the Board of County Commissioners of Carroll County, shall adopt regulations governing the incarcerated individual employment program authorized under this section, including supervision of incarcerated individuals and security of the public and the Detention Center.
# Md. Code Ann., GCS § 9-516(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
For each calendar month during which an incarcerated individual shows satisfactory industry, application, and progress in special selected work projects, the incarcerated individual may be allowed a deduction of not more than 5 days of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 9-516(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Board of County Commissioners of Carroll County may:
# Md. Code Ann., GCS § 9-516(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
authorize payment to incarcerated individuals employed as provided under this section based on the normal rate of pay for the job performed; and
# Md. Code Ann., GCS § 9-516(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
deduct from payments to incarcerated individuals the costs of providing the employment, training, and confinement.
# Md. Code Ann., GCS § 9-516(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-516 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–517
(a)
At the request of the Board of County Commissioners of Somerset County or the mayor and city council of a municipal corporation in Somerset County, the Division of Correction shall supply incarcerated individuals, if reasonably available, to work on projects to develop, improve, and maintain public areas, parks, and recreation areas in the County or municipal corporation.
# Md. Code Ann., GCS § 9-517(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The other provisions of this subtitle apply to employment of incarcerated individuals under this section.
# Md. Code Ann., GCS § 9-517(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-517 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–519
(a)
Subject to subsection (b) of this section, at the request of another unit of State government, the Division of Correction may provide incarcerated individuals for labor on State work projects if the Division of Correction considers the placement expedient and proper.
# Md. Code Ann., GCS § 9-519(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division of Correction may provide incarcerated individuals for a work project only if the unit of State government that requests the incarcerated individuals agrees to the terms and conditions that the Division of Correction specifies.
# Md. Code Ann., GCS § 9-519(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-519 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–520
(a)
After reaching an agreement with the Department of State Police regarding the custody, supervision, transportation, and subsistence of incarcerated individuals, the Division of Correction or the managing official of a local correctional facility may assign incarcerated individuals who have been sentenced to imprisonment to perform labor or provide services in and about the facilities of the Department of State Police.
# Md. Code Ann., GCS § 9-520(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An incarcerated individual who escapes while assigned to perform labor or provide services under this section is guilty of escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 9-520(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-520 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–601
(a)
# Md. Code Ann., GCS § 9-601(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-601(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Labor” means, as determined by the medical professional responsible for the care of the incarcerated individual or detainee, the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
# Md. Code Ann., GCS § 9-601(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Physical restraint” means a restraint or device used to control or bind the movement of any part of an individual’s body or limbs.
# Md. Code Ann., GCS § 9-601(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Postpartum recovery” means the period immediately following delivery as determined by the medical professional responsible for the care of the incarcerated individual, including the entire period during which the incarcerated individual is in the hospital or infirmary after a birth.
# Md. Code Ann., GCS § 9-601(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a representation is made to the managing official of a correctional facility in the Department that an incarcerated individual in the correctional facility is pregnant and about to give birth, the managing official:
# Md. Code Ann., GCS § 9-601(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a reasonable time before the anticipated birth, shall make an investigation; and
# Md. Code Ann., GCS § 9-601(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
if the facts require, shall recommend through the Maryland Parole Commission that the Governor exercise executive clemency.
# Md. Code Ann., GCS § 9-601(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Without notice, the Governor may:
# Md. Code Ann., GCS § 9-601(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
parole the incarcerated individual;
# Md. Code Ann., GCS § 9-601(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
commute the incarcerated individual’s sentence; or
# Md. Code Ann., GCS § 9-601(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
suspend the execution of the incarcerated individual’s sentence for a definite period or from time to time.
# Md. Code Ann., GCS § 9-601(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If the Governor suspends the execution of an incarcerated individual’s sentence, the managing official of the correctional facility:
# Md. Code Ann., GCS § 9-601(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a reasonable time before the anticipated birth, shall have the incarcerated individual transferred from the correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and
# Md. Code Ann., GCS § 9-601(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
shall require the incarcerated individual to be returned to the correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.
# Md. Code Ann., GCS § 9-601(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
A physical restraint may not be used on an incarcerated individual while the incarcerated individual is in labor or during delivery, except as determined by the medical professional responsible for the care of the incarcerated individual.
# Md. Code Ann., GCS § 9-601(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 9-601(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, a physical restraint may not be used on an incarcerated individual known to be pregnant or in postpartum recovery.
# Md. Code Ann., GCS § 9-601(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A physical restraint may be used on an incarcerated individual known to be pregnant or in postpartum recovery if:
# Md. Code Ann., GCS § 9-601(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the managing official of a correctional facility, the managing official’s designee, or a local sheriff makes an individualized determination, which shall be recorded on the transport or medical record of the incarcerated individual, that a physical restraint is required to ensure the safety and security of the incarcerated individual, the staff of the correctional facility or medical facility, other incarcerated individuals, or the public according to policies and procedures adopted by the Department and the managing official of a local correctional facility or the managing official of the agency designated to transport incarcerated individuals; and
# Md. Code Ann., GCS § 9-601(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the physical restraint is the least restrictive necessary and does not include waist or leg restraints.
# Md. Code Ann., GCS § 9-601(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Notwithstanding paragraph (2) of this subsection, if a doctor, nurse, or other health professional treating an incarcerated individual known to be pregnant or in postpartum recovery requests that physical restraints not be used, the correctional officer or other law enforcement officer accompanying the incarcerated individual shall immediately remove all physical restraints.
# Md. Code Ann., GCS § 9-601(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Department and the managing official of each local correctional facility or the managing official of the agency designated to transport incarcerated individuals shall develop a policy for use at each correctional facility that:
# Md. Code Ann., GCS § 9-601(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
requires a physical restraint used on a pregnant incarcerated individual during transport to be the least restrictive necessary; and
# Md. Code Ann., GCS § 9-601(f)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
establishes a method for reporting the use of physical restraints on pregnant incarcerated individuals.
# Md. Code Ann., GCS § 9-601(f)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 9-601(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s transfer under subsection (d)(1) of this section shall be paid:
# Md. Code Ann., GCS § 9-601(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
by the incarcerated individual;
# Md. Code Ann., GCS § 9-601(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
by relatives or friends of the incarcerated individual; or
# Md. Code Ann., GCS § 9-601(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.
# Md. Code Ann., GCS § 9-601(g)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:
# Md. Code Ann., GCS § 9-601(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the county from which the incarcerated individual was committed is responsible for payment of the expenses; and
# Md. Code Ann., GCS § 9-601(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article.
# Md. Code Ann., GCS § 9-601(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 9-601(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After receiving proof from the father or other relative of the child of the ability to properly care for the child, the Department may order that the father or other relative take custody of the child.
# Md. Code Ann., GCS § 9-601(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The father or other relative of the child that receives custody under paragraph (1) of this subsection shall maintain and care for the child at the father’s or other relative’s expense until the incarcerated individual is released from the correctional facility or the child, as provided by law, is adopted.
# Md. Code Ann., GCS § 9-601(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If the father or other relative of the child is unable to properly maintain and care for the child, the Department shall place the child in the care of the Department of Human Services.
# Md. Code Ann., GCS § 9-601(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Notwithstanding any other provision of this section, the Department may allow an incarcerated individual to participate in programming and to retain custody of the newborn child in or out of custody if:
# Md. Code Ann., GCS § 9-601(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the environment and program is consistent with the best interests of the child and consistent with public safety; and
# Md. Code Ann., GCS § 9-601(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the custody is not inconsistent with the parental rights of any individual who is not detained or confined in a correctional facility.
# Md. Code Ann., GCS § 9-601(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 9-601(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
This subsection applies to local correctional facilities and correctional facilities in the Department.
# Md. Code Ann., GCS § 9-601(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each correctional facility shall have a written policy in place regarding the medical care of pregnant incarcerated individuals that addresses:
# Md. Code Ann., GCS § 9-601(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
procedures for providing pregnancy testing to all female incarcerated individuals, including on intake;
# Md. Code Ann., GCS § 9-601(j)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
access to prenatal care, including:
# Md. Code Ann., GCS § 9-601(j)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
routine appointments, laboratory work, and ultrasounds;
# Md. Code Ann., GCS § 9-601(j)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
procedures and schedules for providing pregnant incarcerated individuals with laboratory and testing results; and
# Md. Code Ann., GCS § 9-601(j)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
nutritional needs and counseling;
# Md. Code Ann., GCS § 9-601(j)(2)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
high–risk pregnancies, including maternal substance abuse disorder;
# Md. Code Ann., GCS § 9-601(j)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
miscarriage management, including:
# Md. Code Ann., GCS § 9-601(j)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
procedures for evaluating the appropriate level of care;
# Md. Code Ann., GCS § 9-601(j)(2)(iv)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
protocol for on–site and off–site miscarriage management;
# Md. Code Ann., GCS § 9-601(j)(2)(iv)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
emergency miscarriage management; and
# Md. Code Ann., GCS § 9-601(j)(2)(iv)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
follow–up care;
# Md. Code Ann., GCS § 9-601(j)(2)(iv)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
access to abortion care, including:
# Md. Code Ann., GCS § 9-601(j)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
information about abortion providers; and
# Md. Code Ann., GCS § 9-601(j)(2)(v)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
transportation;
# Md. Code Ann., GCS § 9-601(j)(2)(v)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
access to child placement resources, including:
# Md. Code Ann., GCS § 9-601(j)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
information about adoption or referral to adoption resources, including kinship adoption, open and closed adoption, and agency and private adoption;
# Md. Code Ann., GCS § 9-601(j)(2)(vi)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
foster care; and
# Md. Code Ann., GCS § 9-601(j)(2)(vi)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
kinship care;
# Md. Code Ann., GCS § 9-601(j)(2)(vi)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
labor and delivery, including:
# Md. Code Ann., GCS § 9-601(j)(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the facility where labor and delivery shall occur;
# Md. Code Ann., GCS § 9-601(j)(2)(vii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
transportation; and
# Md. Code Ann., GCS § 9-601(j)(2)(vii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
transmittal of medical records to the facility for labor and delivery;
# Md. Code Ann., GCS § 9-601(j)(2)(vii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
postpartum recovery care, including:
# Md. Code Ann., GCS § 9-601(j)(2)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
transportation to the correctional facility from the labor and delivery facility;
# Md. Code Ann., GCS § 9-601(j)(2)(viii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
access to hygiene products;
# Md. Code Ann., GCS § 9-601(j)(2)(viii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a schedule for postpartum recovery care; and
# Md. Code Ann., GCS § 9-601(j)(2)(viii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
accommodations for pumping and storage of breast milk;
# Md. Code Ann., GCS § 9-601(j)(2)(viii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ix)
eligibility and access to behavioral health counseling and social services during the prenatal and postpartum recovery periods;
# Md. Code Ann., GCS § 9-601(j)(2)(ix) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(x)
use of restraints during pregnancy, transportation, labor and delivery, and postpartum recovery; and
# Md. Code Ann., GCS § 9-601(j)(2)(x) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(xi)
use of involuntary medical isolation or restrictive housing for administrative, protective, or disciplinary purposes during pregnancy and 8 weeks during the postpartum or post–pregnancy recovery period.
# Md. Code Ann., GCS § 9-601(j)(2)(xi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The managing official of a correctional facility shall provide the written policy required under this subsection to an incarcerated individual at the time of a positive pregnancy test result.
# Md. Code Ann., GCS § 9-601(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Maryland Commission on Correctional Standards shall review each correctional facility’s policy required under this subsection during regular inspections.
# Md. Code Ann., GCS § 9-601(j)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–601.1
(a)
In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
# Md. Code Ann., GCS § 9-601.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except as provided in this section, a pregnant incarcerated individual may not be involuntarily placed in restrictive housing, including involuntary medical isolation or infirmary.
# Md. Code Ann., GCS § 9-601.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 9-601.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A pregnant incarcerated individual may be involuntarily placed in restrictive housing if the managing official of the correctional facility, in consultation with the person overseeing women’s health and services in the facility, makes an individualized and written determination that restrictive housing is required as a temporary response to:
# Md. Code Ann., GCS § 9-601.1(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
behavior that poses:
# Md. Code Ann., GCS § 9-601.1(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a serious and immediate risk of physical harm to the incarcerated individual or another; or
# Md. Code Ann., GCS § 9-601.1(c)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
an immediate and credible flight risk that cannot be reasonably prevented by other means; or
# Md. Code Ann., GCS § 9-601.1(c)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a situation that poses a risk of spreading a communicable disease that cannot be reasonably mitigated by other means.
# Md. Code Ann., GCS § 9-601.1(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A managing official who makes a determination described in paragraph (1) of this subsection shall document the reason why other less restrictive housing is not possible.
# Md. Code Ann., GCS § 9-601.1(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The determination described in paragraph (1) of this subsection shall be reviewed and affirmed at least every 24 hours in writing with a copy provided to the incarcerated individual.
# Md. Code Ann., GCS § 9-601.1(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An individual placed in restrictive housing under this section shall be:
# Md. Code Ann., GCS § 9-601.1(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
medically assessed every 8 hours;
# Md. Code Ann., GCS § 9-601.1(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
housed only in the least restrictive setting consistent with the health and safety of the individual; and
# Md. Code Ann., GCS § 9-601.1(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
given an intensive treatment plan developed and approved by the person overseeing women’s health and services in the facility.
# Md. Code Ann., GCS § 9-601.1(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 9-601.1(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A pregnant incarcerated individual who is deemed to need infirmary care shall be admitted to the infirmary on order of a primary care nurse practitioner or obstetrician.
# Md. Code Ann., GCS § 9-601.1(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the incarcerated individual is overdue in the pregnancy, the incarcerated individual shall be housed in the infirmary as an admitted patient until labor begins or until the obstetrical consultant has made other housing and care recommendations.
# Md. Code Ann., GCS § 9-601.1(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A pregnant incarcerated individual who has been placed in the infirmary shall be provided:
# Md. Code Ann., GCS § 9-601.1(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
access to regular outside recreation consistent with the general population;
# Md. Code Ann., GCS § 9-601.1(e)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
access to visits, mail, and telephone consistent with general population privileges; and
# Md. Code Ann., GCS § 9-601.1(e)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the ability to continue to participate in work detail, programming, and classes.
# Md. Code Ann., GCS § 9-601.1(e)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 9-601.1(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 48 hours after confirmation by a health care professional that an incarcerated individual is pregnant, the incarcerated individual shall be notified in writing of the restrictions on a pregnant incarcerated individual being placed in restrictive housing provided in this section.
# Md. Code Ann., GCS § 9-601.1(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall establish a process through which an incarcerated individual may report a violation of this section.
# Md. Code Ann., GCS § 9-601.1(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The managing official of a correctional facility who authorized the placement of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of the placement a report in writing to the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the person overseeing women’s health and services in the facility that describes the facts and circumstances surrounding the placement, including:
# Md. Code Ann., GCS § 9-601.1(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the reasoning for the determination to place the incarcerated individual in restrictive housing;
# Md. Code Ann., GCS § 9-601.1(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
details of the placement, including the names of those who conducted medical assessments of the incarcerated individual, dates and times of placement, and the date, if applicable, the incarcerated individual was released from restrictive housing; and
# Md. Code Ann., GCS § 9-601.1(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
any physical or mental effects on the incarcerated individual or fetus resulting from the placement observed or reported by the person overseeing women’s health and services in the facility.
# Md. Code Ann., GCS § 9-601.1(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-601.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–602
(a)
Whenever the Division of Correction determines that an incarcerated individual in a correctional facility in the Division is ill and the facilities of the correctional facility are inadequate to provide treatment for the illness, the Division may direct the managing official of the correctional facility to order the temporary removal of the incarcerated individual from the correctional facility to a facility in the State in which the incarcerated individual may receive adequate treatment.
# Md. Code Ann., GCS § 9-602(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Division of Correction may direct the temporary removal of an incarcerated individual from a correctional facility under subsection (a) of this section for a specified or unspecified time period.
# Md. Code Ann., GCS § 9-602(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An order of temporary removal under subsection (a) of this section shall:
# Md. Code Ann., GCS § 9-602(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
be carried out with correctional officers and under supervision and safeguards as necessary to prevent the escape of the incarcerated individual; and
# Md. Code Ann., GCS § 9-602(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
require the incarcerated individual to be returned to a correctional facility in the Division of Correction as soon as the incarcerated individual’s health allows.
# Md. Code Ann., GCS § 9-602(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
During the period of the incarcerated individual’s temporary removal under this section, an incarcerated individual remains in the custody of the Division of Correction for the purposes of determining:
# Md. Code Ann., GCS § 9-602(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the release date of the incarcerated individual; and
# Md. Code Ann., GCS § 9-602(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
diminution of the incarcerated individual’s term of confinement in accordance with §§ 3–702 through 3–704 of this article.
# Md. Code Ann., GCS § 9-602(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An incarcerated individual who escapes while temporarily removed under this section is guilty of escape and subject to the penalties of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 9-602(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 9-602(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The expenses of an incarcerated individual’s accommodation, maintenance, and medical care incurred as a result of the incarcerated individual’s temporary removal under this section shall be paid:
# Md. Code Ann., GCS § 9-602(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
by the incarcerated individual;
# Md. Code Ann., GCS § 9-602(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
by relatives or friends of the incarcerated individual; or
# Md. Code Ann., GCS § 9-602(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
from any available fund that may be used to pay the hospital expenses of an incarcerated individual in the correctional facility.
# Md. Code Ann., GCS § 9-602(f)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If money is not available under any of the sources identified in paragraph (1) of this subsection to pay the specified expenses:
# Md. Code Ann., GCS § 9-602(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the county from which the incarcerated individual was committed shall be billed for payment of the expenses; and
# Md. Code Ann., GCS § 9-602(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the managing official of the correctional facility to which the incarcerated individual was committed shall collect payment in accordance with Title 16 of the Health – General Article.
# Md. Code Ann., GCS § 9-602(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
The temporary removal of an incarcerated individual from a correctional facility under this section is subject to any regulations adopted by the Division of Correction regarding correctional officers, supervision, and terms of temporary removal.
# Md. Code Ann., GCS § 9-602(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-602 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–602.1
(a)
The Department of State Police shall investigate any death of an incarcerated individual suspected to be a homicide that occurs while the incarcerated individual is in the custody of the Division of Correction whether within or outside a correctional facility.
# Md. Code Ann., GCS § 9-602.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
On or before December 31 each year, the Department of State Police shall post on its website and submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report detailing for the preceding calendar year:
# Md. Code Ann., GCS § 9-602.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the number of investigations completed by the Department of State Police under this section; and
# Md. Code Ann., GCS § 9-602.1(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the number of cases referred by the Department of State Police for prosecution following an investigation completed under this section.
# Md. Code Ann., GCS § 9-602.1(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-602.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–602.2
(a)
Whenever an incarcerated individual dies in a Division of Correction facility, the Commissioner of Correction shall notify the following persons:
# Md. Code Ann., GCS § 9-602.2(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the State delegates and State senator representing the legislative district where the facility is located;
# Md. Code Ann., GCS § 9-602.2(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the legislative body of the county where the facility is located or the Baltimore City Council, if the facility is located in Baltimore City; and
# Md. Code Ann., GCS § 9-602.2(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the chief executive of the county where the facility is located or the Mayor of Baltimore City, if the facility is located in Baltimore City.
# Md. Code Ann., GCS § 9-602.2(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The notification required under subsection (a) of this section:
# Md. Code Ann., GCS § 9-602.2(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall include the cause of death of the deceased incarcerated individual; and
# Md. Code Ann., GCS § 9-602.2(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may not include protected health information of the deceased incarcerated individual.
# Md. Code Ann., GCS § 9-602.2(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Department shall adopt regulations compliant with the federal Health Insurance Portability and Accountability Act to implement this section.
# Md. Code Ann., GCS § 9-602.2(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-602.2 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–603
(a)
# Md. Code Ann., GCS § 9-603(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, the requirements under this section shall apply to:
# Md. Code Ann., GCS § 9-603(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
local detention centers in the following counties by January 1, 2020:
# Md. Code Ann., GCS § 9-603(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
Howard County;
# Md. Code Ann., GCS § 9-603(a)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
Montgomery County;
# Md. Code Ann., GCS § 9-603(a)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
Prince George’s County; and
# Md. Code Ann., GCS § 9-603(a)(1)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
St. Mary’s County; and
# Md. Code Ann., GCS § 9-603(a)(1)(i)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
local detention centers in six additional counties by October 1, 2021.
# Md. Code Ann., GCS § 9-603(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 9-603(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Governor’s Office of Crime Prevention and Policy, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.
# Md. Code Ann., GCS § 9-603(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the Baltimore Pre–trial Complex has not fully implemented the provisions of this section by January 2023, the Department of Public Safety and Correctional Services shall report to the Senate Finance Committee and the House Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on the status and timeline of implementation.
# Md. Code Ann., GCS § 9-603(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Funding for the program at the Baltimore Pre–trial Complex shall be as provided in the State budget.
# Md. Code Ann., GCS § 9-603(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-603(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-603(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Health care practitioner” means an individual who is licensed, certified, or otherwise authorized to practice under the Health Occupations Article.
# Md. Code Ann., GCS § 9-603(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Incarcerated individual” means an individual confined within a local correctional facility.
# Md. Code Ann., GCS § 9-603(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Medication” means a medication approved by the federal Food and Drug Administration for the treatment of opioid use disorder.
# Md. Code Ann., GCS § 9-603(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
“Medication–assisted treatment” means the use of medication, in combination with counseling and behavioral health therapies, to provide a holistic approach to the treatment of opioid use disorder.
# Md. Code Ann., GCS § 9-603(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
“Opioid use disorder” means a medically diagnosed problematic pattern of opioid use that causes significant impairment or distress.
# Md. Code Ann., GCS § 9-603(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
“Peer recovery specialist” means an individual who has been certified by an entity approved by the Maryland Department of Health for the purpose of providing peer support services, as defined under § 7.5–101(n) of the Health – General Article.
# Md. Code Ann., GCS § 9-603(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An incarcerated individual in a State or local correctional facility shall be placed on a properly supervised program of methadone detoxification if:
# Md. Code Ann., GCS § 9-603(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a physician determines that the incarcerated individual is a person with an opioid use disorder;
# Md. Code Ann., GCS § 9-603(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the treatment is prescribed by a physician; and
# Md. Code Ann., GCS § 9-603(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the incarcerated individual consents in writing to the treatment.
# Md. Code Ann., GCS § 9-603(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 9-603(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each local correctional facility shall conduct an assessment of the mental health and substance use status of each incarcerated individual using evidence–based screenings and assessments, to determine:
# Md. Code Ann., GCS § 9-603(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
if the medical diagnosis of an opioid use disorder is appropriate; and
# Md. Code Ann., GCS § 9-603(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if medication–assisted treatment is appropriate.
# Md. Code Ann., GCS § 9-603(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If an assessment conducted under paragraph (1) of this subsection indicates opioid use disorder, an evaluation of the incarcerated individual shall be conducted by a health care practitioner with prescriptive authority authorized under Title 8, Title 14, or Title 15 of the Health Occupations Article.
# Md. Code Ann., GCS § 9-603(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Information shall be provided to the incarcerated individual describing medication options used in medication–assisted treatment.
# Md. Code Ann., GCS § 9-603(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Medication–assisted treatment shall be available to an incarcerated individual for whom such treatment is determined to be appropriate under this subsection.
# Md. Code Ann., GCS § 9-603(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Each local correctional facility shall make available at least one formulation of each FDA–approved full opioid agonist, partial opioid agonist, and long–acting opioid antagonist used for the treatment of opioid use disorders.
# Md. Code Ann., GCS § 9-603(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
Each pregnant woman identified with an opioid use disorder shall receive evaluation and be offered medication–assisted treatment as soon as practicable.
# Md. Code Ann., GCS § 9-603(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Each local correctional facility shall:
# Md. Code Ann., GCS § 9-603(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
following an assessment using clinical guidelines for medication–assisted treatment:
# Md. Code Ann., GCS § 9-603(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
make medication available by a qualified provider to the incarcerated individual; or
# Md. Code Ann., GCS § 9-603(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
begin withdrawal management services prior to administration of medication;
# Md. Code Ann., GCS § 9-603(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
make available and administer medications for the treatment of opioid use disorder;
# Md. Code Ann., GCS § 9-603(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
provide behavioral health counseling for incarcerated individuals diagnosed with opioid use disorder consistent with therapeutic standards for such therapies in a community setting;
# Md. Code Ann., GCS § 9-603(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
provide access to a health care practitioner who can provide access to all FDA–approved medications for the treatment of opioid use disorders; and
# Md. Code Ann., GCS § 9-603(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
provide on–premises access to peer recovery specialists.
# Md. Code Ann., GCS § 9-603(e)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
If an incarcerated individual received medication or medication–assisted treatment for opioid use disorder immediately preceding or during the incarcerated individual’s incarceration, a local correctional facility shall continue the treatment after incarceration or transfer unless:
# Md. Code Ann., GCS § 9-603(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the incarcerated individual voluntarily discontinues the treatment, verified through a written agreement that includes a signature; or
# Md. Code Ann., GCS § 9-603(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a health care practitioner determines that the treatment is no longer medically appropriate.
# Md. Code Ann., GCS § 9-603(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
Before the release of an incarcerated individual diagnosed with opioid use disorder under subsection (d) of this section, a local correctional facility shall develop a plan of reentry that:
# Md. Code Ann., GCS § 9-603(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
includes information regarding postincarceration access to medication continuity, peer recovery specialists, other supportive therapy, and enrollment in health insurance plans;
# Md. Code Ann., GCS § 9-603(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
includes any recommended referrals by a health care practitioner to medication continuity, peer recovery specialists, and other supportive therapy; and
# Md. Code Ann., GCS § 9-603(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
is reviewed and, if needed, revised by a health care practitioner or peer recovery specialist.
# Md. Code Ann., GCS § 9-603(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The procedures and standards used to determine substance use disorder diagnosis and treatment of incarcerated individuals are subject to the guidelines and regulations adopted by the Maryland Department of Health.
# Md. Code Ann., GCS § 9-603(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
As provided in the State budget, the State shall fund the program of opioid use disorder screening, evaluation, and treatment of incarcerated individuals as provided under this section.
# Md. Code Ann., GCS § 9-603(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
On or before November 1, 2020, and annually thereafter, the Governor’s Office of Crime Prevention and Policy shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
# Md. Code Ann., GCS § 9-603(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the number of incarcerated individuals diagnosed with:
# Md. Code Ann., GCS § 9-603(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a mental health disorder;
# Md. Code Ann., GCS § 9-603(j)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
an opioid use disorder;
# Md. Code Ann., GCS § 9-603(j)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a non–opioid substance use disorder; and
# Md. Code Ann., GCS § 9-603(j)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a dual diagnosis of mental health and substance use disorder;
# Md. Code Ann., GCS § 9-603(j)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the number and cost of assessments for incarcerated individuals in local correctional facilities, including the number of unique incarcerated individuals examined;
# Md. Code Ann., GCS § 9-603(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the number of incarcerated individuals who were receiving medication or medication–assisted treatment for opioid use disorder immediately prior to incarceration;
# Md. Code Ann., GCS § 9-603(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the type and prevalence of medication or medication–assisted treatments for opioid use disorder provided;
# Md. Code Ann., GCS § 9-603(j)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the number of incarcerated individuals diagnosed with opioid use disorder;
# Md. Code Ann., GCS § 9-603(j)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the number of incarcerated individuals for whom medication and medication–assisted treatment for opioid use disorder was prescribed;
# Md. Code Ann., GCS § 9-603(j)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
the number of incarcerated individuals for whom medication and medication–assisted treatment was prescribed and initiated for opioid use disorder;
# Md. Code Ann., GCS § 9-603(j)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
the number of medications and medication–assisted treatments for opioid use disorder provided according to each type of medication and medication– assisted treatment options;
# Md. Code Ann., GCS § 9-603(j)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
the number of incarcerated individuals who continued to receive the same medication or medication–assisted treatment for opioid use disorder as the incarcerated individual received prior to incarceration;
# Md. Code Ann., GCS § 9-603(j)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
the number of incarcerated individuals who received a different medication or medication–assisted treatment for opioid use disorder compared to what the incarcerated individual received prior to incarceration;
# Md. Code Ann., GCS § 9-603(j)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
the number of incarcerated individuals who initiated treatment with medication or medication–assisted treatment for opioid use disorder who were not being treated for opioid use disorder prior to incarceration;
# Md. Code Ann., GCS § 9-603(j)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
the number of incarcerated individuals who discontinued medication or medication–assisted treatment for opioid use disorder during incarceration;
# Md. Code Ann., GCS § 9-603(j)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(13)
a review and summary of the percent of days, including the average percent, median percent, mode percent, and interquartile range of percent, for incarcerated individuals with opioid use disorder receiving medication or medication–assisted treatment for opioid use disorder as calculated overall and stratified by other factors, such as type of treatment received;
# Md. Code Ann., GCS § 9-603(j)(13) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(14)
the number of incarcerated individuals receiving medication or medication–assisted treatment for opioid use disorder prior to release;
# Md. Code Ann., GCS § 9-603(j)(14) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(15)
the number of incarcerated individuals receiving medication or medication–assisted treatment prior to release for whom the facility had made a prerelease reentry plan;
# Md. Code Ann., GCS § 9-603(j)(15) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(16)
a review and summary of practices related to medication and medication–assisted treatment for opioid use disorder for incarcerated individuals with opioid use disorder before October 1, 2019;
# Md. Code Ann., GCS § 9-603(j)(16) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(17)
a review and summary of prerelease planning practices relative to incarcerated individuals diagnosed with opioid use disorder prior to, and following, October 1, 2019; and
# Md. Code Ann., GCS § 9-603(j)(17) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(18)
any other information requested by the Maryland Department of Health related to the administration of the provisions under this section.
# Md. Code Ann., GCS § 9-603(j)(18) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the Governor’s Office of Crime Prevention and Policy and also include any other data necessary to meet reporting requirements under this section.
# Md. Code Ann., GCS § 9-603(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-603 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–604
(a)
Subject to subsections (c) and (d) of this section, the State shall pay the funeral and burial expenses of an indigent incarcerated individual who dies while in the custody of a State correctional facility.
# Md. Code Ann., GCS § 9-604(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The State shall pay the same amount for the funeral and burial expenses of an indigent incarcerated individual as the Department of Human Services pays under § 5–415 of the Human Services Article.
# Md. Code Ann., GCS § 9-604(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
To be eligible to receive the benefit under this section, the family of an indigent incarcerated individual must be known or registered with the Department of Human Services.
# Md. Code Ann., GCS § 9-604(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If the body of an indigent incarcerated individual is not claimed within 48 hours after death, the State Anatomy Board shall take control of the body for final disposition in accordance with § 5–406 of the Health – General Article.
# Md. Code Ann., GCS § 9-604(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution shall adopt regulations establishing procedures to carry out this section.
# Md. Code Ann., GCS § 9-604(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-604 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–605
(a)
The estate of an individual who is sentenced to imprisonment in a correctional facility in the Division of Correction or is to be executed is liable:
# Md. Code Ann., GCS § 9-605(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
first, for payment of reparation to each person injured by the individual; and
# Md. Code Ann., GCS § 9-605(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
second, for expenses incurred by the State to apprehend, prosecute, convict, and remove the individual.
# Md. Code Ann., GCS § 9-605(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
To determine the amount of liability under subsection (a) of this section, the court in which the individual is convicted shall direct its clerk to certify to the managing official of the correctional facility the amount of reparation determined by the court and the costs incurred by the State in the prosecution and conviction of the individual.
# Md. Code Ann., GCS § 9-605(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The managing official shall maintain a record of the liability of the estate of the individual as certified by the clerk under subsection (b) of this section.
# Md. Code Ann., GCS § 9-605(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-605 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–606
(a)
This section applies to local correctional facilities and correctional facilities in the Division of Correction.
# Md. Code Ann., GCS § 9-606(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
On the recommendation of a health care provider, the managing official of a correctional facility or the managing official’s designee may authorize medical treatment of a juvenile incarcerated individual if:
# Md. Code Ann., GCS § 9-606(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in the judgment of the managing official or designee, the treatment is necessary; and
# Md. Code Ann., GCS § 9-606(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.
# Md. Code Ann., GCS § 9-606(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A managing official or designee may not be held liable for authorizing medically necessary treatment in good faith.
# Md. Code Ann., GCS § 9-606(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-606 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–607
At least once each year, the circuit court of each county shall charge its grand jury to:
(1)
inquire into the operation and management of each State correctional facility located in the county; and
# Md. Code Ann., GCS § 9-607(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
present a report of all offenses and omissions of any individual in or that relate to a State correctional facility.
# Md. Code Ann., GCS § 9-607(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-607 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–608
At least once each year, the grand jury in each county shall:
(1)
visit each local correctional facility in the county;
# Md. Code Ann., GCS § 9-608(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
inquire into the condition of the correctional facility, the manner in which it is maintained, and the treatment of incarcerated individuals; and
# Md. Code Ann., GCS § 9-608(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
report its findings to the circuit court of the county.
# Md. Code Ann., GCS § 9-608(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-608 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–609
(a)
Whenever a date of release from confinement in a State correctional facility is a Saturday, Sunday, or legal holiday, the incarcerated individual shall be released on the first preceding day that is not a Saturday, Sunday, or legal holiday.
# Md. Code Ann., GCS § 9-609(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Commissioner of Correction shall adopt regulations:
# Md. Code Ann., GCS § 9-609(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establishing a release plan for incarcerated individuals upon release from confinement in a State correctional facility to help identify resources to assist incarcerated individuals following release, including the provision of transportation from the facility for an incarcerated individual upon release; and
# Md. Code Ann., GCS § 9-609(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
implementing the provisions of § 9–609.1 of this subtitle concerning issuance of an identification card to incarcerated individuals on release from confinement in a State correctional facility.
# Md. Code Ann., GCS § 9-609(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-609 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–609.1
(a)
# Md. Code Ann., GCS § 9-609.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commissioner of Correction shall issue an identification card to an incarcerated individual before release from confinement in a State correctional facility.
# Md. Code Ann., GCS § 9-609.1(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The identification card issued under paragraph (1) of this subsection shall meet the requirements for secondary identification for the purpose of an identification card issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article.
# Md. Code Ann., GCS § 9-609.1(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-609.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 9-609.1(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in paragraph (3) of this subsection, on taking custody of an incarcerated individual sentenced to the Division of Correction, the Commissioner of Correction shall begin the process of obtaining the incarcerated individual’s birth certificate.
# Md. Code Ann., GCS § 9-609.1(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual’s birth certificate is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the birth certificate before release from confinement in a State correctional facility.
# Md. Code Ann., GCS § 9-609.1(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 9-609.1(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in paragraph (3) of this subsection, the Commissioner of Correction shall apply to the Social Security Administration to obtain an incarcerated individual’s Social Security card:
# Md. Code Ann., GCS § 9-609.1(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
at the earliest date possible in accordance with any memorandum of understanding between the Division of Correction and the Social Security Administration providing for the issuance of incarcerated individual Social Security cards; or
# Md. Code Ann., GCS § 9-609.1(b)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
as soon as is practicable.
# Md. Code Ann., GCS § 9-609.1(b)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual’s Social Security card is obtained under subparagraph (i) of this paragraph, the Commissioner of Correction shall provide the incarcerated individual with the Social Security card before release from confinement in a State correctional facility.
# Md. Code Ann., GCS § 9-609.1(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commissioner of Correction may not obtain a document under paragraph (1) or (2) of this subsection unless the incarcerated individual consents in writing to the Commissioner of Correction obtaining the document.
# Md. Code Ann., GCS § 9-609.1(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-609.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–610
If a provision of the Code imposes a penalty of 3 months of imprisonment, the period of 3 months shall be calculated to be 90 calendar days.
# Md. Code Ann., GCS § 9-610 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–611
(a)
An individual who is committed or detained, or another individual on that individual’s behalf, may demand a true copy of the warrant of commitment or detainer.
# Md. Code Ann., GCS § 9-611(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If an officer or other individual neglects or refuses to deliver a true copy of the warrant of commitment or detainer, if there is one, within 6 hours after the copy has been demanded, the officer or other individual shall forfeit $500 to the individual who is committed or detained.
# Md. Code Ann., GCS § 9-611(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The right of action to recover the forfeiture provided under this section or § 2-305 of the Courts Article survives the death of either party.
# Md. Code Ann., GCS § 9-611(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The provisions of subsections (b) and (c) of this section do not apply to the officials and employees of the Division of Correction and the Patuxent Institution.
# Md. Code Ann., GCS § 9-611(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-611 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–612
(a)
The Department or the managing official of a local correctional facility shall provide an incarcerated individual who has been sentenced to a term of incarceration in the Division of Correction or a term of at least 60 days in a local correctional facility and who has been diagnosed with a mental illness with access to a 30–day supply of medication for the mental illness on the release of the incarcerated individual.
# Md. Code Ann., GCS § 9-612(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Subsection (a) of this section does not apply to pretrial incarcerated individuals.
# Md. Code Ann., GCS § 9-612(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Part of the 30–day supply of medication provided under subsection (a) of this section may be provided by prescription if the incarcerated individual is provided sufficient medication on release that enables the incarcerated individual to remain medication–compliant until additional medication becomes available from filling the prescription.
# Md. Code Ann., GCS § 9-612(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
This section shall apply only if a treating physician determines that:
# Md. Code Ann., GCS § 9-612(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the released incarcerated individual’s possession of medication in the quantity prescribed is in the best interest of the incarcerated individual; and
# Md. Code Ann., GCS § 9-612(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
possession of the prescribed medication will not constitute a danger to the released incarcerated individual.
# Md. Code Ann., GCS § 9-612(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Department, an employee of the Department, a local correctional facility, an employee of a local correctional facility, or an agent of the Department or local correctional facility, including a physician or corporate entity providing medical services to incarcerated individuals on behalf of the Department or local correctional facility, may not be held liable under this section for issuing medication or a prescription for medication to an incarcerated individual on the incarcerated individual’s release notwithstanding that the released incarcerated individual:
# Md. Code Ann., GCS § 9-612(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is no longer under the care or supervision of the prescribing physician; and
# Md. Code Ann., GCS § 9-612(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may be without medical supervision for the period during which the medication has been administered.
# Md. Code Ann., GCS § 9-612(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-612 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–613
(a)
On or before July 1, 2010, the Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop a process to refer an incarcerated individual who has been diagnosed with hepatitis C to the Department of Human Services or the Maryland Department of Health for enrollment in the Maryland Medical Assistance Program or the Primary Adult Care Program on release of the incarcerated individual.
# Md. Code Ann., GCS § 9-613(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Department shall provide counseling to incarcerated individuals with hepatitis C on the management of hepatitis C and methods to reduce the transmission of hepatitis C.
# Md. Code Ann., GCS § 9-613(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Department, in collaboration with the Department of Human Services and the Maryland Department of Health, shall develop regulations to implement subsection (a) of this section.
# Md. Code Ann., GCS § 9-613(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-613 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–614
(a)
# Md. Code Ann., GCS § 9-614(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-614(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Correctional unit” has the meaning stated in § 2–401 of this article.
# Md. Code Ann., GCS § 9-614(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 9-614(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Restrictive housing” means a form of physical separation that has not been requested by the incarcerated individual in which the incarcerated individual is placed in a locked room or cell for approximately 22 hours or more out of a 24–hour period.
# Md. Code Ann., GCS § 9-614(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
“Restrictive housing” includes administrative segregation and disciplinary segregation.
# Md. Code Ann., GCS § 9-614(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 9-614(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On or before December 31 each year, each correctional unit shall submit data to the Governor’s Office of Crime Prevention and Policy showing, by correctional unit:
# Md. Code Ann., GCS § 9-614(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the total population of the correctional unit;
# Md. Code Ann., GCS § 9-614(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the number of incarcerated individuals who have been placed in restrictive housing during the preceding year by age, race, gender, classification of housing, and the basis for the incarcerated individual’s placement in restrictive housing;
# Md. Code Ann., GCS § 9-614(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the number of incarcerated individuals with serious mental illness that were placed in restrictive housing during the preceding year;
# Md. Code Ann., GCS § 9-614(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the definition of “serious mental illness” used by the correctional unit in making the report;
# Md. Code Ann., GCS § 9-614(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
the number of incarcerated individuals known to be pregnant when placed in restrictive housing during the preceding year;
# Md. Code Ann., GCS § 9-614(b)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
the average and median lengths of stay in restrictive housing of the incarcerated individuals placed in restrictive housing during the preceding year;
# Md. Code Ann., GCS § 9-614(b)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
the number of incidents of death, self–harm, and attempts at self–harm by incarcerated individuals in restrictive housing during the preceding year;
# Md. Code Ann., GCS § 9-614(b)(1)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
the number of incarcerated individuals released from restrictive housing directly into the community during the preceding year;
# Md. Code Ann., GCS § 9-614(b)(1)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ix)
any other data the correctional unit considers relevant to the use of restrictive housing by correctional facilities in the State; and
# Md. Code Ann., GCS § 9-614(b)(1)(ix) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(x)
any changes to written policies or procedures at each correctional unit relating to the use and conditions of restrictive housing, including steps to reduce reliance on restrictive housing.
# Md. Code Ann., GCS § 9-614(b)(1)(x) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Governor’s Office of Crime Prevention and Policy shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.
# Md. Code Ann., GCS § 9-614(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-614 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–614.1
(a)
In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
# Md. Code Ann., GCS § 9-614.1(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies to a facility operated by a correctional unit, as defined in § 2–401 of this article.
# Md. Code Ann., GCS § 9-614.1(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A minor may not be placed in restrictive housing unless the managing official of the facility finds by clear and convincing evidence that there is an immediate and substantial risk:
# Md. Code Ann., GCS § 9-614.1(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
of physical harm to the minor, other incarcerated individuals, or staff; or
# Md. Code Ann., GCS § 9-614.1(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
to the security of the facility.
# Md. Code Ann., GCS § 9-614.1(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A minor placed in restrictive housing shall be provided:
# Md. Code Ann., GCS § 9-614.1(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
daily physical and mental health assessments to determine whether the minor may be released from restrictive housing;
# Md. Code Ann., GCS § 9-614.1(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the same standard of access that is provided to incarcerated individuals not in restrictive housing to:
# Md. Code Ann., GCS § 9-614.1(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
phone calls;
# Md. Code Ann., GCS § 9-614.1(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
visits;
# Md. Code Ann., GCS § 9-614.1(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
mail;
# Md. Code Ann., GCS § 9-614.1(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
food;
# Md. Code Ann., GCS § 9-614.1(d)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
water;
# Md. Code Ann., GCS § 9-614.1(d)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
showers;
# Md. Code Ann., GCS § 9-614.1(d)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
sanitary supplies;
# Md. Code Ann., GCS § 9-614.1(d)(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
property, including clothing and bedding; and
# Md. Code Ann., GCS § 9-614.1(d)(2)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ix)
medical, mental, and dental health care; and
# Md. Code Ann., GCS § 9-614.1(d)(2)(ix) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
unless it would pose a risk of physical harm to the minor or another, maximized access to recreation, education, and programming.
# Md. Code Ann., GCS § 9-614.1(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
If a privilege or condition described in subsection (d) of this section is not provided to the minor, the managing official or the managing official’s designee shall record the reason in the minor’s file.
# Md. Code Ann., GCS § 9-614.1(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-614.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–614.2
(a)
In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.
# Md. Code Ann., GCS § 9-614.2(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
To the extent possible, the Commissioner of Correction may not prohibit an incarcerated individual placed in restrictive housing from having access to a reentry specialist or case manager within 180 days before the direct release of the incarcerated individual from a correctional facility to the community.
# Md. Code Ann., GCS § 9-614.2(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-614.2 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–615
(a)
This section applies to an incarcerated individual in a State or local correctional facility.
# Md. Code Ann., GCS § 9-615(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Department shall collect an incarcerated individual’s earnings.
# Md. Code Ann., GCS § 9-615(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
From an incarcerated individual’s earnings, the Department shall:
# Md. Code Ann., GCS § 9-615(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
if required by law, reimburse the county or State for the cost of providing food, lodging, and clothing to the incarcerated individual;
# Md. Code Ann., GCS § 9-615(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pay court ordered payments for support of dependents;
# Md. Code Ann., GCS § 9-615(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
pay court ordered payments for restitution; and
# Md. Code Ann., GCS § 9-615(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
pay compensation for victims of crime in accordance with subsection (d) of this section.
# Md. Code Ann., GCS § 9-615(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 9-615(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Of the earnings of an incarcerated individual in the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance, the Department shall withhold 20% for compensation for victims of crime, in accordance with the requirements of the Program.
# Md. Code Ann., GCS § 9-615(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 9-615(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
This paragraph applies to an incarcerated individual who is subject to an unsatisfied judgment of restitution.
# Md. Code Ann., GCS § 9-615(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual has earnings that are not covered under the provisions of paragraph (1) of this subsection, the Department shall withhold 25% for compensation for victims of crime until the judgment is satisfied.
# Md. Code Ann., GCS § 9-615(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 9-615(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If a court in a criminal or juvenile delinquency proceeding has ordered the incarcerated individual to pay restitution, the Department shall forward the money withheld under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 9-615(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Criminal Injuries Compensation Board shall distribute from the Criminal Injuries Compensation Fund any amount received under this paragraph to the person or governmental unit specified in the judgment of restitution to pay the restitution as required under § 11–607(b)(2) of the Criminal Procedure Article.
# Md. Code Ann., GCS § 9-615(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If the incarcerated individual is not subject to a judgment of restitution or the judgment of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the Department shall pay:
# Md. Code Ann., GCS § 9-615(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
50% into the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article; and
# Md. Code Ann., GCS § 9-615(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
50% into the State Victims of Crime Fund established under § 11–916 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 9-615(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Department shall:
# Md. Code Ann., GCS § 9-615(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
credit to the incarcerated individual’s account any balance that remains after paying the items in subsection (c)(1) through (4) of this section; and
# Md. Code Ann., GCS § 9-615(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pay the balance in the incarcerated individual’s account to the incarcerated individual within 15 days after the incarcerated individual is released.
# Md. Code Ann., GCS § 9-615(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-615 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–616
(a)
# Md. Code Ann., GCS § 9-616(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 9-616(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Commission” means the Maryland Commission on Correctional Standards.
# Md. Code Ann., GCS § 9-616(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Menstrual hygiene products” includes tampons and sanitary napkins for use in connection with the menstrual cycle.
# Md. Code Ann., GCS § 9-616(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies to local correctional facilities and correctional facilities in the Division of Correction.
# Md. Code Ann., GCS § 9-616(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 9-616(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each correctional facility shall have a written policy and procedure in place requiring menstrual hygiene products to be provided at no cost to a female incarcerated individual on:
# Md. Code Ann., GCS § 9-616(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
admission to the facility;
# Md. Code Ann., GCS § 9-616(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a routine basis; and
# Md. Code Ann., GCS § 9-616(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
request.
# Md. Code Ann., GCS § 9-616(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The managing official of a correctional facility shall ensure that the facility has a sufficient supply of menstrual hygiene products available to meet the needs of the incarcerated individual population at all times.
# Md. Code Ann., GCS § 9-616(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Commission shall establish standards regarding the proper disposal of menstrual hygiene products.
# Md. Code Ann., GCS § 9-616(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Each correctional facility shall maintain records on the provision and availability of menstrual hygiene products to incarcerated individuals.
# Md. Code Ann., GCS § 9-616(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The Commission shall review each correctional facility’s policy and records relating to menstrual hygiene products during regular inspections.
# Md. Code Ann., GCS § 9-616(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-616 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–617
Each local correctional facility shall develop and implement a policy for assisting incarcerated individuals to obtain identification cards issued by the Motor Vehicle Administration under § 12–301 of the Transportation Article either before or after release from confinement.
# Md. Code Ann., GCS § 9-617 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 9–618
(a)
On or before October 1, 2026, and each October 1 thereafter, the Department shall conduct a study on the location of individuals before and following incarceration in a State correctional facility and report the results of the study to the Senate Judicial Proceedings Committee, the Senate Budget and Taxation Committee, the House Judiciary Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article.
# Md. Code Ann., GCS § 9-618(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The study shall include:
# Md. Code Ann., GCS § 9-618(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
data on the county of residence of each individual released during the previous year, as reported by the individual on intake to the facility;
# Md. Code Ann., GCS § 9-618(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
data on the county of release following incarceration;
# Md. Code Ann., GCS § 9-618(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
for individuals who were transferred from one State correctional facility to another prior to release, the number of days that the transfer occurred before release; and
# Md. Code Ann., GCS § 9-618(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a comparison of:
# Md. Code Ann., GCS § 9-618(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the number of individuals released from a State correctional facility into the same county in which they resided prior to incarceration;
# Md. Code Ann., GCS § 9-618(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the number of individuals released from a State correctional facility into the same county in which conviction occurred; and
# Md. Code Ann., GCS § 9-618(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the number of individuals released from a State correctional facility into the county in which they were incarcerated at the time of release.
# Md. Code Ann., GCS § 9-618(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 9-618 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–101
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 10-101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Board” means the Board of Public Works.
# Md. Code Ann., GCS § 10-101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“State correctional facility” has the meaning stated in § 11–101 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 10-101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–102
(a)
The Department shall:
# Md. Code Ann., GCS § 10-102(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
advise the Board in connection with each engineering question or matter concerning construction of a State correctional facility;
# Md. Code Ann., GCS § 10-102(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
supervise each engineering question or matter concerning the design or construction of a State correctional facility;
# Md. Code Ann., GCS § 10-102(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
subject to subsection (b) of this section, approve each architectural and engineering design and service in connection with the construction of a State correctional facility; and
# Md. Code Ann., GCS § 10-102(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
examine and approve or disapprove each design, plan, and specification prepared in connection with the preparation or execution of a contract for construction of a State correctional facility.
# Md. Code Ann., GCS § 10-102(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Architectural and engineering services shall be procured as provided under Title 13, Subtitle 3 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 10-102(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–103
A contract, plan, design, or specification for construction of a State correctional facility that involves an engineering question is subject to the approval of the Secretary.
# Md. Code Ann., GCS § 10-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–104
(a)
The Department shall:
# Md. Code Ann., GCS § 10-104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
inspect and approve or disapprove the material, equipment, and methods used to construct a State correctional facility; and
# Md. Code Ann., GCS § 10-104(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
inspect the State correctional facility during the course of construction.
# Md. Code Ann., GCS § 10-104(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The duty of the Department under this section does not relieve an architect or engineer of a supervisory responsibility for which the architect or engineer is employed.
# Md. Code Ann., GCS § 10-104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–105
The Department shall:
(1)
represent the Board at the opening of bids for contracts related to construction of a State correctional facility;
# Md. Code Ann., GCS § 10-105(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
tabulate and record the bids; and
# Md. Code Ann., GCS § 10-105(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
advise the Board on the bids.
# Md. Code Ann., GCS § 10-105(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–106
Notwithstanding the provisions of §§ 4-310 through 4-315 of the State Finance and Procurement Article:
(1)
the purchase of all supplies, materials, and equipment for construction of a State correctional facility is subject to the approval of the Secretary;
# Md. Code Ann., GCS § 10-106(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
payment of an invoice for supplies, materials, or equipment that the Department purchases for construction of a State correctional facility may not occur until the Secretary or the Secretary’s designee approves the invoice; and
# Md. Code Ann., GCS § 10-106(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Secretary shall set standards that are consistent with the provisions of Division II of the State Finance and Procurement Article for the purchase of supplies, materials, and equipment by the Department for the construction of a State correctional facility.
# Md. Code Ann., GCS § 10-106(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–107
(a)
# Md. Code Ann., GCS § 10-107(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board may not approve a contract to construct or renovate a State correctional facility for the Department, if the construction or renovation will provide more than 3,400 beds in the Jessup area of Anne Arundel and Howard counties.
# Md. Code Ann., GCS § 10-107(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The total number of beds shall be computed as follows:
# Md. Code Ann., GCS § 10-107(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Jessup Pre–Release Unit (including new drug unit) 184;
# Md. Code Ann., GCS § 10-107(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Patuxent Institution 640;
# Md. Code Ann., GCS § 10-107(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Maryland Correctional Institution for Women 249;
# Md. Code Ann., GCS § 10-107(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
Brockbridge Correctional Facility 515;
# Md. Code Ann., GCS § 10-107(a)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
House of Correction, for renovation or replacements (512+500+400+400) 1,812; and
# Md. Code Ann., GCS § 10-107(a)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
Total 3,400.
# Md. Code Ann., GCS § 10-107(a)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The limitation established under this section does not apply to a community adult rehabilitation center.
# Md. Code Ann., GCS § 10-107(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–201
In this subtitle, “Office” means the Inmate Grievance Office.
# Md. Code Ann., GCS § 10-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–202
There is an Inmate Grievance Office in the Department.
# Md. Code Ann., GCS § 10-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–203
(a)
# Md. Code Ann., GCS § 10-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Governor, the Secretary shall appoint an Executive Director of the Office.
# Md. Code Ann., GCS § 10-203(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Executive Director serves at the pleasure of the Secretary.
# Md. Code Ann., GCS § 10-203(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Executive Director is entitled to the compensation provided in the State budget.
# Md. Code Ann., GCS § 10-203(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In accordance with the State budget, the Secretary may provide the Office with the administrative, secretarial, and clerical employees necessary for the efficient administration of the powers and duties of the Office.
# Md. Code Ann., GCS § 10-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–204
Subject to the approval of the Secretary, the Office may adopt regulations governing the conduct of its proceedings under this subtitle.
# Md. Code Ann., GCS § 10-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–205
(a)
The Office shall keep a record of all complaints submitted to the Office under this subtitle and the disposition of each complaint.
# Md. Code Ann., GCS § 10-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The record shall be open to public inspection during regular business hours.
# Md. Code Ann., GCS § 10-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–206
(a)
Subject to subsection (b) of this section, if an individual confined in a correctional facility in the Division of Correction, otherwise in the custody of the Commissioner of Correction, or confined in the Patuxent Institution has a grievance against an official or employee of the Division of Correction or the Patuxent Institution, the individual may submit a complaint to the Office within the time and in the manner required by regulations adopted by the Office.
# Md. Code Ann., GCS § 10-206(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If the Division of Correction or the Patuxent Institution has a grievance procedure applicable to the particular grievance of an individual described in subsection (a) of this section and the Office considers the procedure to be reasonable and fair, the Office, by regulation, may require that the procedure be exhausted before submission of a complaint to the Office.
# Md. Code Ann., GCS § 10-206(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–207
(a)
The Executive Director or the Director’s designee shall conduct a preliminary review of each complaint submitted to the Office.
# Md. Code Ann., GCS § 10-207(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-207(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After preliminary review, if the complaint is determined to be wholly lacking in merit on its face, the Executive Director or the Director’s designee may dismiss the complaint without a hearing or specific findings of fact.
# Md. Code Ann., GCS § 10-207(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-207(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The order of dismissal shall be forwarded to the complainant within 60 days after the complaint was submitted to the Office.
# Md. Code Ann., GCS § 10-207(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review.
# Md. Code Ann., GCS § 10-207(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-207(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After preliminary review, if the complaint is not found to be wholly lacking in merit on its face, the Office shall refer the complaint to the Office of Administrative Hearings.
# Md. Code Ann., GCS § 10-207(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Office of Administrative Hearings shall hold a hearing on the complaint as promptly as practicable.
# Md. Code Ann., GCS § 10-207(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-207 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–208
(a)
The Office of Administrative Hearings may conduct hearings under this subtitle at correctional facilities in the Division of Correction or at the Patuxent Institution.
# Md. Code Ann., GCS § 10-208(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
With the approval of the Secretary, the Office of Administrative Hearings shall have access to documentary evidence of any person or facility that is the subject of an investigation or proceeding under this subtitle:
# Md. Code Ann., GCS § 10-208(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
at all reasonable times; and
# Md. Code Ann., GCS § 10-208(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
for the purpose of examining and copying the evidence.
# Md. Code Ann., GCS § 10-208(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-208(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Office of Administrative Hearings may issue subpoenas requiring:
# Md. Code Ann., GCS § 10-208(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the attendance and testimony of witnesses; and
# Md. Code Ann., GCS § 10-208(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the production of documentary evidence relating to any matter under investigation.
# Md. Code Ann., GCS § 10-208(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The administrative law judge presiding at a hearing may administer oaths.
# Md. Code Ann., GCS § 10-208(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A record of the testimony presented at the hearing shall be kept in accordance with regulations adopted by the Office of Administrative Hearings.
# Md. Code Ann., GCS § 10-208(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 10-208(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The complainant has the right to appear before the Office of Administrative Hearings and to be represented by an attorney of the complainant’s choice at the complainant’s expense.
# Md. Code Ann., GCS § 10-208(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-208(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The complainant shall have the opportunity to call a reasonable number of witnesses depending on the circumstances and the nature of the complaint, subject to the discretion of the Office of Administrative Hearings and the Inmate Grievance Office as to the relevance of the testimony and questions and the number of witnesses sought to be called.
# Md. Code Ann., GCS § 10-208(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The complainant shall have a reasonable opportunity to question any witness who testifies before the Office of Administrative Hearings.
# Md. Code Ann., GCS § 10-208(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The rights of the complainant under this subsection may not be unreasonably withheld or restricted by the Office of Administrative Hearings or the Inmate Grievance Office.
# Md. Code Ann., GCS § 10-208(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-208 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–209
(a)
# Md. Code Ann., GCS § 10-209(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Promptly after the hearing on a complaint, the Office of Administrative Hearings shall issue a decision in the form of an order.
# Md. Code Ann., GCS § 10-209(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The order shall include a statement of the findings of fact, the conclusions of law, and the disposition of the complaint under subsection (b) of this section.
# Md. Code Ann., GCS § 10-209(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-209(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 10-209(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If the Office of Administrative Hearings dismisses the complaint as wholly lacking in merit, it promptly shall forward an order of dismissal to the complainant.
# Md. Code Ann., GCS § 10-209(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review.
# Md. Code Ann., GCS § 10-209(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Office of Administrative Hearings concludes that the complaint is wholly or partly meritorious, it promptly shall forward a proposed order to the Secretary.
# Md. Code Ann., GCS § 10-209(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-209(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 15 days after receiving a proposed order under subsection (b)(2) of this section, the Secretary shall issue an order affirming, reversing, or modifying the order of the Office of Administrative Hearings, or remanding the complaint to the Office of Administrative Hearings for further proceedings.
# Md. Code Ann., GCS § 10-209(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary may take any action the Secretary considers appropriate in light of the findings of the Office of Administrative Hearings, including ordering the appropriate official to accept as a whole or in part the recommendation of the Office of Administrative Hearings.
# Md. Code Ann., GCS § 10-209(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 10-209(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Secretary’s order shall be forwarded promptly to the complainant.
# Md. Code Ann., GCS § 10-209(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Unless the complaint is remanded, the Secretary’s order constitutes the final decision for purposes of judicial review.
# Md. Code Ann., GCS § 10-209(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-209 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–210
(a)
A court may not consider an individual’s grievance that is within the jurisdiction of the Office or the Office of Administrative Hearings unless the individual has exhausted the remedies provided in this subtitle.
# Md. Code Ann., GCS § 10-210(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-210(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The complainant is entitled to judicial review of the final decision of the Secretary under § 10–207(b)(2)(ii) or § 10–209(b)(1)(ii) or (c)(3)(ii) of this subtitle.
# Md. Code Ann., GCS § 10-210(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Proceedings for review shall be instituted in the circuit court of the county in which the complainant is confined.
# Md. Code Ann., GCS § 10-210(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Review by the court shall be limited to:
# Md. Code Ann., GCS § 10-210(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a review of the record of the proceedings before the Office and the Office of Administrative Hearings and any order issued by the Secretary following those proceedings; and
# Md. Code Ann., GCS § 10-210(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a determination of whether the complainant’s rights under federal or State law were violated.
# Md. Code Ann., GCS § 10-210(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-210(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrative Procedure Act does not apply to appellate review of a final judgment of the circuit court under this section.
# Md. Code Ann., GCS § 10-210(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A party aggrieved by the decision of the circuit court may file an application for leave to appeal to the Appellate Court of Maryland in accordance with the Maryland Rules.
# Md. Code Ann., GCS § 10-210(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-210 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–301
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 10-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Board” means the Sundry Claims Board.
# Md. Code Ann., GCS § 10-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Permanent partial disability” has the same meaning given under Title 9, Subtitle 6, Part IV of the Labor and Employment Article.
# Md. Code Ann., GCS § 10-301(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Permanent total disability” has the same meaning given under Title 9, Subtitle 6, Part V of the Labor and Employment Article.
# Md. Code Ann., GCS § 10-301(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–302
There is a Sundry Claims Board in the Department.
# Md. Code Ann., GCS § 10-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–303
(a)
The Board consists of the following three members:
# Md. Code Ann., GCS § 10-303(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Secretary of Public Safety and Correctional Services, or the Secretary’s representative;
# Md. Code Ann., GCS § 10-303(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary of Budget and Management, or the Secretary’s representative; and
# Md. Code Ann., GCS § 10-303(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Comptroller, or the Comptroller’s representative.
# Md. Code Ann., GCS § 10-303(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Governor shall designate one member of the Board as chairperson and another member as secretary of the Board.
# Md. Code Ann., GCS § 10-303(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The chairperson may call a meeting of the Board.
# Md. Code Ann., GCS § 10-303(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Each member of the Board is entitled to reimbursement of expenses under the Standard State Travel Regulations, as provided in the State budget.
# Md. Code Ann., GCS § 10-303(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–304
The Board shall administer benefits as provided under this subtitle to an individual who, while an incarcerated individual in the Patuxent Institution, the Baltimore City Detention Center, or a correctional facility in the Division of Correction:
(1)
was engaged in work for which wages or a stipulated sum of money was paid by a correctional facility; and
# Md. Code Ann., GCS § 10-304(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
sustained a permanent partial disability or permanent total disability:
# Md. Code Ann., GCS § 10-304(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
as a result of a personal injury arising out of and in the course of work for which wages or a stipulated sum of money was paid by a correctional facility; and
# Md. Code Ann., GCS § 10-304(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
that incapacitated the individual or materially reduced the individual’s earning power in that type of work.
# Md. Code Ann., GCS § 10-304(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–305
(a)
# Md. Code Ann., GCS § 10-305(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An injured incarcerated individual may file a claim for compensation against the State under this subtitle with the Board.
# Md. Code Ann., GCS § 10-305(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Board may receive original papers representing a claim even if the State has not appropriated money to pay the claim.
# Md. Code Ann., GCS § 10-305(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An injured incarcerated individual shall file a claim with the Board by the later of:
# Md. Code Ann., GCS § 10-305(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
12 months after being released from the correctional facility; or
# Md. Code Ann., GCS § 10-305(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
24 months after the date of injury.
# Md. Code Ann., GCS § 10-305(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Board shall file and properly designate each claim by number, short title, or both.
# Md. Code Ann., GCS § 10-305(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–306
(a)
With respect to any claim, a member of the Board may:
# Md. Code Ann., GCS § 10-306(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
administer oaths; and
# Md. Code Ann., GCS § 10-306(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
issue subpoenas to compel:
# Md. Code Ann., GCS § 10-306(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the attendance of witnesses; and
# Md. Code Ann., GCS § 10-306(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the production of pertinent records or documents.
# Md. Code Ann., GCS § 10-306(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Board may petition a circuit court for an order of contempt against a person who refuses to:
# Md. Code Ann., GCS § 10-306(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
comply with a subpoena issued by a Board member;
# Md. Code Ann., GCS § 10-306(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
comply with a request by a Board member to be sworn to an oath; or
# Md. Code Ann., GCS § 10-306(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
answer as a witness before the Board.
# Md. Code Ann., GCS § 10-306(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-306 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–307
(a)
# Md. Code Ann., GCS § 10-307(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board shall investigate each claim filed under § 10–305 of this subtitle.
# Md. Code Ann., GCS § 10-307(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After its investigation, the Board shall:
# Md. Code Ann., GCS § 10-307(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
approve the claim;
# Md. Code Ann., GCS § 10-307(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
approve the claim subject to conditions and limitations; or
# Md. Code Ann., GCS § 10-307(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
disapprove the claim.
# Md. Code Ann., GCS § 10-307(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Board shall append to the original papers representing the claim a concise written statement of the facts developed in the proceedings on which its approval, conditional or limited approval, or disapproval is based.
# Md. Code Ann., GCS § 10-307(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-307(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Board shall file the original papers representing the claim and all appended documents in the office of the Secretary.
# Md. Code Ann., GCS § 10-307(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-307(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Board shall send a copy of the original papers representing the claim and all appended documents to:
# Md. Code Ann., GCS § 10-307(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the Comptroller; and
# Md. Code Ann., GCS § 10-307(c)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the Secretary of Budget and Management.
# Md. Code Ann., GCS § 10-307(c)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Comptroller and the Secretary of Budget and Management shall keep a record of the documents sent by the Secretary under subparagraph (i) of this paragraph.
# Md. Code Ann., GCS § 10-307(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The original papers representing the claim and all appended documents constitute a permanent claims record.
# Md. Code Ann., GCS § 10-307(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-307 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–308
(a)
In determining what compensation, if any, to allow a claimant, the Board shall consider:
# Md. Code Ann., GCS § 10-308(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the good faith of the claimant;
# Md. Code Ann., GCS § 10-308(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the possibility that the alleged injury was self–inflicted or not accidental;
# Md. Code Ann., GCS § 10-308(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the extent and nature of the injury;
# Md. Code Ann., GCS § 10-308(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the degree of disability;
# Md. Code Ann., GCS § 10-308(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
the period of disability or incapacity for other work; and
# Md. Code Ann., GCS § 10-308(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
the ordinary earning power of the claimant.
# Md. Code Ann., GCS § 10-308(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-308(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Governor shall include money to pay a claim that is approved by the Board in the State budget for the fiscal year that follows the fiscal year in which the Board approves the claim.
# Md. Code Ann., GCS § 10-308(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Board shall pay to the claimant or the claimant’s representative any compensation approved by the Board and included in the State budget.
# Md. Code Ann., GCS § 10-308(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The compensation authorized under this subtitle is the exclusive remedy against the State for a claim that falls within the jurisdiction of the Board.
# Md. Code Ann., GCS § 10-308(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An incarcerated individual working under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program:
# Md. Code Ann., GCS § 10-308(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is excluded from the jurisdiction of the Board; and
# Md. Code Ann., GCS § 10-308(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
shall be administered benefits as provided under Title 9 of the Labor and Employment Article.
# Md. Code Ann., GCS § 10-308(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-308 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–309
(a)
# Md. Code Ann., GCS § 10-309(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A claimant aggrieved by a final determination of the Board may file a petition for judicial review in the circuit court of the county where the injury occurred or where the claimant resides.
# Md. Code Ann., GCS § 10-309(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Board may be a party to the action.
# Md. Code Ann., GCS § 10-309(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The circuit court may:
# Md. Code Ann., GCS § 10-309(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
affirm the Board’s determination;
# Md. Code Ann., GCS § 10-309(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
reverse or modify a determination it finds to be arbitrary or unreasonable; or
# Md. Code Ann., GCS § 10-309(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
remand the case and direct the Board to consider the matter further or make additional findings of fact.
# Md. Code Ann., GCS § 10-309(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The claimant or the Board may appeal a decision of the circuit court to the Appellate Court of Maryland.
# Md. Code Ann., GCS § 10-309(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-309 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–310
Subject to the approval of the Secretary, the Board may adopt regulations governing claims filed under this subtitle.
# Md. Code Ann., GCS § 10-310 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–401
In this subtitle, “committee” means a citizens’ advisory committee established under this subtitle.
# Md. Code Ann., GCS § 10-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–402
There is a citizens’ advisory committee for the State correctional facilities located in or planned for location in each of the following areas:
(1)
Baltimore City;
# Md. Code Ann., GCS § 10-402(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Cumberland;
# Md. Code Ann., GCS § 10-402(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Hagerstown;
# Md. Code Ann., GCS § 10-402(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Jessup; and
# Md. Code Ann., GCS § 10-402(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Somerset County.
# Md. Code Ann., GCS § 10-402(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–403
(a)
Except as provided in subsection (f)(1) of this section, a committee consists of the following seven members:
# Md. Code Ann., GCS § 10-403(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
one member appointed by the Governor and nominated by the Senator of the legislative district in which the State correctional facilities are located or planned for location;
# Md. Code Ann., GCS § 10-403(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
three members appointed by the Governor, each one nominated by a different Delegate in the legislative district in which the State correctional facilities are located or planned for location; and
# Md. Code Ann., GCS § 10-403(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee.
# Md. Code Ann., GCS § 10-403(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Governor shall appoint each individual nominated by a Senator or Delegate for a vacancy on a committee within 60 days after receipt of the nominee’s name.
# Md. Code Ann., GCS § 10-403(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-403(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each member nominated by a Senator or Delegate must be a resident of the legislative district in which the State correctional facilities are located or planned for location.
# Md. Code Ann., GCS § 10-403(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each member appointed by the Governor under subsection (a)(3) of this section, must be a resident of the county in which the State correctional facilities are located or planned for location.
# Md. Code Ann., GCS § 10-403(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 10-403(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in subsection (f)(3) of this section and except for the initial appointments to a committee, the term of a member is 3 years.
# Md. Code Ann., GCS § 10-403(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The terms of members are staggered as required by the terms provided for members of the committee on October 1, 1999.
# Md. Code Ann., GCS § 10-403(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 10-403(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
# Md. Code Ann., GCS § 10-403(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
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.
# Md. Code Ann., GCS § 10-403(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 10-403(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In Somerset County, the committee consists of the following eight members:
# Md. Code Ann., GCS § 10-403(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
one member appointed by the Governor and nominated by the Senator from Legislative District 38;
# Md. Code Ann., GCS § 10-403(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
three members appointed by the Governor, each one nominated by a different Delegate from Legislative District 38;
# Md. Code Ann., GCS § 10-403(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
three members appointed by the Governor to provide, to the extent possible, legal, law enforcement, and business representatives on the committee; and
# Md. Code Ann., GCS § 10-403(f)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
a Somerset County Commissioner appointed by the Board of County Commissioners of Somerset County.
# Md. Code Ann., GCS § 10-403(f)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each member of the committee must be a resident of Somerset County.
# Md. Code Ann., GCS § 10-403(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The term of the Somerset County Commissioner appointed under paragraph (1)(iv) of this subsection is equal to the Commissioner’s elected term.
# Md. Code Ann., GCS § 10-403(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–404
(a)
From among its members, each committee shall elect a chairperson.
# Md. Code Ann., GCS § 10-404(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The manner of election shall be as each committee determines.
# Md. Code Ann., GCS § 10-404(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–405
(a)
A majority of the members then serving on a committee is a quorum.
# Md. Code Ann., GCS § 10-405(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-405(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each committee shall meet at least once every 3 months.
# Md. Code Ann., GCS § 10-405(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The meetings of each committee shall be held:
# Md. Code Ann., GCS § 10-405(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
in a State correctional facility in a space designated by the managing official of the facility; or
# Md. Code Ann., GCS § 10-405(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if a State correctional facility is being planned, in a location accessible to the members of the committee.
# Md. Code Ann., GCS § 10-405(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A member of a committee may not receive compensation.
# Md. Code Ann., GCS § 10-405(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–406
The Department shall provide staff to a committee in accordance with the State budget.
# Md. Code Ann., GCS § 10-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–407
A committee may:
(1)
report to the Commissioner of Correction and the Governor about the concerns of the people who reside in the vicinity of each State correctional facility assigned to the committee;
# Md. Code Ann., GCS § 10-407(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be available to interpret programs and problems relating to each State correctional facility assigned to the committee to the people who reside in the vicinity of each facility; and
# Md. Code Ann., GCS § 10-407(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
perform other services and responsibilities considered necessary.
# Md. Code Ann., GCS § 10-407(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-407 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–501
In this subtitle, “fund” means an incarcerated individual welfare fund established under § 10–502 of this subtitle.
# Md. Code Ann., GCS § 10-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–502
(a)
There is an incarcerated individual welfare fund in each State correctional facility.
# Md. Code Ann., GCS § 10-502(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A fund may be used only for goods and services that benefit the general incarcerated individual population as defined by regulations that the Department adopts.
# Md. Code Ann., GCS § 10-502(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–503
(a)
# Md. Code Ann., GCS § 10-503(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
# Md. Code Ann., GCS § 10-503(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-503(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Each fund consists of:
# Md. Code Ann., GCS § 10-503(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions; and
# Md. Code Ann., GCS § 10-503(a)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
subject to subparagraph (ii) of this paragraph, money received from other sources.
# Md. Code Ann., GCS § 10-503(a)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Money from the General Fund of the State may not be transferred by budget amendment or otherwise to a fund.
# Md. Code Ann., GCS § 10-503(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Treasurer shall separately hold and the Comptroller shall account for each fund.
# Md. Code Ann., GCS § 10-503(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Each fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.
# Md. Code Ann., GCS § 10-503(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-503(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each fund shall be invested and reinvested in the same manner as other State funds.
# Md. Code Ann., GCS § 10-503(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Any investment earnings are not a part of the fund.
# Md. Code Ann., GCS § 10-503(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–504
The Comptroller shall pay out money from each fund as approved in the State budget.
# Md. Code Ann., GCS § 10-504 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–601
(a)
As used in this section, “facility” means a correctional facility of any kind for adults or juveniles.
# Md. Code Ann., GCS § 10-601(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Another state may not begin construction or otherwise locate a facility in this State unless the other state submits a written request for approval to construct or locate the facility to and receives approval from:
# Md. Code Ann., GCS § 10-601(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
# Md. Code Ann., GCS § 10-601(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary of Juvenile Services, in the case of a facility for juveniles.
# Md. Code Ann., GCS § 10-601(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-601(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Secretary of Public Safety and Correctional Services may approve or disapprove a request for approval to construct or locate a facility for adults in this State.
# Md. Code Ann., GCS § 10-601(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary of Juvenile Services may approve or disapprove a request for approval to construct or locate a facility for juveniles in this State.
# Md. Code Ann., GCS § 10-601(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Approval or disapproval shall be:
# Md. Code Ann., GCS § 10-601(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
after consultation with the Governor, the governing body of the county in which the facility will be located, and the community in which the facility will be located; and
# Md. Code Ann., GCS § 10-601(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
in accordance with applicable standards concerning the location of facilities.
# Md. Code Ann., GCS § 10-601(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If another state has an existing facility in this State, the other state may not increase the incarcerated individual population of that facility by more than 5% unless the other state first submits a written request for the increase to and receives approval for the increase from:
# Md. Code Ann., GCS § 10-601(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Secretary of Public Safety and Correctional Services, in the case of a facility for adults; or
# Md. Code Ann., GCS § 10-601(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Secretary of Juvenile Services, in the case of a facility for juveniles.
# Md. Code Ann., GCS § 10-601(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–701
(a)
# Md. Code Ann., GCS § 10-701(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
There is an Intelligence and Investigative Division in the Department.
# Md. Code Ann., GCS § 10-701(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall appoint the Director of the Intelligence and Investigative Division.
# Md. Code Ann., GCS § 10-701(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to the authority of the Secretary, the Intelligence and Investigative Division shall:
# Md. Code Ann., GCS § 10-701(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
investigate:
# Md. Code Ann., GCS § 10-701(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
alleged criminal violations committed by employees of the Department while on duty;
# Md. Code Ann., GCS § 10-701(a)(3)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
alleged criminal violations committed by incarcerated individuals, visitors, and other individuals that affect the safety or security of the Department’s facilities or programs; and
# Md. Code Ann., GCS § 10-701(a)(3)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
alleged professional misconduct by employees of the Department;
# Md. Code Ann., GCS § 10-701(a)(3)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the conduct of its investigations; and
# Md. Code Ann., GCS § 10-701(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
oversee and coordinate all intelligence efforts within the Department.
# Md. Code Ann., GCS § 10-701(a)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is owned, leased, operated by, or under the control of the Department.
# Md. Code Ann., GCS § 10-701(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-701(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is not owned, leased, operated by, or under the control of the Department when:
# Md. Code Ann., GCS § 10-701(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
engaged in fresh pursuit of a suspected offender;
# Md. Code Ann., GCS § 10-701(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
requested or authorized to do so by the chief executive officer or chief police officer of a county;
# Md. Code Ann., GCS § 10-701(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Department;
# Md. Code Ann., GCS § 10-701(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
necessary to investigate and protect property that is owned, leased, operated by, or under the control of the Department;
# Md. Code Ann., GCS § 10-701(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
engaged in an active and official investigation of the conduct of an employee of the Department when the employee’s alleged conduct will compromise the safety or security of the Department’s facilities or programs;
# Md. Code Ann., GCS § 10-701(c)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
engaged in an active and official investigation of an incarcerated individual in the custody of the Commissioner of Correction or the Commissioner of Pretrial Detention and Services, an incarcerated individual subject to the jurisdiction of the Patuxent Institution, or an individual sentenced to probation or released on parole or mandatory supervision; or
# Md. Code Ann., GCS § 10-701(c)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
ordered to do so by the Governor.
# Md. Code Ann., GCS § 10-701(c)(1)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
When acting under the authority granted in this subsection in connection with an investigation or enforcement action, the Intelligence and Investigative Division shall notify the following persons:
# Md. Code Ann., GCS § 10-701(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
when in an incorporated municipality, the chief of police, if any, or the chief’s designee;
# Md. Code Ann., GCS § 10-701(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
when in a county that has a county police department, the chief of police or the chief’s designee;
# Md. Code Ann., GCS § 10-701(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
when in a county without a police department, the sheriff or the sheriff’s designee;
# Md. Code Ann., GCS § 10-701(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
when in Baltimore City, the Police Commissioner or the Police Commissioner’s designee;
# Md. Code Ann., GCS § 10-701(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
when on any property owned, leased, operated by, or under the control of the Department of Natural Resources, the Secretary of Natural Resources or the Secretary’s designee;
# Md. Code Ann., GCS § 10-701(c)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
when on any property owned, leased, operated by, or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, the respective chief of police or the chief’s designee; and
# Md. Code Ann., GCS § 10-701(c)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
unless there is an agreement otherwise with the Department of State Police, the Department of State Police barrack commander or designee.
# Md. Code Ann., GCS § 10-701(c)(2)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The notification required under paragraph (2) of this subsection shall be made:
# Md. Code Ann., GCS § 10-701(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
in advance, if practicable; or
# Md. Code Ann., GCS § 10-701(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if advance notification is not practicable, as soon as possible after the exercise of the powers.
# Md. Code Ann., GCS § 10-701(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
When acting under the authority granted in this subsection, a member of the Intelligence and Investigative Division shall have all the immunities from liability and exemptions as that of a State Police officer in addition to any other immunities and exemptions to which the member may otherwise be entitled.
# Md. Code Ann., GCS § 10-701(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
A member of the Intelligence and Investigative Division who uses the authority granted in this subsection shall at all times and for all purposes remain an employee of the Intelligence and Investigative Division.
# Md. Code Ann., GCS § 10-701(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An individual who is employed as an investigator in the Intelligence and Investigative Division shall meet the minimum qualifications required and satisfactorily complete the training prescribed by the Maryland Police Training and Standards Commission.
# Md. Code Ann., GCS § 10-701(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–702
(a)
# Md. Code Ann., GCS § 10-702(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 10-702(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Offender” has the meaning stated in § 6–101 of this article.
# Md. Code Ann., GCS § 10-702(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Program” has the meaning stated in § 6–101 of this article.
# Md. Code Ann., GCS § 10-702(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
There is a Warrant Apprehension Unit in the Intelligence and Investigative Division.
# Md. Code Ann., GCS § 10-702(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Director of the Intelligence and Investigative Division may authorize employees of the Warrant Apprehension Unit of the Intelligence and Investigative Division to:
# Md. Code Ann., GCS § 10-702(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
execute warrants for the retaking of offenders;
# Md. Code Ann., GCS § 10-702(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
execute warrants for the arrest of probationers for whom a warrant is issued for an alleged violation of probation;
# Md. Code Ann., GCS § 10-702(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
obtain and execute search warrants as authorized under § 6–109 of this article; and
# Md. Code Ann., GCS § 10-702(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
arrest offenders in the program as authorized under § 2–207 of the Criminal Procedure Article.
# Md. Code Ann., GCS § 10-702(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
An Intelligence and Investigative Division employee who is authorized to make arrests under this section shall:
# Md. Code Ann., GCS § 10-702(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and
# Md. Code Ann., GCS § 10-702(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
# Md. Code Ann., GCS § 10-702(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An Intelligence and Investigative Division employee who is authorized to make arrests under this section may also exercise the powers of a peace officer and police officer.
# Md. Code Ann., GCS § 10-702(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-702 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–801
(a)
In this section:
# Md. Code Ann., GCS § 10-801(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“contraband” means any item, material, substance, or other thing of value that:
# Md. Code Ann., GCS § 10-801(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is not authorized for incarcerated individual possession by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility; or
# Md. Code Ann., GCS § 10-801(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is brought into a State correctional facility in a manner prohibited by the Commissioner of Correction, the Director of Patuxent Institution, the Commissioner of Pretrial Detention and Services, or the warden of a State correctional facility; and
# Md. Code Ann., GCS § 10-801(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“contraband” includes any other property defined in regulations by the Commissioner of Correction, the Director of Patuxent Institution, or the Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 10-801(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-801(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A State correctional facility shall hold for 30 days any personal property of an incarcerated individual that comes into the possession of any official or employee of the State correctional facility:
# Md. Code Ann., GCS § 10-801(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
as the result of an escape by the incarcerated individual; or
# Md. Code Ann., GCS § 10-801(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
because the personal property has been unclaimed by an incarcerated individual who has the right to its possession.
# Md. Code Ann., GCS § 10-801(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
During the 30–day holding period, the State correctional facility shall post notice in a conspicuous location in the State correctional facility.
# Md. Code Ann., GCS § 10-801(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The State correctional facility shall deliver personal property being held by the State correctional facility to an incarcerated individual if:
# Md. Code Ann., GCS § 10-801(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the property is claimed within the 30–day holding period;
# Md. Code Ann., GCS § 10-801(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual satisfactorily establishes a right to possession of the property; and
# Md. Code Ann., GCS § 10-801(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the incarcerated individual gives a proper receipt for the property.
# Md. Code Ann., GCS § 10-801(b)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-801(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commissioner of Correction, the Director of the Patuxent Institution, and the Commissioner of Pretrial Detention and Services shall adopt regulations:
# Md. Code Ann., GCS § 10-801(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
to define what property constitutes contraband in State correctional facilities;
# Md. Code Ann., GCS § 10-801(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
to establish procedures for the confiscation of contraband by staff of State correctional facilities; and
# Md. Code Ann., GCS § 10-801(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
to establish procedures governing hearings on the issue of forfeiture of confiscated property.
# Md. Code Ann., GCS § 10-801(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-801(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in paragraph (3) of this subsection, an incarcerated individual whose property is confiscated as contraband shall be notified of the right to have the property removed from the State correctional facility or sent to a person outside the State correctional facility at the incarcerated individual’s expense.
# Md. Code Ann., GCS § 10-801(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual fails to have property removed from or sent outside the State correctional facility within 30 days after receipt of notice of confiscation, the property shall be deemed abandoned property under subsection (d)(2) and (3) of this section.
# Md. Code Ann., GCS § 10-801(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 10-801(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Property confiscated as contraband may be subject to forfeiture.
# Md. Code Ann., GCS § 10-801(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Property may not be forfeited under subparagraph (i) of this paragraph, unless, prior to forfeiture, the State correctional facility provides notice to the incarcerated individual:
# Md. Code Ann., GCS § 10-801(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
that the property has been confiscated; and
# Md. Code Ann., GCS § 10-801(c)(3)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
of the right to a hearing on the issue of forfeiture.
# Md. Code Ann., GCS § 10-801(c)(3)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
A hearing on a disciplinary infraction may include the adjudication of any issue of forfeiture of confiscated property.
# Md. Code Ann., GCS § 10-801(c)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 10-801(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Personal property that is unclaimed within the 30–day holding period established under subsection (b) of this section shall be deemed abandoned property.
# Md. Code Ann., GCS § 10-801(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Abandoned property may be sold, converted to the use of the Division of Correction, the Patuxent Institution, or the Division of Pretrial Detention and Services, or otherwise disposed of in accordance with procedures established by regulation.
# Md. Code Ann., GCS § 10-801(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
All claims to abandoned property are absolutely barred.
# Md. Code Ann., GCS § 10-801(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 10-801(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
This section does not create or recognize any cause, action, or defense or abridge any immunity of the Department or any of its units, officials, or employees.
# Md. Code Ann., GCS § 10-801(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This section does not affect the authority of State correctional facilities to seize and dispose of personal property that is contraband per se in accordance with applicable law without a hearing.
# Md. Code Ann., GCS § 10-801(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-801 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–901
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 10-901(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Appointing authority” has the meaning stated in § 1–101 of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 10-901(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Correctional officer” means an employee of the Department working in a State correctional facility who serves in the classification of correctional officer II, sergeant, lieutenant, captain, or major, and includes:
# Md. Code Ann., GCS § 10-901(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a correctional dietary officer;
# Md. Code Ann., GCS § 10-901(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a correctional maintenance officer;
# Md. Code Ann., GCS § 10-901(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
a correctional laundry officer;
# Md. Code Ann., GCS § 10-901(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
a correctional recreation officer; and
# Md. Code Ann., GCS § 10-901(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
a correctional supply officer.
# Md. Code Ann., GCS § 10-901(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 10-901(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence, or a contested case proceeding before the Office of Administrative Hearings, elected by the correctional officer.
# Md. Code Ann., GCS § 10-901(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Hearing” does not include an interrogation at which no testimony is taken under oath.
# Md. Code Ann., GCS § 10-901(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Hearing board” means a hearing board that is authorized under § 10–908 of this subtitle to hold a hearing on a complaint against a correctional officer.
# Md. Code Ann., GCS § 10-901(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Intelligence and Investigative Division” means the Intelligence and Investigative Division established under § 10–701 of this title.
# Md. Code Ann., GCS § 10-901(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
“Misconduct” means:
# Md. Code Ann., GCS § 10-901(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
engaging in intentional behavior, without justification, that injures another person, causes damage to property, or threatens the safety of the workplace;
# Md. Code Ann., GCS § 10-901(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
engaging in unjustifiably offensive conduct toward fellow employees, incarcerated individuals, or the public;
# Md. Code Ann., GCS § 10-901(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
using excessive force in the treatment or care of an incarcerated individual;
# Md. Code Ann., GCS § 10-901(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
possessing or trafficking in contraband at a Department facility;
# Md. Code Ann., GCS § 10-901(g)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
being on duty while under the influence of alcohol or a controlled dangerous substance, or while engaged in the illegal use of a prescription drug;
# Md. Code Ann., GCS § 10-901(g)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
engaging in a social, personal, intimate, or sexual relationship with an incarcerated individual;
# Md. Code Ann., GCS § 10-901(g)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
stealing State property with a value of $300 or less;
# Md. Code Ann., GCS § 10-901(g)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;
# Md. Code Ann., GCS § 10-901(g)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
willfully making a false official statement or report;
# Md. Code Ann., GCS § 10-901(g)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(10)
violating a lawful order or failing to obey a lawful order given by a superior;
# Md. Code Ann., GCS § 10-901(g)(10) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(11)
engaging in any of the actions that are cause for automatic termination of employment under § 11–105 of the State Personnel and Pensions Article; or
# Md. Code Ann., GCS § 10-901(g)(11) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(12)
committing any violation of the Department’s Standards of Conduct.
# Md. Code Ann., GCS § 10-901(g)(12) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-901 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–902
(a)
The purpose of this subtitle is to establish exclusive procedures for the investigation and discipline of a correctional officer for alleged misconduct.
# Md. Code Ann., GCS § 10-902(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The disciplinary actions authorized under this subtitle are those authorized under §§ 11–104 and 11–105 of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 10-902(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-902 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–903
(a)
Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State law, including § 11–106 of the State Personnel and Pensions Article, that conflict with this subtitle to the extent of the conflict.
# Md. Code Ann., GCS § 10-903(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This subtitle does not limit the authority of the appointing authority to regulate the competent and effective operation and management of a State correctional facility by reasonable means including the transfer and reassignment of employees if:
# Md. Code Ann., GCS § 10-903(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
that action is not punitive in nature; and
# Md. Code Ann., GCS § 10-903(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the appointing authority determines that action to be in the best interests of the internal management of the correctional facility.
# Md. Code Ann., GCS § 10-903(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-903 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–904
(a)
A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless the disclosure is required by federal or State law or the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s duties.
# Md. Code Ann., GCS § 10-904(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A correctional officer may not be discharged, disciplined, or demoted, denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
# Md. Code Ann., GCS § 10-904(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
has exercised or demanded the rights granted by this subtitle; or
# Md. Code Ann., GCS § 10-904(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has lawfully exercised constitutional rights.
# Md. Code Ann., GCS § 10-904(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The right of a correctional officer to bring suit arising out of the correctional officer’s duties as a correctional officer may not be abridged by rule, regulation, or policy.
# Md. Code Ann., GCS § 10-904(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A correctional officer may waive any or all of the rights under this subtitle if:
# Md. Code Ann., GCS § 10-904(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the waiver is signed and acknowledged by the correctional officer; and
# Md. Code Ann., GCS § 10-904(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the waiver is given after the correctional officer is given an opportunity to consult with legal counsel selected by the correctional officer or a representative from the correctional officer’s employee organization.
# Md. Code Ann., GCS § 10-904(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-904 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–905
(a)
The investigation or interrogation by the appointing authority or by the Intelligence and Investigative Division of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
# Md. Code Ann., GCS § 10-905(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The investigating officer or interrogating officer shall be a member of the Intelligence and Investigative Division or a designee of the appointing authority.
# Md. Code Ann., GCS § 10-905(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-905(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At least 24 hours before an interrogation, the correctional officer under investigation shall be informed of the name, rank, and command of:
# Md. Code Ann., GCS § 10-905(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the person in charge of the investigation;
# Md. Code Ann., GCS § 10-905(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the interrogating officer; and
# Md. Code Ann., GCS § 10-905(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
each individual who will be present during the interrogation.
# Md. Code Ann., GCS § 10-905(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At least 24 hours before an interrogation, the correctional officer under investigation shall be informed in writing by the appointing authority of:
# Md. Code Ann., GCS § 10-905(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the nature of the investigation; and
# Md. Code Ann., GCS § 10-905(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the correctional officer’s rights under this subtitle.
# Md. Code Ann., GCS § 10-905(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If the correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the correctional officer shall be informed completely of the correctional officer’s constitutional rights before the interrogation begins.
# Md. Code Ann., GCS § 10-905(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
# Md. Code Ann., GCS § 10-905(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The interrogation shall take place at:
# Md. Code Ann., GCS § 10-905(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the appointing authority’s office;
# Md. Code Ann., GCS § 10-905(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the appointing authority’s conference room; or
# Md. Code Ann., GCS § 10-905(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
another reasonable and appropriate place.
# Md. Code Ann., GCS § 10-905(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 10-905(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
All questions directed to the correctional officer under interrogation shall be asked by one person during any one session of interrogation.
# Md. Code Ann., GCS § 10-905(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each session of interrogation shall allow for personal necessities and rest periods as reasonably necessary.
# Md. Code Ann., GCS § 10-905(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The correctional officer under interrogation may not be threatened with criminal prosecution, transfer, dismissal, or disciplinary action.
# Md. Code Ann., GCS § 10-905(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 10-905(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If requested by or on behalf of the correctional officer under investigation, the correctional officer may not be questioned or interrogated, and any current questioning or interrogation must cease, unless:
# Md. Code Ann., GCS § 10-905(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 10-905(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the correctional officer is represented by legal counsel selected by the correctional officer;
# Md. Code Ann., GCS § 10-905(i)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the correctional officer is represented by an agent of the exclusive representative of the correctional officer designated under § 3–406 of the State Personnel and Pensions Article; or
# Md. Code Ann., GCS § 10-905(i)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
the correctional officer chooses an agent of the employee organization selected by the correctional officer for an investigation under this subtitle if the correctional officer is not within the bargaining unit for which an exclusive representative is designated; and
# Md. Code Ann., GCS § 10-905(i)(1)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the legal counsel or the agent selected by the correctional officer is present and available for consultation at all times during the interrogation.
# Md. Code Ann., GCS § 10-905(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-905(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Subject to subparagraph (ii) of this paragraph, if representation is not available, the interrogation shall be suspended until representation is obtained.
# Md. Code Ann., GCS § 10-905(i)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
A suspension of interrogation under subparagraph (i) of this paragraph may not exceed 10 days unless the appointing authority, for good cause shown, extends the period for obtaining representation.
# Md. Code Ann., GCS § 10-905(i)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
During the interrogation, the correctional officer’s counsel or representative may:
# Md. Code Ann., GCS § 10-905(i)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
request a recess at any time to consult with the correctional officer;
# Md. Code Ann., GCS § 10-905(i)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
object to any question posed; and
# Md. Code Ann., GCS § 10-905(i)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
state on the record outside the presence of the correctional officer the reason for the objection.
# Md. Code Ann., GCS § 10-905(i)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 10-905(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A complete record shall be kept of the entire interrogation, including all recess periods.
# Md. Code Ann., GCS § 10-905(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The record shall be made by electronic equipment or by a stenographer.
# Md. Code Ann., GCS § 10-905(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
On completion of the investigation, and on request of the correctional officer or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be provided within 5 days of the request.
# Md. Code Ann., GCS § 10-905(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
# Md. Code Ann., GCS § 10-905(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The person assigned to conduct the investigation may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
# Md. Code Ann., GCS § 10-905(k)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the appointing authority may commence an action that may lead to discipline as a result of the refusal.
# Md. Code Ann., GCS § 10-905(k)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If a correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
# Md. Code Ann., GCS § 10-905(k)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
# Md. Code Ann., GCS § 10-905(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the correctional officer is ordered to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in a hearing board or an administrative hearing unless the appointing authority and the correctional officer agree to the admission of the results.
# Md. Code Ann., GCS § 10-905(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
# Md. Code Ann., GCS § 10-905(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
# Md. Code Ann., GCS § 10-905(l)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the counsel or representative is allowed to observe the administration of the examination; and
# Md. Code Ann., GCS § 10-905(l)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
# Md. Code Ann., GCS § 10-905(l)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
On completion of an investigation and at least 20 days before a hearing, the correctional officer under investigation shall be:
# Md. Code Ann., GCS § 10-905(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
notified of the name of each witness and of each charge and specification against the correctional officer; and
# Md. Code Ann., GCS § 10-905(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s counsel or representative agree to execute a confidentiality agreement with the appointing authority or the Intelligence and Investigative Division not to disclose any material contained in the investigatory file or exculpatory information for any purpose other than to defend the correctional officer.
# Md. Code Ann., GCS § 10-905(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
A person may not insert adverse material into a file of the correctional officer, except the file of the Intelligence and Investigative Division, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
# Md. Code Ann., GCS § 10-905(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-905 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–906
(a)
A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order to show cause why the right should not be granted.
# Md. Code Ann., GCS § 10-906(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The correctional officer may apply for the show cause order:
# Md. Code Ann., GCS § 10-906(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
either individually or through the correctional officers’ exclusive bargaining representative who shall have standing for that purpose; and
# Md. Code Ann., GCS § 10-906(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at any time before the beginning of a hearing by the hearing board.
# Md. Code Ann., GCS § 10-906(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-906 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–907
(a)
The appointing authority may not bring charges recommending the imposition of discipline more than 90 days after the Intelligence and Investigative Division or the appointing authority acquires knowledge of the action that gives rise to the discipline.
# Md. Code Ann., GCS § 10-907(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The 90–day limitation established under subsection (a) of this section does not apply to charges that relate to criminal activity if the criminal activity:
# Md. Code Ann., GCS § 10-907(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
relates to the correctional officer’s official duties;
# Md. Code Ann., GCS § 10-907(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
arises from events that occur at a correctional facility; or
# Md. Code Ann., GCS § 10-907(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
involves an incarcerated individual or detainee at a correctional facility.
# Md. Code Ann., GCS § 10-907(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
An appointing authority may not recommend disciplinary action against a correctional officer for excessive use of force against an incarcerated individual based solely on the uncorroborated statement of the incarcerated individual unless the appointing authority determines that there exists any indicia of reliability to support the incarcerated individual’s allegation.
# Md. Code Ann., GCS § 10-907(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
This section does not limit the right of the Department to investigate claims of excessive force against incarcerated individuals to ensure the safety and security of its correctional facilities, or for any other legitimate purpose.
# Md. Code Ann., GCS § 10-907(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-907 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–908
(a)
If the appointing authority brings charges recommending discipline against a correctional officer, the charges shall contain:
# Md. Code Ann., GCS § 10-908(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
a statement of facts and offenses alleged; and
# Md. Code Ann., GCS § 10-908(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
notice of the correctional officer’s appeal rights.
# Md. Code Ann., GCS § 10-908(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The appointing authority shall provide the charges and notice required under subsection (a)(2) of this section to the correctional officer and to the correctional officer’s legal counsel or the agent of the employee organization selected by the correctional officer under § 10–907 of this subtitle.
# Md. Code Ann., GCS § 10-908(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
On receiving charges which recommend termination, demotion, or suspension without pay of 10 days or greater, a correctional officer may:
# Md. Code Ann., GCS § 10-908(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
file an appeal under § 11–109 of the State Personnel and Pensions Article; or
# Md. Code Ann., GCS § 10-908(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
within 15 days after receiving the charges, file a request for a hearing by a hearing board.
# Md. Code Ann., GCS § 10-908(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If a correctional officer receives charges which recommend discipline other than termination, demotion, or suspension without pay of 10 days or greater, before the appointing authority takes action on the discipline, the correctional officer may appeal only under § 11–109 of the State Personnel and Pensions Article.
# Md. Code Ann., GCS § 10-908(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An emergency suspension is not subject to appeal.
# Md. Code Ann., GCS § 10-908(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An action which does not constitute discipline under § 11–107 of the State Personnel and Pensions Article is not subject to appeal.
# Md. Code Ann., GCS § 10-908(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-908 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–909
(a)
A correctional officer who has been charged with a felony may request a stay of all charges and proceedings under this section until after a verdict has been reached in the felony case.
# Md. Code Ann., GCS § 10-909(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.
# Md. Code Ann., GCS § 10-909(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-909(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 10-909(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The hearing board authorized under this section shall consist of at least three members.
# Md. Code Ann., GCS § 10-909(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
For correctional officers holding the rank of sergeant or below, the hearing board shall be composed of two correctional officers who are members of the bargaining unit, one of whom is the same rank as the correctional officer facing charges, and one correctional officer ranked lieutenant or higher.
# Md. Code Ann., GCS § 10-909(c)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
For correctional officers holding the rank of lieutenant and above, the hearing board shall be composed of one correctional officer of equal rank, one correctional officer of equal or lower rank, and one correctional officer of equal or higher rank.
# Md. Code Ann., GCS § 10-909(c)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Correctional officers assigned to serve on a hearing board shall be randomly selected from a rotating list of correctional officers eligible to serve on disciplinary hearing boards maintained by the Department.
# Md. Code Ann., GCS § 10-909(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Department, after consultation with the exclusive representative for the correctional officers who are covered by this subtitle, shall determine:
# Md. Code Ann., GCS § 10-909(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the manner of selection of correctional officers who are eligible to serve on a rotating list; and
# Md. Code Ann., GCS § 10-909(c)(1)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the manner of the selection of correctional officers for a hearing board.
# Md. Code Ann., GCS § 10-909(c)(1)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
Correctional officers assigned to serve on a hearing board shall be from a facility other than the facility to which the correctional officer facing charges is regularly assigned, and may not have had a role in the investigation or the interrogation of the correctional officer against whom the charges are filed, or be involved in any way with the incidents that are the subject of the complaint.
# Md. Code Ann., GCS § 10-909(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
# Md. Code Ann., GCS § 10-909(c)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
The highest ranking member of the hearing board shall serve as the hearing board chair.
# Md. Code Ann., GCS § 10-909(c)(1)(v)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
The chair of the hearing board:
# Md. Code Ann., GCS § 10-909(c)(1)(v)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(A.)
shall participate in any deliberations; but
# Md. Code Ann., GCS § 10-909(c)(1)(v)(A.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(B.)
may only vote on the decision in the event of a tie; and
# Md. Code Ann., GCS § 10-909(c)(1)(v)(B.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(C.)
may file a statement of position for the record.
# Md. Code Ann., GCS § 10-909(c)(1)(v)(C.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
The chair of the hearing board shall be from a different facility than the other board members.
# Md. Code Ann., GCS § 10-909(c)(1)(v)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
The appointing authority and the exclusive bargaining representative may negotiate an alternative method of forming the hearing board for members of the collective bargaining unit.
# Md. Code Ann., GCS § 10-909(c)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 10-909(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Decisions of the hearing board shall be by majority vote of all members of the board.
# Md. Code Ann., GCS § 10-909(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The votes of the hearing board are confidential, and decisions shall be reported by the chair.
# Md. Code Ann., GCS § 10-909(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 10-909(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In connection with a disciplinary hearing, the hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents as relevant or necessary.
# Md. Code Ann., GCS § 10-909(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
# Md. Code Ann., GCS § 10-909(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each party may request the hearing board to issue a subpoena or order under this subtitle.
# Md. Code Ann., GCS § 10-909(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
In case of refusal to obey a subpoena served under this subsection, the parties to the proceeding may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the documents sought.
# Md. Code Ann., GCS § 10-909(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
On a finding that the attendance and testimony of the witness or the production of the documents sought is relevant or necessary, the court may:
# Md. Code Ann., GCS § 10-909(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
issue without cost an order that requires the attendance and testimony of witnesses or the production of documents; and
# Md. Code Ann., GCS § 10-909(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
impose punishment for failure to obey the order.
# Md. Code Ann., GCS § 10-909(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 10-909(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing shall be conducted by the hearing board.
# Md. Code Ann., GCS § 10-909(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give the Department and correctional officer ample opportunity to present evidence and argument about the issues involved.
# Md. Code Ann., GCS § 10-909(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 10-909(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The correctional facility and correctional officer may be represented by legal counsel they each may select.
# Md. Code Ann., GCS § 10-909(e)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
In the alternative, a correctional officer may be represented:
# Md. Code Ann., GCS § 10-909(e)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
by an agent of the exclusive representative of the correctional officer designated under § 3–406 of the State Personnel and Pensions Article; or
# Md. Code Ann., GCS § 10-909(e)(3)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
if the correctional officer is not within the bargaining unit for which an exclusive representative is designated under § 3–406 of the State Personnel and Pensions Article, by any person chosen by the correctional officer.
# Md. Code Ann., GCS § 10-909(e)(3)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Each party has the right to cross–examine witnesses who testify, and each party may submit rebuttal evidence.
# Md. Code Ann., GCS § 10-909(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 10-909(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
# Md. Code Ann., GCS § 10-909(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
# Md. Code Ann., GCS § 10-909(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each record or document that a party desires to use shall be offered and made a part of the record.
# Md. Code Ann., GCS § 10-909(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
# Md. Code Ann., GCS § 10-909(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 10-909(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing board may take notice of:
# Md. Code Ann., GCS § 10-909(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
judicially and administratively cognizable facts; and
# Md. Code Ann., GCS § 10-909(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
general, technical, or scientific facts within its specialized knowledge.
# Md. Code Ann., GCS § 10-909(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall:
# Md. Code Ann., GCS § 10-909(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
notify each party of the facts so noticed either before or during the hearing or by reference in preliminary reports or otherwise; and
# Md. Code Ann., GCS § 10-909(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
give each party an opportunity and reasonable time to contest the facts so noticed.
# Md. Code Ann., GCS § 10-909(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The hearing board may use its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
# Md. Code Ann., GCS § 10-909(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The officiating member of a hearing board shall administer oaths or affirmations and examine individuals under oath.
# Md. Code Ann., GCS § 10-909(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 10-909(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A correctional officer shall be granted release time from the correctional officer’s normal work schedule to attend a conference or hearing as a witness.
# Md. Code Ann., GCS § 10-909(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Expenses incurred in connection with attendance by a correctional officer at conferences or hearings, whether as a grievant, as a grievant’s representative, or as a witness, shall be borne by the Department.
# Md. Code Ann., GCS § 10-909(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
An official record, including testimony and exhibits, shall be kept of the hearing.
# Md. Code Ann., GCS § 10-909(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
To the extent that any provision of this section is inconsistent with the Administrative Procedure Act, the Administrative Procedure Act shall govern.
# Md. Code Ann., GCS § 10-909(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-909 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–910
(a)
# Md. Code Ann., GCS § 10-910(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A decision, order, or action taken as a result of a hearing under § 10–909 of this subtitle shall be in writing and accompanied by findings of fact.
# Md. Code Ann., GCS § 10-910(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The findings of fact shall consist of a concise statement on each issue in the case.
# Md. Code Ann., GCS § 10-910(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A finding of not guilty by the hearing board terminates the action.
# Md. Code Ann., GCS § 10-910(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The hearing board may make a finding of guilty on a preponderance of the evidence that establishes that the correctional officer engaged in misconduct on any of the charges.
# Md. Code Ann., GCS § 10-910(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The hearing board shall make a separate finding of guilty or not guilty as to each offense alleged.
# Md. Code Ann., GCS § 10-910(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
If the hearing board makes a finding of guilt, the hearing board shall:
# Md. Code Ann., GCS § 10-910(a)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reconvene the hearing;
# Md. Code Ann., GCS § 10-910(a)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
receive evidence; and
# Md. Code Ann., GCS § 10-910(a)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
consider the correctional officer’s past job performance, the relation of the contemplated disciplinary action to any prior disciplinary action, and other relevant mitigating information as factors before deciding a penalty.
# Md. Code Ann., GCS § 10-910(a)(6)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The hearing board shall recommend the penalty it considers appropriate under the circumstances, including disciplinary suspension without pay, demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
# Md. Code Ann., GCS § 10-910(a)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
For the purposes of this subsection, performance–based offenses shall be considered one type of offense and attendance–based offenses shall be considered another type of offense.
# Md. Code Ann., GCS § 10-910(a)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(9)
A copy of the decision or order, findings of fact, conclusions, and a written determination of penalty shall be delivered or mailed promptly to:
# Md. Code Ann., GCS § 10-910(a)(9) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the correctional officer and the correctional officer’s counsel or representative of record;
# Md. Code Ann., GCS § 10-910(a)(9)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the appointing authority of the correctional facility; and
# Md. Code Ann., GCS § 10-910(a)(9)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the Secretary.
# Md. Code Ann., GCS § 10-910(a)(9)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-910(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 30 days after receipt of the recommendations of the hearing board, the appointing authority shall:
# Md. Code Ann., GCS § 10-910(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
review the findings, conclusions, and recommendations of the hearing board; and
# Md. Code Ann., GCS § 10-910(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
issue a final order.
# Md. Code Ann., GCS § 10-910(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The final order and decision of the appointing authority is binding, but may be appealed in accordance with § 10–911 of this subtitle.
# Md. Code Ann., GCS § 10-910(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The recommendation of a penalty by the hearing board is not binding on the appointing authority.
# Md. Code Ann., GCS § 10-910(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The appointing authority shall consider the correctional officer’s past job performance and the relation of the contemplated disciplinary action to any prior disciplinary action before imposing a penalty.
# Md. Code Ann., GCS § 10-910(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Before terminating a correctional officer under this subsection, the appointing authority shall obtain approval from the Secretary.
# Md. Code Ann., GCS § 10-910(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
With the approval of the Secretary, the appointing authority may increase the recommended penalty of the hearing board if the appointing authority:
# Md. Code Ann., GCS § 10-910(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reviews the entire record of the proceedings of the hearing board;
# Md. Code Ann., GCS § 10-910(b)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets with the correctional officer and allows the correctional officer to be heard on the record;
# Md. Code Ann., GCS § 10-910(b)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
at least 10 days before the meeting, discloses and provides in writing to the correctional officer any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
# Md. Code Ann., GCS § 10-910(b)(6)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
states on the record the substantial evidence on which the appointing authority relied to support the increase of the recommended penalty.
# Md. Code Ann., GCS § 10-910(b)(6)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-910(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Correctional Training Commission may revoke the certification of a correctional officer in conjunction with disciplinary action taken under this subtitle.
# Md. Code Ann., GCS § 10-910(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a hearing board rescinds or modifies a disciplinary action against a correctional officer, the hearing board may reinstate the correctional officer’s certification with no further examination or condition.
# Md. Code Ann., GCS § 10-910(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-910 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–911
(a)
An appeal from a decision made under § 10–910 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7–202.
# Md. Code Ann., GCS § 10-911(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A party aggrieved by a decision of a court under this subtitle may appeal to the Appellate Court of Maryland.
# Md. Code Ann., GCS § 10-911(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-911 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–912
(a)
On request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
# Md. Code Ann., GCS § 10-912(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Intelligence and Investigative Division that investigated the complaint:
# Md. Code Ann., GCS § 10-912(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
exonerated the correctional officer of all charges in the complaint; or
# Md. Code Ann., GCS § 10-912(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
determined that the charges were unsustained or unfounded; or
# Md. Code Ann., GCS § 10-912(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty.
# Md. Code Ann., GCS § 10-912(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
There is no time requirement for expungement under paragraph (1) of this subsection.
# Md. Code Ann., GCS § 10-912(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-912 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 10–913
(a)
This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority.
# Md. Code Ann., GCS § 10-913(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 10-913(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The appointing authority may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, the public, and the correctional facility.
# Md. Code Ann., GCS § 10-913(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the correctional officer is suspended with pay, the appointing authority may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:
# Md. Code Ann., GCS § 10-913(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a determination by a court with respect to a criminal violation; or
# Md. Code Ann., GCS § 10-913(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation.
# Md. Code Ann., GCS § 10-913(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A correctional officer who is suspended under this subsection is entitled to a prompt hearing.
# Md. Code Ann., GCS § 10-913(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 10-913(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The appointing authority may impose an emergency suspension of correctional powers without pay if:
# Md. Code Ann., GCS § 10-913(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a correctional officer is charged with a felony;
# Md. Code Ann., GCS § 10-913(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a correctional officer is charged with a violation of § 9–415, § 9–416, or § 9–417 of the Criminal Law Article; or
# Md. Code Ann., GCS § 10-913(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a correctional officer is charged with a violation of § 9–412 of the Criminal Law Article involving contraband that is:
# Md. Code Ann., GCS § 10-913(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
money or a money equivalent; or
# Md. Code Ann., GCS § 10-913(c)(1)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
an item or substance intended to cause physical injury.
# Md. Code Ann., GCS § 10-913(c)(1)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing, held no more than 90 days after the suspension.
# Md. Code Ann., GCS § 10-913(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Except as provided in paragraph (4) of this subsection, a correctional officer who is suspended under paragraph (1) of this subsection and who is not convicted of the felony or misdemeanor for which the suspension was imposed shall have:
# Md. Code Ann., GCS § 10-913(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the suspension rescinded; and
# Md. Code Ann., GCS § 10-913(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
any lost time, compensation, status, and benefits restored.
# Md. Code Ann., GCS § 10-913(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Paragraph (3) of this subsection does not apply to a correctional officer who:
# Md. Code Ann., GCS § 10-913(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
resigns before the disposition of the criminal matter for which the suspension was imposed; or
# Md. Code Ann., GCS § 10-913(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is no longer employed by the Department when a determination is made by a court with respect to the criminal matter for which the suspension was imposed.
# Md. Code Ann., GCS § 10-913(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 10-913 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–101
Except as provided in § 11-102.1 of this subtitle, this subtitle does not apply to Baltimore City.
# Md. Code Ann., GCS § 11-101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–102
(a)
The governing body of one or more counties may establish and maintain a local correctional facility.
# Md. Code Ann., GCS § 11-102(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-102(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The governing bodies of two or more counties may enter into a written agreement with each other as to allocation of responsibility, construction, operation, maintenance, and appointment of personnel in connection with a local correctional facility.
# Md. Code Ann., GCS § 11-102(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The State may be a party to an agreement under this subsection.
# Md. Code Ann., GCS § 11-102(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–102.1
A municipal corporation or Baltimore City may not establish a local correctional facility outside its corporate limits unless it has obtained approval from the governing body of the county in which the local correctional facility is proposed to be established.
# Md. Code Ann., GCS § 11-102.1 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–103
(a)
The managing official of a local correctional facility is responsible for the safekeeping and care of each incarcerated individual or other individual detained in or sentenced to the local correctional facility from the time the incarcerated individual or individual is lawfully detained in or committed to the local correctional facility until discharged, released, or withdrawn under a court order or other lawful authority.
# Md. Code Ann., GCS § 11-103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except when an incarcerated individual or other individual is lawfully assigned to a local correctional facility operated by more than one county, this section does not affect the powers and duties of the sheriff of a county with respect to the safekeeping and custody of an incarcerated individual or other individual.
# Md. Code Ann., GCS § 11-103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–104
(a)
This section applies except as provided in § 11-105 of this subtitle.
# Md. Code Ann., GCS § 11-104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a county or counties determine to construct or maintain a local correctional facility, the county or counties may apply to the Secretary for financial assistance for the construction or enlargement of the local correctional facility.
# Md. Code Ann., GCS § 11-104(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The applicant shall provide information in the form required by the Secretary, including:
# Md. Code Ann., GCS § 11-104(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the program and plans for construction; and
# Md. Code Ann., GCS § 11-104(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the rehabilitation and training programs to be instituted.
# Md. Code Ann., GCS § 11-104(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If the Secretary approves a construction plan under this section, the State shall pay the same share as that provided for jail construction or rehabilitation.
# Md. Code Ann., GCS § 11-104(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Secretary may receive a grant of funds from the federal government or any other public or private foundation or agency for the purposes designated in this section.
# Md. Code Ann., GCS § 11-104(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-104(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to the provisions of paragraph (2) of this subsection, if a county that maintains, operates, or participates in a local correctional facility provides for improvements to the local correctional facility that are required as the result of the adoption of mandatory or approved standards, the Board of Public Works shall make provision for the State to pay 50% of the costs of the construction or improvements.
# Md. Code Ann., GCS § 11-104(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The plans and costs for construction or improvements under this section shall be subject to approval by:
# Md. Code Ann., GCS § 11-104(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Secretary;
# Md. Code Ann., GCS § 11-104(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Division of Correction;
# Md. Code Ann., GCS § 11-104(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the Department of General Services; and
# Md. Code Ann., GCS § 11-104(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the Department of Budget and Management.
# Md. Code Ann., GCS § 11-104(e)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–105
(a)
If the Secretary determines that the anticipated confinement of incarcerated individuals who are serving sentences of more than 6 months but not exceeding 12 months in a county’s local correctional facility would exceed the capacity of the local correctional facility, a county may apply to the Secretary for financial assistance for the construction of a new or enlarged existing local correctional facility.
# Md. Code Ann., GCS § 11-105(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
For the purpose of anticipating incarcerated individual confinement under subsection (a) of this section, the Secretary annually shall review and study each county’s local correctional facility population in conjunction with data relevant to patterns of:
# Md. Code Ann., GCS § 11-105(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
sentencing;
# Md. Code Ann., GCS § 11-105(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
geographic distribution of incarcerated individuals; and
# Md. Code Ann., GCS § 11-105(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the rates of growth in the number of incarcerated individuals sentenced to more than 6 months but not exceeding 12 months as compared to the number similarly sentenced before January 1, 1988.
# Md. Code Ann., GCS § 11-105(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-105(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to the State budget appropriation process and in accordance with this section, if a county applies for financial assistance under subsection (a) of this section and a county’s construction plan is approved by the Secretary under this section, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
# Md. Code Ann., GCS § 11-105(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a new local correctional facility; or
# Md. Code Ann., GCS § 11-105(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
enlargement of an existing local correctional facility.
# Md. Code Ann., GCS § 11-105(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a county’s construction plan is disapproved by the Secretary, the county may appeal to the Board of Public Works.
# Md. Code Ann., GCS § 11-105(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to the State budget appropriation process, if a county applies for financial assistance under subsection (a) of this section and the Board of Public Works approves the construction plan, the State shall pay 100% of the approved costs of acquisition, construction, architectural and engineering services, and capital equipment for:
# Md. Code Ann., GCS § 11-105(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a new local correctional facility; or
# Md. Code Ann., GCS § 11-105(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
enlargement of an existing local correctional facility.
# Md. Code Ann., GCS § 11-105(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The plans and costs for construction or enlargement of a local correctional facility by a county under this section are subject to:
# Md. Code Ann., GCS § 11-105(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the procedures followed by State units for requested capital projects; and
# Md. Code Ann., GCS § 11-105(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
approval by the Secretary.
# Md. Code Ann., GCS § 11-105(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–106
(a)
On approving local correctional facility plans that require State financial assistance, the Secretary shall enter into a written contract with the county or counties involved setting forth the rights, powers, duties, and responsibilities of all parties.
# Md. Code Ann., GCS § 11-106(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The contract may provide for the housing and rehabilitation in a local correctional facility of incarcerated individuals sentenced to State correctional facilities under conditions agreed on by all parties.
# Md. Code Ann., GCS § 11-106(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Secretary may not approve a contract unless the contract provides:
# Md. Code Ann., GCS § 11-106(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
for a periodic review of the facilities and rehabilitation and training programs of the local correctional facility by the Maryland Commission on Correctional Standards; and
# Md. Code Ann., GCS § 11-106(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
that the local correctional facility is in substantial compliance with the minimum mandatory standards described in § 8–103(a) of this article.
# Md. Code Ann., GCS § 11-106(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
In the absence of any contract, court order, or consent decree, incarcerated individuals sentenced to the jurisdiction of the Division of Correction may not be housed in a local correctional facility for more than 30 days while awaiting transfer to the Division of Correction.
# Md. Code Ann., GCS § 11-106(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–107
An agreement, contract, or other instrument approved by the Secretary shall be subject to the approval of the Board of Public Works before final execution.
# Md. Code Ann., GCS § 11-107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–201
(a)
# Md. Code Ann., GCS § 11-201(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The sheriff of a county shall keep safely each individual committed by lawful authority to the custody of the sheriff until the individual is discharged by due course of law.
# Md. Code Ann., GCS § 11-201(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-201(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The sheriff shall receive and keep safely in a local correctional facility each individual committed to the custody of the sheriff under authority of the United States until the individual is discharged by due course of law.
# Md. Code Ann., GCS § 11-201(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
An individual committed to the custody of the sheriff under the authority of the United States shall be kept in the same manner and be subject to the same penalties as an individual committed to the custody of the sheriff under the authority of the State.
# Md. Code Ann., GCS § 11-201(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
For keeping and supporting an individual committed to the custody of the sheriff under the authority of the United States, a sheriff is entitled to receive 30 cents per day to be paid by the United States.
# Md. Code Ann., GCS § 11-201(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-201(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In a county that has adopted a charter under Article XI–A of the Maryland Constitution, the county council, by resolution or law, may provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified assistants necessary to perform the duties of that office.
# Md. Code Ann., GCS § 11-201(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A managing official is responsible for the safekeeping, care, and feeding of incarcerated individuals in the custody of a local correctional facility, including an incarcerated individual who is working on the public highways or going to and from that work, until the incarcerated individual is discharged, released, or withdrawn from the local correctional facility by due course of law.
# Md. Code Ann., GCS § 11-201(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Except as specifically provided in paragraph (2) of this subsection, this subsection does not affect the powers and duties of the sheriff of a county relating to custody and safekeeping of incarcerated individuals.
# Md. Code Ann., GCS § 11-201(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-201(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The County Council of Anne Arundel County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by certified law enforcement officers other than the Sheriff.
# Md. Code Ann., GCS § 11-201(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The County Commissioners of Kent County, by resolution or law, may provide for the custody, safekeeping, and transportation of incarcerated individuals by corrections officers or law enforcement officers other than the Sheriff.
# Md. Code Ann., GCS § 11-201(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The County Council of Baltimore County, by resolution or law, may require that the Sheriff of Baltimore County operate and administer the Baltimore County Jail.
# Md. Code Ann., GCS § 11-201(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The County Commissioners of Queen Anne’s County, by resolution or law, may authorize the Warden of the County Detention Center to continue the management of the County Detention Center.
# Md. Code Ann., GCS § 11-201(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-201 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–202
(a)
Except as provided in subsection (b) of this section, when an individual is convicted in any court of the State and sentenced to imprisonment in the Division of Correction, the sheriff of the county in which the court is located shall:
# Md. Code Ann., GCS § 11-202(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
remove the individual from the court as soon as possible; and
# Md. Code Ann., GCS § 11-202(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
deliver the individual to the Division of Correction at the expense of the county.
# Md. Code Ann., GCS § 11-202(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The County Council of Anne Arundel County, by resolution or law, may provide that a certified law enforcement officer other than the Sheriff shall remove an individual from court after conviction.
# Md. Code Ann., GCS § 11-202(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A sheriff who does not comply with subsection (a) of this section shall forfeit $1,000.
# Md. Code Ann., GCS § 11-202(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-202 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–203
(a)
# Md. Code Ann., GCS § 11-203(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The managing official of a local correctional facility shall provide to an incarcerated individual in the custody of the managing official:
# Md. Code Ann., GCS § 11-203(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
food and board; and
# Md. Code Ann., GCS § 11-203(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
any article of comfort that is considered necessary for a sick incarcerated individual by the physician attending the incarcerated individual.
# Md. Code Ann., GCS § 11-203(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Except as provided in §§ 11–204 and 11–205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to incarcerated individuals under paragraph (1) of this subsection.
# Md. Code Ann., GCS § 11-203(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An incarcerated individual in a local correctional facility who is sick, injured, or disabled shall:
# Md. Code Ann., GCS § 11-203(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
reimburse the county, as appropriate, for the payment of medical expenses; and
# Md. Code Ann., GCS § 11-203(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provide the managing official with any information relating to:
# Md. Code Ann., GCS § 11-203(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;
# Md. Code Ann., GCS § 11-203(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual’s eligibility for benefits under the Maryland Medical Assistance Program;
# Md. Code Ann., GCS § 11-203(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the name and address of any third party payor; and
# Md. Code Ann., GCS § 11-203(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
any policy or other identifying number relating to items (i) through (iii) of this item.
# Md. Code Ann., GCS § 11-203(b)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-203(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual in a local correctional facility to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
# Md. Code Ann., GCS § 11-203(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The per visit fee shall be deducted from an incarcerated individual’s spending financial account, reserve financial account, or similar account held by the managing official on behalf of the incarcerated individual.
# Md. Code Ann., GCS § 11-203(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The fees collected under this subsection shall be deposited in the general fund of the county.
# Md. Code Ann., GCS § 11-203(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:
# Md. Code Ann., GCS § 11-203(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
required as a part of the intake process;
# Md. Code Ann., GCS § 11-203(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
required for an initial physical examination;
# Md. Code Ann., GCS § 11-203(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
due to a referral by a nurse or physician’s assistant;
# Md. Code Ann., GCS § 11-203(c)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
provided during a follow–up visit that is initiated by a medical professional from the local correctional facility;
# Md. Code Ann., GCS § 11-203(c)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
initiated by a medical or mental health staff member of the local correctional facility; or
# Md. Code Ann., GCS § 11-203(c)(4)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
required for necessary treatment.
# Md. Code Ann., GCS § 11-203(c)(4)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Subsections (b) and (c) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (b) of this section.
# Md. Code Ann., GCS § 11-203(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-203 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–204
A county or managing official is not responsible for payment for services or treatment rendered to an incarcerated individual as a result of admission to a State facility for individuals who have mental disorders as defined in § 10–101(i) of the Health – General Article.
# Md. Code Ann., GCS § 11-204 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–205
(a)
# Md. Code Ann., GCS § 11-205(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-205(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-205(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
“Health care provider” has the meaning stated in § 19–132 of the Health – General Article.
# Md. Code Ann., GCS § 11-205(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
“Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.
# Md. Code Ann., GCS § 11-205(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Health care service” has the meaning stated in § 19–132 of the Health – General Article.
# Md. Code Ann., GCS § 11-205(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Medicaid rate” means:
# Md. Code Ann., GCS § 11-205(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or
# Md. Code Ann., GCS § 11-205(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).
# Md. Code Ann., GCS § 11-205(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Liability for payment to a health care provider for any health care service provided to an incarcerated individual committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:
# Md. Code Ann., GCS § 11-205(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the actual amount billed by the health care provider for the health care service; or
# Md. Code Ann., GCS § 11-205(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Medicaid rate for the health care service.
# Md. Code Ann., GCS § 11-205(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-205(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.
# Md. Code Ann., GCS § 11-205(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.
# Md. Code Ann., GCS § 11-205(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-205 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–206
(a)
If a representation is made to the managing official of a local correctional facility that an incarcerated individual in the custody of the managing official is pregnant, the managing official may:
# Md. Code Ann., GCS § 11-206(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
before the anticipated birth, have the incarcerated individual transferred from the local correctional facility to another facility that provides comfortable accommodations, maintenance, and medical care under supervision and safeguards that the managing official determines necessary to prevent the incarcerated individual’s escape from custody; and
# Md. Code Ann., GCS § 11-206(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
return the incarcerated individual to the local correctional facility as soon after giving birth as the incarcerated individual’s health allows, as determined by the medical professional responsible for the care of the incarcerated individual.
# Md. Code Ann., GCS § 11-206(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The use of physical restraints on an incarcerated individual during a transfer made under this section shall be in accordance with § 9–601 of this article.
# Md. Code Ann., GCS § 11-206(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-206 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–301
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-301(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Center” means a community adult rehabilitation center.
# Md. Code Ann., GCS § 11-301(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Commissioner” means the Commissioner of Correction.
# Md. Code Ann., GCS § 11-301(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Regional center” means a center that serves more than one county.
# Md. Code Ann., GCS § 11-301(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-301 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–302
Except as otherwise provided in this subtitle, provisions of this subtitle that apply to a center shall also apply to a regional center.
# Md. Code Ann., GCS § 11-302 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–303
The General Assembly finds that:
(1)
there is a need for centers for the housing and rehabilitation of individuals who have been convicted of crimes but who, in the judgment of the courts and appropriate correctional personnel, can best be rehabilitated without substantial danger to the community in a local community facility;
# Md. Code Ann., GCS § 11-303(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the centers should be only one component in the overall correctional system and be utilized only for individuals who can best be rehabilitated in them and who will not present a substantial danger to the community;
# Md. Code Ann., GCS § 11-303(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
to assure the public that the centers will be safe, the centers should, to the maximum extent practicable, be located and operated by the counties, consistent with statewide standards, and with State financial and technical support; and
# Md. Code Ann., GCS § 11-303(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
the State should have the authority to locate, construct, and operate a center only if:
# Md. Code Ann., GCS § 11-303(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
there is a demonstrated need for a center; and
# Md. Code Ann., GCS § 11-303(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the county fails to provide for the location of a center after a reasonable time.
# Md. Code Ann., GCS § 11-303(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-303 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–304
(a)
This subtitle does not affect:
# Md. Code Ann., GCS § 11-304(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the authority granted under Subtitles 1 and 7 of this title; or
# Md. Code Ann., GCS § 11-304(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
a work release program established under Subtitles 1 and 7 of this title.
# Md. Code Ann., GCS § 11-304(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-304(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the approval of the Secretary, a county may convert a work release program established under Subtitles 1 and 7 of this title into a center that is subject to this subtitle.
# Md. Code Ann., GCS § 11-304(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall adopt regulations for the conversion of a work release program into a center.
# Md. Code Ann., GCS § 11-304(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-304 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–305
(a)
The regulations adopted by the Secretary under § 8-103(a) and (b) of this article shall include minimum State standards for centers.
# Md. Code Ann., GCS § 11-305(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The minimum State standards for centers shall include criteria and guidelines for:
# Md. Code Ann., GCS § 11-305(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
siting;
# Md. Code Ann., GCS § 11-305(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
physical characteristics, including design and layout;
# Md. Code Ann., GCS § 11-305(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
programs and staffing;
# Md. Code Ann., GCS § 11-305(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
screening procedures for placement;
# Md. Code Ann., GCS § 11-305(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
accounting, reporting, and accountability; and
# Md. Code Ann., GCS § 11-305(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
general program and management operations.
# Md. Code Ann., GCS § 11-305(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-305 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–306
(a)
# Md. Code Ann., GCS § 11-306(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With the assistance and advice of the Commissioner, the Secretary shall evaluate and determine the need, if any, for one or more centers or regional centers in each county or multicounty region of the State.
# Md. Code Ann., GCS § 11-306(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
In preparing an evaluation of need as provided under paragraph (1) of this subsection, the Secretary shall:
# Md. Code Ann., GCS § 11-306(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
for a center that serves a single county, consult with the governing body of that county; or
# Md. Code Ann., GCS § 11-306(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for a regional center, consult with the governing body of each county in the region.
# Md. Code Ann., GCS § 11-306(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A county or the counties in a region may request a completed evaluation of need study from the Secretary.
# Md. Code Ann., GCS § 11-306(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The standard to be used by the Secretary in making a determination of need is whether and to what extent, based on historic data and reasonable projections, there are and will be residents of the county or region convicted of crimes who can best be rehabilitated in community-based facilities without substantial danger to the community.
# Md. Code Ann., GCS § 11-306(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-306(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the Secretary determines that a center or a regional center is needed, the Secretary shall:
# Md. Code Ann., GCS § 11-306(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
for a center that serves a single county, certify the determination of need to the governing body of that county; or
# Md. Code Ann., GCS § 11-306(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for a regional center, certify the determination of need to the governing body of each county in the region.
# Md. Code Ann., GCS § 11-306(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The determination that is certified by the Secretary as provided under paragraph (1) of this subsection shall include the present and future needs over at least a 10-year period.
# Md. Code Ann., GCS § 11-306(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-306 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–307
(a)
# Md. Code Ann., GCS § 11-307(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the Secretary determines and certifies that there is a present need for a center or regional center, the county or counties in a region shall promptly initiate and pursue appropriate procedures to select a suitable site for the center.
# Md. Code Ann., GCS § 11-307(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary shall cooperate with and assist the county or counties in a region in the selection of a site that will be consistent with the standards adopted under § 11-305 of this subtitle.
# Md. Code Ann., GCS § 11-307(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Before selecting a site, the governing body of a county in which a site is proposed shall hold at least one public hearing in the county.
# Md. Code Ann., GCS § 11-307(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-307(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, a county may:
# Md. Code Ann., GCS § 11-307(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
acquire a site or facility that is located in the county for use as a center by lease, purchase, condemnation, or other lawful manner; and
# Md. Code Ann., GCS § 11-307(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
construct or renovate a facility on a site acquired by the county.
# Md. Code Ann., GCS § 11-307(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A county may not exercise the authority granted under paragraph (1) of this subsection unless the Secretary has determined that:
# Md. Code Ann., GCS § 11-307(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
there is a need for the center;
# Md. Code Ann., GCS § 11-307(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the proposed site and facility are appropriate; and
# Md. Code Ann., GCS § 11-307(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the facility is or, on completion, will be, consistent with the standards adopted under § 11-305 of this subtitle.
# Md. Code Ann., GCS § 11-307(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Subject to the requirements of and authority granted under subsection (b) of this section, counties may enter into agreements with each other and with the State for the location, acquisition, construction, and renovation of facilities for a regional center.
# Md. Code Ann., GCS § 11-307(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If a county is divided into councilmanic districts or contains more than one legislative district, the county may provide by ordinance that it will not place more than one center in a councilmanic or legislative district unless there is a center in each councilmanic or legislative district in the county.
# Md. Code Ann., GCS § 11-307(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-307(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, if a county or the counties in a region fail to submit to the Secretary a proposed site and plans for a facility on it consistent with the standards adopted under § 11-305 of this subtitle within 18 months after the Secretary has certified the need for a center under § 11-306(c) of this subtitle, the Secretary shall declare the county or counties in default.
# Md. Code Ann., GCS § 11-307(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
For good cause shown, the Secretary may extend the time allowed under paragraph (1) of this subsection for not more than 6 months.
# Md. Code Ann., GCS § 11-307(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-307(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraphs (2) and (3) of this subsection, if the Secretary declares a county or counties in a region in default under subsection (e) of this section, the Secretary shall recommend a site for a center or a regional center to the Board of Public Works.
# Md. Code Ann., GCS § 11-307(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Secretary may recommend to the Board of Public Works a site for a regional center in lieu of a center that serves a single county.
# Md. Code Ann., GCS § 11-307(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Secretary shall make a recommendation for a site:
# Md. Code Ann., GCS § 11-307(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
within 6 months of a default; and
# Md. Code Ann., GCS § 11-307(f)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
after holding a public hearing in the county in which the site is proposed.
# Md. Code Ann., GCS § 11-307(f)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If the Board of Public Works approves a site, the State may exercise the authority granted to counties under subsection (b) of this section.
# Md. Code Ann., GCS § 11-307(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
A center may not be established or expanded beyond a capacity of 108 beds without the approval of the Secretary and:
# Md. Code Ann., GCS § 11-307(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
for a single county center, the county in which the center is located or is to be located; or
# Md. Code Ann., GCS § 11-307(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
for a regional center, the counties in the region.
# Md. Code Ann., GCS § 11-307(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-307 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–310
(a)
Repealed.
# Md. Code Ann., GCS § 11-310(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Repealed.
# Md. Code Ann., GCS § 11-310(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
Repealed.
# Md. Code Ann., GCS § 11-310(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-310(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A county may accept and use federal funds specifically designated to finance programs or staff in excess of the minimum State standards adopted by the Secretary under § 11–305 of this subtitle.
# Md. Code Ann., GCS § 11-310(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
As long as the specifically designated federal funds are used for programs or staff in excess of the minimum State standards, the State subsidy may not be reduced because of the specifically designated federal funds.
# Md. Code Ann., GCS § 11-310(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-310 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–311
(a)
# Md. Code Ann., GCS § 11-311(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A center that is acquired, constructed, or renovated by a county as authorized under § 11-307(b) of this subtitle shall be operated by the county.
# Md. Code Ann., GCS § 11-311(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The director, staff, and other employees of the center shall be employees of the county.
# Md. Code Ann., GCS § 11-311(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-311(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A regional center that is acquired, constructed, or renovated by the counties in a region as authorized under § 11-307(c) of this subtitle shall be operated in accordance with the agreement entered into by the counties.
# Md. Code Ann., GCS § 11-311(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The director, staff, and other employees of the regional center shall be employees of one or more of the counties as provided in the agreement.
# Md. Code Ann., GCS § 11-311(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-311(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A center that is acquired, constructed, or renovated by the State on the default of a county or counties in a region under § 11-307(f) of this subtitle shall be operated by the State.
# Md. Code Ann., GCS § 11-311(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The director, staff, and other employees of the center shall be employees of the State.
# Md. Code Ann., GCS § 11-311(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
Subject to terms and conditions approved by the Secretary, a county, the counties in a region, or the State may provide for the operation of a center by contract with a nonpublic person.
# Md. Code Ann., GCS § 11-311(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-311 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–312
(a)
A center shall have a community advisory board.
# Md. Code Ann., GCS § 11-312(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The county operating the center shall determine the advisory function, composition, and appointment of members of the community advisory board.
# Md. Code Ann., GCS § 11-312(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The director of the center shall consult with and generally inform the community advisory board periodically concerning incarcerated individuals in the center.
# Md. Code Ann., GCS § 11-312(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-312 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–313
(a)
If a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is a charter county, the director and any assistant director shall be appointed and removed by the chief executive officer of the county government with the advice of the community advisory board and the advice and consent of the Commissioner.
# Md. Code Ann., GCS § 11-313(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Except as provided in subsection (e) of this section, if a center is operated by a county in accordance with § 11-311(a) of this subtitle and the county is not a charter county subject to Article XI-A of the Maryland Constitution, the director and any assistant director shall be appointed and removed by the county commissioners with the advice of the community advisory board and the advice and consent of the Commissioner.
# Md. Code Ann., GCS § 11-313(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If a center is a regional center operated by agreement of the counties in the region in accordance with § 11-311(b) of this subtitle, the director and any assistant director shall be appointed and removed by the officials of the county governments in accordance with the regional agreement and with the advice of the community advisory board and the advice and consent of the Commissioner.
# Md. Code Ann., GCS § 11-313(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
If a center is operated by the State in accordance with § 11-311(c) of this subtitle, the director and any assistant director shall be appointed and removed by the Commissioner with the advice of the community advisory board.
# Md. Code Ann., GCS § 11-313(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
If a center is operated by Cecil County:
# Md. Code Ann., GCS § 11-313(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the Sheriff shall appoint a center director;
# Md. Code Ann., GCS § 11-313(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the director serves at the pleasure of the Sheriff; and
# Md. Code Ann., GCS § 11-313(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Sheriff may remove the director at any time with or without cause.
# Md. Code Ann., GCS § 11-313(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-313 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–314
Subject to applicable budgetary rules, regulations, and procedures and any applicable regional agreement, the State, a county, or a body created in accordance with a regional agreement may enter into contracts and take other appropriate actions necessary or desirable to carry out this subtitle.
# Md. Code Ann., GCS § 11-314 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–315
(a)
# Md. Code Ann., GCS § 11-315(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A center shall:
# Md. Code Ann., GCS § 11-315(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
have a properly monitored work release program; and
# Md. Code Ann., GCS § 11-315(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
make arrangements for appropriate counseling, educational, and rehabilitative programs and services.
# Md. Code Ann., GCS § 11-315(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A center may arrange for counseling, educational, and rehabilitative programs and services by a purchase of service agreement or contract with a person or governmental unit.
# Md. Code Ann., GCS § 11-315(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
To the extent practicable, a center shall utilize appropriate programs and services that exist in the community.
# Md. Code Ann., GCS § 11-315(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
A center may establish, direct, and implement a prerelease program.
# Md. Code Ann., GCS § 11-315(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The recreational, educational, vocational, and other facilities of a center may be made available for use by the community.
# Md. Code Ann., GCS § 11-315(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-315 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–316
(a)
Except as provided in subsection (c) of this section, the Commissioner may place an incarcerated individual in a center if the incarcerated individual:
# Md. Code Ann., GCS § 11-316(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is a resident of:
# Md. Code Ann., GCS § 11-316(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the county in which the center is located; or
# Md. Code Ann., GCS § 11-316(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for a regional center, one of the counties in the region;
# Md. Code Ann., GCS § 11-316(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has:
# Md. Code Ann., GCS § 11-316(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
less than 6 months remaining on a sentence;
# Md. Code Ann., GCS § 11-316(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
less than 6 months remaining until a determined parole date; or
# Md. Code Ann., GCS § 11-316(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a sentence of 3 years or less; and
# Md. Code Ann., GCS § 11-316(a)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
has been screened by a center staff member and approved by the center director as provided under subsection (b) of this section.
# Md. Code Ann., GCS § 11-316(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-316(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A center staff member shall screen an incarcerated individual for placement in a center.
# Md. Code Ann., GCS § 11-316(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After a review of the screening data, the center director may approve a placement based on screening standards that are established by the community advisory board, the center director, and the Commissioner.
# Md. Code Ann., GCS § 11-316(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The screening standards shall include a presentence investigation report if available and a complete record of previous convictions.
# Md. Code Ann., GCS § 11-316(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-316(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
This subsection applies only to Cecil County.
# Md. Code Ann., GCS § 11-316(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner may place an incarcerated individual in a center operated by Cecil County if the incarcerated individual:
# Md. Code Ann., GCS § 11-316(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been committed by the court to the custody of the Commissioner;
# Md. Code Ann., GCS § 11-316(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is a legal resident of Cecil County;
# Md. Code Ann., GCS § 11-316(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
has:
# Md. Code Ann., GCS § 11-316(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
less than 6 months remaining on a sentence;
# Md. Code Ann., GCS § 11-316(c)(2)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
less than 6 months remaining until a determined parole date; or
# Md. Code Ann., GCS § 11-316(c)(2)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a sentence of 3 years or less; and
# Md. Code Ann., GCS § 11-316(c)(2)(iii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
has been screened by a center staff member and approved by the center director in accordance with subsection (b) of this section.
# Md. Code Ann., GCS § 11-316(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may recommend that an incarcerated individual be placed in a center.
# Md. Code Ann., GCS § 11-316(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-316 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–317
(a)
This section applies to incarcerated individuals transferred to a center or regional center from a local correctional facility.
# Md. Code Ann., GCS § 11-317(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-317(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A center director may recommend to the court that an incarcerated individual in a local correctional facility be placed in a center based on locally established procedures.
# Md. Code Ann., GCS § 11-317(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a center director makes a recommendation as provided under paragraph (1) of this subsection, the judge ordering the confinement, or, if that judge is unable to act, another judge of the court that committed the incarcerated individual may approve the placement of the incarcerated individual in a center.
# Md. Code Ann., GCS § 11-317(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-317(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The center director may make a recommendation to a court that an incarcerated individual in a center be released from custody.
# Md. Code Ann., GCS § 11-317(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The recommendation shall be based on a report of the incarcerated individual’s performance in the center.
# Md. Code Ann., GCS § 11-317(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If a center director recommends the release of an incarcerated individual, the judge who ordered the confinement, or if that judge is unable to act, another judge of the court that committed the incarcerated individual may order the release of the incarcerated individual from custody.
# Md. Code Ann., GCS § 11-317(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-317(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to § 11–318 of this subtitle, the center director may revoke the participation of an incarcerated individual.
# Md. Code Ann., GCS § 11-317(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-317(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If the remaining term of confinement of the incarcerated individual exceeds 12 months, the court that committed the incarcerated individual may designate the Division of Correction as the agency of custody.
# Md. Code Ann., GCS § 11-317(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The decision of the judge shall be based on a report of the center director to the judge that shows cause for revocation.
# Md. Code Ann., GCS § 11-317(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-317 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–318
(a)
The center director shall establish the terms and conditions of the center with the advice of the community advisory board.
# Md. Code Ann., GCS § 11-318(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The center director may revoke the participation of an incarcerated individual in a center if the incarcerated individual violates the terms or conditions of the center.
# Md. Code Ann., GCS § 11-318(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-318 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–319
(a)
# Md. Code Ann., GCS § 11-319(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In accordance with guidelines developed under paragraph (2) of this subsection, the center director or the director’s designee may grant an incarcerated individual the privilege of leaving the confines of a center for the following purposes:
# Md. Code Ann., GCS § 11-319(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
employment or seeking employment;
# Md. Code Ann., GCS § 11-319(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
educational programs;
# Md. Code Ann., GCS § 11-319(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
vocational training;
# Md. Code Ann., GCS § 11-319(a)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
community and civic activities;
# Md. Code Ann., GCS § 11-319(a)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
volunteer work;
# Md. Code Ann., GCS § 11-319(a)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
athletic competition;
# Md. Code Ann., GCS § 11-319(a)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
personal or family visits; or
# Md. Code Ann., GCS § 11-319(a)(1)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
other similar rehabilitative activities.
# Md. Code Ann., GCS § 11-319(a)(1)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The guidelines for leave shall be developed by the county or counties that operate the center, reviewed by the community advisory board, and approved by the Secretary.
# Md. Code Ann., GCS § 11-319(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
When outside the confines of a center, an incarcerated individual shall carry, at all times, a copy of the form signed by the center director or the director’s designee containing the terms and conditions governing the grant of leave.
# Md. Code Ann., GCS § 11-319(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual on leave shall be deemed to be in the custody of the center to the same extent, and subject to the same supervision and control, as an incarcerated individual actually in confinement in the Division of Correction.
# Md. Code Ann., GCS § 11-319(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
An incarcerated individual who escapes while on leave under this section is subject to the penalties of § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-319(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-319(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The center director or the director’s designee shall collect the earnings of an incarcerated individual, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-319(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The center director or the director’s designee shall keep an accurate account of the earnings of an incarcerated individual.
# Md. Code Ann., GCS § 11-319(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
From the earnings of an incarcerated individual, the center director may deduct:
# Md. Code Ann., GCS § 11-319(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
an amount determined by the director to be the cost of providing food, lodging, and clothing to the incarcerated individual;
# Md. Code Ann., GCS § 11-319(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in work release and rehabilitation programs;
# Md. Code Ann., GCS § 11-319(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
any amount required by court order or agreement of the incarcerated individual, and not otherwise deducted, for the support of dependents; and
# Md. Code Ann., GCS § 11-319(b)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
court ordered restitution payments.
# Md. Code Ann., GCS § 11-319(b)(3)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
# Md. Code Ann., GCS § 11-319(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in subparagraph (ii) of this paragraph, any remaining balance shall be credited to the incarcerated individual’s account and paid to the incarcerated individual on release.
# Md. Code Ann., GCS § 11-319(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If approved by the director, any remaining balance may be paid to the incarcerated individual on the request of the incarcerated individual.
# Md. Code Ann., GCS § 11-319(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-319 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–320
(a)
The center director or the director’s designee may release personal information about an incarcerated individual on a “need to know” basis to:
# Md. Code Ann., GCS § 11-320(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
essential community resources and volunteer staff for the purpose of obtaining employment, training, education, or treatment services for the incarcerated individual on release; and
# Md. Code Ann., GCS § 11-320(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
an individual who agrees to sponsor the incarcerated individual in the individual’s home for authorized furloughs.
# Md. Code Ann., GCS § 11-320(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The incarcerated individual shall be informed of confidentiality requirements.
# Md. Code Ann., GCS § 11-320(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The staff of the center shall request that the incarcerated individual waive, in writing, the incarcerated individual’s right of confidentiality for the purpose of implementing this section.
# Md. Code Ann., GCS § 11-320(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-320 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–401
In this subtitle, “governing body” means:
(1)
the county council of a county with a charter form of government established under Article XI-A of the Maryland Constitution; or
# Md. Code Ann., GCS § 11-401(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the board of county commissioners of any other county.
# Md. Code Ann., GCS § 11-401(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-401 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–402
This subtitle does not apply to Frederick, Garrett, Harford, Howard, Washington, and Worcester counties.
# Md. Code Ann., GCS § 11-402 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–403
The governing body of a county may establish a correctional farm.
# Md. Code Ann., GCS § 11-403 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–404
(a)
A governing body may:
# Md. Code Ann., GCS § 11-404(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
purchase or otherwise acquire real or personal property needed for a correctional farm; and
# Md. Code Ann., GCS § 11-404(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
provide for the disposition or retention of existing local correctional facilities in the county.
# Md. Code Ann., GCS § 11-404(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-404(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After considering the probable income from the correctional farm property, a governing body shall prepare an annual budget of proposed expenditures for the:
# Md. Code Ann., GCS § 11-404(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
care, operation, and maintenance of the property; and
# Md. Code Ann., GCS § 11-404(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
feeding of incarcerated individuals.
# Md. Code Ann., GCS § 11-404(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A budget prepared as provided under paragraph (1) of this subsection shall be included in the county’s annual budget.
# Md. Code Ann., GCS § 11-404(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Any levy imposed for the budget prepared as provided under paragraph (1) of this subsection shall be collected as part of the county tax.
# Md. Code Ann., GCS § 11-404(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-404 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–405
(a)
The governing body:
# Md. Code Ann., GCS § 11-405(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
shall have full and complete jurisdiction and control over all:
# Md. Code Ann., GCS § 11-405(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
real property leased in connection with a correctional farm; and
# Md. Code Ann., GCS § 11-405(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
personal property used in connection with a correctional farm; and
# Md. Code Ann., GCS § 11-405(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may acquire by lease, purchase, or otherwise all real property, equipment, food, uniforms, clothing, books, ledgers, stationery, and other supplies necessary to carry out this subtitle.
# Md. Code Ann., GCS § 11-405(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The county officials who are required by law to maintain, operate, and administer the local correctional facilities in a county shall maintain, operate, and administer any correctional farm established under this subtitle in the county.
# Md. Code Ann., GCS § 11-405(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
With the advice of the individual in charge of farming operations at a correctional farm, the governing body shall determine:
# Md. Code Ann., GCS § 11-405(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the crops to be planted and grown on the correctional farm or real property held under lease; and
# Md. Code Ann., GCS § 11-405(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the acreage for each crop.
# Md. Code Ann., GCS § 11-405(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
To the extent expedient, produce or proceeds from the sale of produce from the correctional farm shall be used to feed incarcerated individuals committed to the correctional farm.
# Md. Code Ann., GCS § 11-405(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-405 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–406
(a)
An incarcerated individual committed to or held in a local correctional facility may be transferred to the correctional farm in the county.
# Md. Code Ann., GCS § 11-406(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Unless excused for good cause, an incarcerated individual committed to a correctional farm shall work as directed on the correctional farm or any real property leased in connection with the correctional farm.
# Md. Code Ann., GCS § 11-406(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-406 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–407
(a)
The governing body shall determine if an incarcerated individual shall be compensated for work performed by the incarcerated individual.
# Md. Code Ann., GCS § 11-407(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a governing body determines that an incarcerated individual shall be compensated as provided in subsection (a) of this section, the governing body shall determine whether the incarcerated individual’s compensation shall be:
# Md. Code Ann., GCS § 11-407(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
paid to the incarcerated individual during the incarcerated individual’s term of confinement;
# Md. Code Ann., GCS § 11-407(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
withheld until the incarcerated individual’s term of confinement expires; or
# Md. Code Ann., GCS § 11-407(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
paid periodically to an incarcerated individual’s dependent family.
# Md. Code Ann., GCS § 11-407(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-407 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–501
In this subtitle, the provisions that apply to a local correctional facility also apply to the Baltimore City Detention Center.
# Md. Code Ann., GCS § 11-501 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–502
(a)
Except as provided in subsections (b) and (c) of this section, an incarcerated individual who has been sentenced to a term of imprisonment shall be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
# Md. Code Ann., GCS § 11-502(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-502(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
# Md. Code Ann., GCS § 11-502(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
# Md. Code Ann., GCS § 11-502(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.
# Md. Code Ann., GCS § 11-502(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-502(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, who has previously been convicted of violating § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years, may not be allowed deductions from the incarcerated individual’s term of confinement as provided under this subtitle for any period of presentence or postsentence confinement in a local correctional facility.
# Md. Code Ann., GCS § 11-502(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This subsection may not be construed to require an incarcerated individual to serve a longer sentence of confinement than is authorized by the statute under which the incarcerated individual was convicted.
# Md. Code Ann., GCS § 11-502(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-502 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–503
(a)
An incarcerated individual shall be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month of presentence confinement during which the incarcerated individual:
# Md. Code Ann., GCS § 11-503(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
does not violate the rules of discipline; and
# Md. Code Ann., GCS § 11-503(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
labors with diligence and fidelity when the opportunity for labor is available.
# Md. Code Ann., GCS § 11-503(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The deductions described in this section shall:
# Md. Code Ann., GCS § 11-503(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
begin on the day the incarcerated individual arrives at the local correctional facility;
# Md. Code Ann., GCS § 11-503(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be made on a prorated basis for any portion of a calendar month of presentence confinement during which the incarcerated individual is committed to the local correctional facility; and
# Md. Code Ann., GCS § 11-503(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
cease on the day the incarcerated individual is:
# Md. Code Ann., GCS § 11-503(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
sentenced to a local correctional facility;
# Md. Code Ann., GCS § 11-503(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
committed to the custody of the Commissioner of Correction; or
# Md. Code Ann., GCS § 11-503(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
released.
# Md. Code Ann., GCS § 11-503(b)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-503 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–504
(a)
An incarcerated individual who is sentenced to a local correctional facility shall be allowed an initial deduction from the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-504(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The deduction described in subsection (a) of this section shall be calculated:
# Md. Code Ann., GCS § 11-504(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
from the first day of the incarcerated individual’s postsentence commitment to the custody of the local correctional facility to the last day of the incarcerated individual’s maximum term of confinement;
# Md. Code Ann., GCS § 11-504(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-504(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
at the rate of 5 days for each calendar month if the incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article or a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-504(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
at the rate of 10 days for each calendar month for all other incarcerated individuals; and
# Md. Code Ann., GCS § 11-504(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
on a prorated basis for any portion of a calendar month.
# Md. Code Ann., GCS § 11-504(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-504 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–505
(a)
In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month of presentence or postsentence confinement during which the incarcerated individual manifests:
# Md. Code Ann., GCS § 11-505(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
exceptional industry, application, and skill in the performance of any industrial, agricultural, or administrative tasks assigned to the incarcerated individual; or
# Md. Code Ann., GCS § 11-505(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
satisfactory industry, application, and progress in a vocational or other educational or training course.
# Md. Code Ann., GCS § 11-505(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The deductions described in subsection (a) of this section shall:
# Md. Code Ann., GCS § 11-505(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
begin on the first day that the task is performed or the course is taken;
# Md. Code Ann., GCS § 11-505(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
be made on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the task or attended the course; and
# Md. Code Ann., GCS § 11-505(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
cease on the day the incarcerated individual is:
# Md. Code Ann., GCS § 11-505(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
committed to the custody of the Commissioner of Correction; or
# Md. Code Ann., GCS § 11-505(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
released.
# Md. Code Ann., GCS § 11-505(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-505 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–506
(a)
# Md. Code Ann., GCS § 11-506(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of not more than 5 days from the incarcerated individual’s term of confinement for each calendar month or portion of a calendar month of presentence or postsentence confinement during which an incarcerated individual manifests satisfactory industry, application, and progress in special selected work projects or other special programs.
# Md. Code Ann., GCS § 11-506(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The deduction described in paragraph (1) of this subsection shall be calculated from the first day that an incarcerated individual is assigned a project or program.
# Md. Code Ann., GCS § 11-506(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The managing official of a local correctional facility shall designate the projects and programs that make an incarcerated individual eligible for diminution credits under this section.
# Md. Code Ann., GCS § 11-506(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-506 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–507
(a)
If an incarcerated individual violates the rules of discipline of a local correctional facility, the managing official, for each violation, may revoke some or all of the diminution credits awarded under § 11–503 (presentence good conduct) or § 11–504 (postsentence good conduct) of this subtitle for the month in which the violation occurs.
# Md. Code Ann., GCS § 11-507(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In addition to the revocation authorized under subsection (a) of this section, if a violation is aggravated or the incarcerated individual commits frequent violations, the managing official may revoke some or all of the diminution credits awarded under § 11–503 (presentence good conduct) or § 11–504 (postsentence good conduct) of this subtitle.
# Md. Code Ann., GCS § 11-507(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
This section does not affect the diminution credits awarded under §§ 11–505 (industrial, agricultural, or administrative tasks) and 11–506 (special selected work projects) of this subtitle.
# Md. Code Ann., GCS § 11-507(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A managing official may not revoke diminution credits awarded to an incarcerated individual unless the incarcerated individual is afforded due process of law before the revocation.
# Md. Code Ann., GCS § 11-507(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-507 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–508
If an incarcerated individual is committed to the custody of the Commissioner of Correction or transferred to another local correctional facility:
(1)
the incarcerated individual’s record of accrued diminution credits shall be forwarded to the receiving correctional facility; and
# Md. Code Ann., GCS § 11-508(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the receiving correctional facility shall apply the credits to reduce the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-508(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-508 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–509
If an incarcerated individual is entitled to a diminution of the incarcerated individual’s term of confinement under this subtitle and is transferred to a hospital or mental institution, the incarcerated individual may not be denied credit authorized by this subtitle.
# Md. Code Ann., GCS § 11-509 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–601
(a)
Except as provided in subsection (b) of this section and Subtitle 7 of this title, this subtitle applies in all counties.
# Md. Code Ann., GCS § 11-601(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This subtitle does not apply in Montgomery County.
# Md. Code Ann., GCS § 11-601(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-601 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–602
(a)
# Md. Code Ann., GCS § 11-602(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 11-602(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
When an individual is convicted of a crime and sentenced to a local correctional facility, the sentencing judge may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-602(a)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
When an individual is adjudicated to be in contempt of court and committed to the custody of a local correctional facility, the judge who commits the individual may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the period in which the individual is committed to the custody of the local correctional facility.
# Md. Code Ann., GCS § 11-602(a)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a judge allows an individual to continue employment or obtain new employment under paragraph (1) of this subsection, the judge shall designate either the managing official of the local correctional facility or the Division of Parole and Probation to supervise, arrange for, or obtain employment for the individual.
# Md. Code Ann., GCS § 11-602(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a judge designates a managing official or the Division of Parole and Probation to arrange for or obtain employment for an incarcerated individual as provided under subsection (a)(2) of this section, the managing official or Division:
# Md. Code Ann., GCS § 11-602(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
in the case of an incarcerated individual who has been regularly employed, shall arrange for continuation of employment without interruption to the extent possible; and
# Md. Code Ann., GCS § 11-602(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
in the case of an incarcerated individual who is not employed, shall make every effort to secure suitable employment that pays a fair and reasonable wage.
# Md. Code Ann., GCS § 11-602(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If a managing official or the Division of Parole and Probation secures suitable employment for an incarcerated individual that pays a fair and reasonable wage, the incarcerated individual shall work a fair and reasonable number of hours each day and week.
# Md. Code Ann., GCS § 11-602(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-602 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–603
Unless the court directs otherwise, an incarcerated individual shall be confined in the local correctional facility:
(1)
when not employed; and
# Md. Code Ann., GCS § 11-603(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
between periods of employment.
# Md. Code Ann., GCS § 11-603(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-603 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–605
If the committing court determines that an incarcerated individual’s conduct, diligence, and general attitude merit a diminution of sentence, the court may allow diminution of one–fourth of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-605 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–606
(a)
If an incarcerated individual violates a condition imposed for the incarcerated individual’s conduct, custody, or employment, the incarcerated individual shall be returned to the court.
# Md. Code Ann., GCS § 11-606(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The court may:
# Md. Code Ann., GCS § 11-606(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
require that the balance of the incarcerated individual’s sentence be served in actual confinement; and
# Md. Code Ann., GCS § 11-606(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
cancel any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-606(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-606 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–607
The managing official of a local correctional facility shall receive an extra expense or mileage allowance as the local governing body determines for additional services provided under this subtitle.
# Md. Code Ann., GCS § 11-607 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–701
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-701(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
“Court” means the Maryland District Court or a circuit court of a county.
# Md. Code Ann., GCS § 11-701(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
“Crime of violence” has the meaning stated in § 14-101 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-701(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-701 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–702
(a)
This section applies only in Allegany County.
# Md. Code Ann., GCS § 11-702(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-702(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may:
# Md. Code Ann., GCS § 11-702(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-702(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to administer the program.
# Md. Code Ann., GCS § 11-702(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-702(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
appears before the court after being charged and detained on bond; and
# Md. Code Ann., GCS § 11-702(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets the eligibility requirements of paragraph (4) of this subsection.
# Md. Code Ann., GCS § 11-702(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-702(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An individual is eligible for the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-702(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended to the court for placement in the program by the program staff;
# Md. Code Ann., GCS § 11-702(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction; and
# Md. Code Ann., GCS § 11-702(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is not in detention for:
# Md. Code Ann., GCS § 11-702(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a crime of violence; or
# Md. Code Ann., GCS § 11-702(b)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the crime of escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-702(b)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-702(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Department may:
# Md. Code Ann., GCS § 11-702(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and direct a work release program; and
# Md. Code Ann., GCS § 11-702(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt guidelines for the operation of the program.
# Md. Code Ann., GCS § 11-702(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-702(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
At the time of sentencing or at any time during an incarcerated individual’s confinement, the sentencing judge may order that the incarcerated individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
# Md. Code Ann., GCS § 11-702(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.
# Md. Code Ann., GCS § 11-702(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
# Md. Code Ann., GCS § 11-702(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
work at gainful, private employment;
# Md. Code Ann., GCS § 11-702(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
seek gainful, private employment; or
# Md. Code Ann., GCS § 11-702(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
participate in an educational, rehabilitative, or training program in the county.
# Md. Code Ann., GCS § 11-702(c)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
# Md. Code Ann., GCS § 11-702(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 11-702(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-702(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
# Md. Code Ann., GCS § 11-702(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-702(c)(5)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-702(c)(5)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
any amount a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-702(c)(5)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
# Md. Code Ann., GCS § 11-702(c)(5)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
# Md. Code Ann., GCS § 11-702(c)(5)(ii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Sheriff shall:
# Md. Code Ann., GCS § 11-702(c)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
credit to the incarcerated individual’s account the remaining balance; and
# Md. Code Ann., GCS § 11-702(c)(5)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
# Md. Code Ann., GCS § 11-702(c)(5)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-702(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the work release program; and
# Md. Code Ann., GCS § 11-702(c)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-702(c)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-702(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-702(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-702(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the program.
# Md. Code Ann., GCS § 11-702(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.
# Md. Code Ann., GCS § 11-702(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-702(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended for the program by the sentencing judge; and
# Md. Code Ann., GCS § 11-702(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-702(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-702(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-702(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-702(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-702(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-702(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
While participating in the home detention program an incarcerated individual is responsible for:
# Md. Code Ann., GCS § 11-702(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual’s medical care and related expenses; and
# Md. Code Ann., GCS § 11-702(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
costs of lodging, food, clothing, transportation, restitution, and taxes.
# Md. Code Ann., GCS § 11-702(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Sheriff may:
# Md. Code Ann., GCS § 11-702(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect a reasonable fee from each incarcerated individual participating in the home detention program; or
# Md. Code Ann., GCS § 11-702(d)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-702(d)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.
# Md. Code Ann., GCS § 11-702(d)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
# Md. Code Ann., GCS § 11-702(d)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-702 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–703
(a)
# Md. Code Ann., GCS § 11-703(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-703(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Administrator” means the Administrator of the county’s local correctional facilities.
# Md. Code Ann., GCS § 11-703(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Participant” means an individual who participates in a program under this section.
# Md. Code Ann., GCS § 11-703(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Program” means, unless the context requires otherwise, a rehabilitation, home detention, pretrial release, or work program established and conducted under this section.
# Md. Code Ann., GCS § 11-703(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Anne Arundel County.
# Md. Code Ann., GCS § 11-703(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-703(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a provision of this section is inconsistent with another provision in the Code, the provision of this section controls.
# Md. Code Ann., GCS § 11-703(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The privileges and penalties set forth in subsection (e)(1)(v) and (vi) of this section are the exclusive privileges and penalties that relate to the length of sentence of a participant in a program.
# Md. Code Ann., GCS § 11-703(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
While released from confinement under the terms of a program, a participant is not an agent, employee, or servant of the county.
# Md. Code Ann., GCS § 11-703(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-703(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator shall:
# Md. Code Ann., GCS § 11-703(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-703(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the program.
# Md. Code Ann., GCS § 11-703(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-703(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
When an individual who is convicted of a crime is sentenced or at any time during the individual’s confinement as an incarcerated individual, a judge may allow the individual to participate in the home detention program.
# Md. Code Ann., GCS § 11-703(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
In addition to participation at the recommendation of a judge under subparagraph (i) of this paragraph, the Administrator may place the incarcerated individual in the home detention program unless the court has ordered otherwise.
# Md. Code Ann., GCS § 11-703(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-703(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended for the program by a judge or placed in the program by the Administrator under paragraph (2) of this subsection; and
# Md. Code Ann., GCS § 11-703(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-703(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-703(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-703(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-703(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-703(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-703(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
While participating in the home detention program, an incarcerated individual is responsible for:
# Md. Code Ann., GCS § 11-703(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the costs of the incarcerated individual’s medical care and related expenses; and
# Md. Code Ann., GCS § 11-703(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the costs of the incarcerated individual’s lodging, food, clothing, transportation, restitution, and taxes.
# Md. Code Ann., GCS § 11-703(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Administrator may:
# Md. Code Ann., GCS § 11-703(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect a reasonable fee from each incarcerated individual participating in the home detention program; or
# Md. Code Ann., GCS § 11-703(d)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-703(d)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The Administrator may determine the maximum number of participants in the home detention program.
# Md. Code Ann., GCS § 11-703(d)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
An incarcerated individual who knowingly violates a term or condition of the home detention program is subject to:
# Md. Code Ann., GCS § 11-703(d)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the penalties provided under § 11–726 of this subtitle; and
# Md. Code Ann., GCS § 11-703(d)(8)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
any other disciplinary action authorized under law.
# Md. Code Ann., GCS § 11-703(d)(8)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-703(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may:
# Md. Code Ann., GCS § 11-703(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish, for the rehabilitation and training of an incarcerated individual who is sentenced to imprisonment in a local correctional facility, a program that enables the incarcerated individual to:
# Md. Code Ann., GCS § 11-703(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
attend a vocational or educational institution;
# Md. Code Ann., GCS § 11-703(e)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
work at gainful, private employment; or
# Md. Code Ann., GCS § 11-703(e)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
participate in any other training or rehabilitation program;
# Md. Code Ann., GCS § 11-703(e)(1)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
establish eligibility criteria for participation in a program;
# Md. Code Ann., GCS § 11-703(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
release an eligible incarcerated individual from actual confinement to participate in a program;
# Md. Code Ann., GCS § 11-703(e)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
establish any other training or rehabilitation program;
# Md. Code Ann., GCS § 11-703(e)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
reduce a participant’s sentence 1 day for each day that the participant:
# Md. Code Ann., GCS § 11-703(e)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
performs with exceptional industry, application, and skill any industrial, agricultural, or administrative task assigned to the participant; or
# Md. Code Ann., GCS § 11-703(e)(1)(v)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
performs with satisfactory industry, application, and progress in the program to which the participant is assigned; and
# Md. Code Ann., GCS § 11-703(e)(1)(v)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
after an administrative hearing, cancel any earned diminution of an incarcerated individual’s term of confinement if the incarcerated individual violates a regulation adopted under this section.
# Md. Code Ann., GCS § 11-703(e)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-703(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Administrator shall adopt regulations to conduct each program.
# Md. Code Ann., GCS § 11-703(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
In adopting the regulations, the Administrator shall consider the safety of the public and the security of a local correctional facility.
# Md. Code Ann., GCS § 11-703(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Except as provided in subsection (g)(2) of this section, if a condition of the sentence imposed by a court on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that incarcerated individual.
# Md. Code Ann., GCS § 11-703(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
While not released from confinement under the terms of a program, each participant shall be confined in a local correctional facility.
# Md. Code Ann., GCS § 11-703(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
# Md. Code Ann., GCS § 11-703(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Administrator or Administrator’s designee shall collect each participant’s total earnings, less payroll deductions.
# Md. Code Ann., GCS § 11-703(e)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
From the participant’s earnings, the Administrator or designee shall pay:
# Md. Code Ann., GCS § 11-703(e)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
voluntary or court–ordered payments for support of a dependent; and
# Md. Code Ann., GCS § 11-703(e)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-703(e)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Administrator may:
# Md. Code Ann., GCS § 11-703(e)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
deduct a reasonable fee from the earnings of each incarcerated individual participating in the program; or
# Md. Code Ann., GCS § 11-703(e)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-703(e)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
The Administrator or designee shall:
# Md. Code Ann., GCS § 11-703(e)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
credit to the participant’s account any remaining balance; and
# Md. Code Ann., GCS § 11-703(e)(4)(iv)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
dispose of the balance as requested by the participant and as approved by the Administrator.
# Md. Code Ann., GCS § 11-703(e)(4)(iv)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
A participant who knowingly violates a regulation adopted under this section:
# Md. Code Ann., GCS § 11-703(e)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is subject to removal from the program;
# Md. Code Ann., GCS § 11-703(e)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement; and
# Md. Code Ann., GCS § 11-703(e)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is subject to the provisions of § 11–726 of this subtitle.
# Md. Code Ann., GCS § 11-703(e)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-703(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may:
# Md. Code Ann., GCS § 11-703(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-703(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to carry out the program.
# Md. Code Ann., GCS § 11-703(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program if the individual appears before the court after being charged and detained on bond.
# Md. Code Ann., GCS § 11-703(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may enter the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-703(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-703(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge or the Administrator may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in a program established under subsection (e) of this section, provided that the individual meets the eligibility criteria established by the Administrator for participation in that program.
# Md. Code Ann., GCS § 11-703(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Subject to the eligibility criteria established by the Administrator, a judge may order that an individual participate in a program established under subsection (e) of this section.
# Md. Code Ann., GCS § 11-703(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Administrator may not allow an individual to participate in a program established under subsection (e) of this section if a court order prohibits the individual from participating in that program.
# Md. Code Ann., GCS § 11-703(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-703(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation.
# Md. Code Ann., GCS § 11-703(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An individual who participates in the work program shall receive credit of at least the federal minimum wage per hour toward the fine and court costs.
# Md. Code Ann., GCS § 11-703(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If the Administrator establishes and operates a community service program authorized by §§ 8–701 through 8–711 of this article, the Administrator may charge a reasonable fee to each individual participating in the program.
# Md. Code Ann., GCS § 11-703(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-703 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–704
(a)
In this section, “Commissioner” means the Commissioner of Pretrial Detention and Services.
# Md. Code Ann., GCS § 11-704(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Baltimore City.
# Md. Code Ann., GCS § 11-704(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-704(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Commissioner may allow an incarcerated individual of the Baltimore City Detention Center to participate in one of the activities specified in paragraph (2) of this subsection during the period of custody if the participation:
# Md. Code Ann., GCS § 11-704(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is approved by the judge ordering confinement or, if that judge is unable to act, by another judge of the committing court; and
# Md. Code Ann., GCS § 11-704(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is in accordance with available programs.
# Md. Code Ann., GCS § 11-704(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Subject to paragraph (1) of this subsection, an incarcerated individual may:
# Md. Code Ann., GCS § 11-704(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
continue regular employment;
# Md. Code Ann., GCS § 11-704(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
obtain new employment;
# Md. Code Ann., GCS § 11-704(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
participate in a training, rehabilitation, or other special program; or
# Md. Code Ann., GCS § 11-704(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
attend an educational institution.
# Md. Code Ann., GCS § 11-704(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-704(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An incarcerated individual who is authorized to participate in a program under this subsection shall be held in custody between program hours or periods.
# Md. Code Ann., GCS § 11-704(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Commissioner or Commissioner’s designee may allow an incarcerated individual who is authorized to participate in a program under this subsection to be held in custody through home detention by the use of electronic monitoring devices.
# Md. Code Ann., GCS § 11-704(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
Subject to the availability of funds, the Commissioner may contract for halfway houses or other suitable housing facilities or electronic monitoring devices for incarcerated individuals authorized to participate in a program under this subsection.
# Md. Code Ann., GCS § 11-704(c)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-704(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An incarcerated individual who is employed under a work release program shall surrender to the Commissioner or Commissioner’s designee the total earnings of the incarcerated individual under the program, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-704(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the net earnings of the incarcerated individual, the Commissioner or Commissioner’s designee shall deduct in the following order of priority:
# Md. Code Ann., GCS § 11-704(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to the State of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-704(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual custody under the program;
# Md. Code Ann., GCS § 11-704(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the amount, if any, that the incarcerated individual is legally obligated to pay for the support of a dependent by court order directed to the Commissioner; and
# Md. Code Ann., GCS § 11-704(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the amount for court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-704(d)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Commissioner or Commissioner’s designee shall pay any amount deducted as required by paragraph (2)(iii) of this subsection as the court order directs.
# Md. Code Ann., GCS § 11-704(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Commissioner or Commissioner’s designee shall:
# Md. Code Ann., GCS § 11-704(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-704(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
pay the balance in the incarcerated individual’s account to the incarcerated individual on release.
# Md. Code Ann., GCS § 11-704(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
If any part of the incarcerated individual’s final earnings under a work release program are required to satisfy the deductions specified in paragraph (2) of this subsection, the balance of the final earnings shall be forwarded to the incarcerated individual within 15 days after the date of release from the Baltimore City Detention Center.
# Md. Code Ann., GCS § 11-704(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-704(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A court may require an individual who is convicted of a crime to satisfy a fine or court costs by participating in a work program established under the jurisdiction of the Division of Parole and Probation in Baltimore City.
# Md. Code Ann., GCS § 11-704(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An individual who participates in the work program shall receive a credit of at least the federal minimum wage per hour toward the fine or court costs.
# Md. Code Ann., GCS § 11-704(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-704 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–705
(a)
# Md. Code Ann., GCS § 11-705(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-705(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Administrator” means the Administrator of the Baltimore County detention facilities or the Administrator’s designee.
# Md. Code Ann., GCS § 11-705(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Leave” means authorized time away from a Baltimore County detention facility.
# Md. Code Ann., GCS § 11-705(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
“Participant” means an incarcerated individual in a Baltimore County detention facility who participates in a program under this section.
# Md. Code Ann., GCS § 11-705(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Baltimore County.
# Md. Code Ann., GCS § 11-705(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-705(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may establish and administer a work release program.
# Md. Code Ann., GCS § 11-705(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Administrator establishes a work release program, the Administrator shall establish:
# Md. Code Ann., GCS § 11-705(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
eligibility criteria for participation in the program; and
# Md. Code Ann., GCS § 11-705(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for each participant, a work release plan that includes the terms and conditions of the work release and employment.
# Md. Code Ann., GCS § 11-705(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-705(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Participation in the work release program is a privilege authorized by court.
# Md. Code Ann., GCS § 11-705(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This section does not create a right to participate in the work release program or to remain in the program after the participant has been suspended or removed from the program.
# Md. Code Ann., GCS § 11-705(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Administrator may recommend to a court that an individual participate in the work release program if:
# Md. Code Ann., GCS § 11-705(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the individual has applied to participate in the program; and
# Md. Code Ann., GCS § 11-705(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Administrator has approved the application.
# Md. Code Ann., GCS § 11-705(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
If the Administrator recommends participation in the work release program, a court may authorize an individual to participate in the program:
# Md. Code Ann., GCS § 11-705(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
when the court imposes a sentence;
# Md. Code Ann., GCS § 11-705(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
when the court commits an individual to the custody of a Baltimore County detention facility; or
# Md. Code Ann., GCS § 11-705(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
at any time during the individual’s confinement.
# Md. Code Ann., GCS § 11-705(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-705(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may suspend or remove a participant from the work release program:
# Md. Code Ann., GCS § 11-705(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
at any time;
# Md. Code Ann., GCS § 11-705(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
without prior approval from the court; and
# Md. Code Ann., GCS § 11-705(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
for any reason that the Administrator determines.
# Md. Code Ann., GCS § 11-705(g)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the work release program.
# Md. Code Ann., GCS § 11-705(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-705(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator shall collect each participant’s total earnings, less payroll deductions.
# Md. Code Ann., GCS § 11-705(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the participant’s earnings, the Administrator:
# Md. Code Ann., GCS § 11-705(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
may pay the reasonable cost to the county of providing food, lodging, and clothing for the participant;
# Md. Code Ann., GCS § 11-705(h)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
may make court–ordered payments for dependents;
# Md. Code Ann., GCS § 11-705(h)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
may pay court–ordered costs, fines, and restitution;
# Md. Code Ann., GCS § 11-705(h)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
if ordered by the court, may reimburse the State for the court–appointed counsel; and
# Md. Code Ann., GCS § 11-705(h)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
if ordered by the court, may reimburse the State for the services of the public defender.
# Md. Code Ann., GCS § 11-705(h)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Any balance that remains after payments are made under paragraph (2) of this subsection:
# Md. Code Ann., GCS § 11-705(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall be credited to an account held by the Administrator for the participant; and
# Md. Code Ann., GCS § 11-705(h)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
if the Administrator approves, shall be disposed of as requested by the participant.
# Md. Code Ann., GCS § 11-705(h)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Any balance remaining in the participant’s account when the participant is released from the detention facility shall be paid to the participant.
# Md. Code Ann., GCS § 11-705(h)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
A participant employed in the community under this section is not an agent or employee of Baltimore County, the Administrator, any judicial officer, or any other public officer of the county or State.
# Md. Code Ann., GCS § 11-705(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
The Administrator may charge a participant a reasonable fee in an amount not to exceed the actual costs incurred by the county for food, travel, and other expenses related to the participant’s participation in the work release program.
# Md. Code Ann., GCS § 11-705(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
# Md. Code Ann., GCS § 11-705(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may establish and administer a home detention program.
# Md. Code Ann., GCS § 11-705(k)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Administrator establishes a home detention program, the Administrator:
# Md. Code Ann., GCS § 11-705(k)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
shall establish eligibility criteria for participation in the program; and
# Md. Code Ann., GCS § 11-705(k)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
for each participant, shall establish a home detention plan that includes the terms and conditions of the home detention.
# Md. Code Ann., GCS § 11-705(k)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
# Md. Code Ann., GCS § 11-705(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Participation in the home detention program is a privilege authorized by court.
# Md. Code Ann., GCS § 11-705(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
This section does not create a right to participate in the home detention program or to remain in the program after the participant has been suspended or removed from the program.
# Md. Code Ann., GCS § 11-705(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
The Administrator may recommend to a court that an individual participate in the home detention program if:
# Md. Code Ann., GCS § 11-705(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the individual has applied to participate in the program;
# Md. Code Ann., GCS § 11-705(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
except for a violation of the Transportation Article or other traffic law or ordinance for which a penalty of incarceration is not authorized, the individual has no other charges pending in any municipal corporation, county, or state; and
# Md. Code Ann., GCS § 11-705(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
the Administrator has approved the application.
# Md. Code Ann., GCS § 11-705(m)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
If the Administrator recommends participation in the home detention program, a court may authorize an individual to participate in the program:
# Md. Code Ann., GCS § 11-705(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
after imposing a sentence; or
# Md. Code Ann., GCS § 11-705(n)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at any time during the individual’s confinement.
# Md. Code Ann., GCS § 11-705(n)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(o)
# Md. Code Ann., GCS § 11-705(o) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Administrator may suspend or remove a participant from the home detention program:
# Md. Code Ann., GCS § 11-705(o)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
at any time;
# Md. Code Ann., GCS § 11-705(o)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
without prior approval from the court; and
# Md. Code Ann., GCS § 11-705(o)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
for any reason that the Administrator determines.
# Md. Code Ann., GCS § 11-705(o)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Administrator shall notify the court within 15 days after the Administrator suspends or removes a participant from the home detention program.
# Md. Code Ann., GCS § 11-705(o)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(p)
A participant is not eligible for the home detention program if the participant:
# Md. Code Ann., GCS § 11-705(p) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-705(p)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has been found guilty of:
# Md. Code Ann., GCS § 11-705(p)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-705(p)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-705(p)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(q)
The Administrator may charge a reasonable fee for the actual cost of electronic supervision and other administrative costs of the program.
# Md. Code Ann., GCS § 11-705(q) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(r)
The Administrator may adopt regulations to carry out this section.
# Md. Code Ann., GCS § 11-705(r) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-705 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–706
(a)
This section applies only in Calvert County.
# Md. Code Ann., GCS § 11-706(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-706(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of sentencing or on a hearing of a motion for reconsideration of sentence, the court may sentence an individual who has been convicted of a crime to participate for a fixed period in the work release program at the Calvert County Detention Center.
# Md. Code Ann., GCS § 11-706(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After an incarcerated individual enters the work release program, the sentencing judge or, if the sentencing judge is unable to act, the judge of any court in the county may:
# Md. Code Ann., GCS § 11-706(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
order the release of the incarcerated individual from custody; and
# Md. Code Ann., GCS § 11-706(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
consider the supervisor’s recommendations and report of the incarcerated individual’s performance in making a determination to release the incarcerated individual.
# Md. Code Ann., GCS § 11-706(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to the directives and orders of the courts in the county, the supervisor of the county work release program shall establish and administer the work release program.
# Md. Code Ann., GCS § 11-706(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
During reasonable hours, an incarcerated individual in the work release program may leave confinement to:
# Md. Code Ann., GCS § 11-706(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
work at gainful employment;
# Md. Code Ann., GCS § 11-706(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
participate in an outside counseling or rehabilitative program; or
# Md. Code Ann., GCS § 11-706(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
obtain other services that the supervisor of the program considers necessary.
# Md. Code Ann., GCS § 11-706(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 11-706(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An incarcerated individual who is employed in accordance with this subsection shall surrender to the supervisor of the program the incarcerated individual’s total earnings, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-706(b)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
From the earnings of the incarcerated individual, the supervisor shall deduct and disburse in the following order of priority:
# Md. Code Ann., GCS § 11-706(b)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
food costs to the county;
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
lodging costs to the county;
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
travel costs to the county;
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
fines and costs imposed by the court;
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
amounts that the incarcerated individual is obligated to pay for support of a dependent; and
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6.)
court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-706(b)(5)(ii)(6.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The supervisor of the program may assist in the financial management of the incarcerated individual’s other bills and debts.
# Md. Code Ann., GCS § 11-706(b)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
The supervisor of the program shall:
# Md. Code Ann., GCS § 11-706(b)(5)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-706(b)(5)(iv)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
pay the balance in the incarcerated individual’s account to the incarcerated individual on final release from confinement.
# Md. Code Ann., GCS § 11-706(b)(5)(iv)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
An incarcerated individual employed in the community under this subsection is not an agent or employee of the county, the Sheriff, any judicial officer, or any public officer of the county.
# Md. Code Ann., GCS § 11-706(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
An incarcerated individual who violates a trust or a condition that the supervisor establishes for conduct and employment is subject to:
# Md. Code Ann., GCS § 11-706(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-706(b)(7)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-706(b)(7)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-706(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this subsection, “Program” means the Community Services Alternative Sentencing Program.
# Md. Code Ann., GCS § 11-706(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
There is a Community Services Alternative Sentencing Program in the county Department of Public Safety.
# Md. Code Ann., GCS § 11-706(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Program shall administer community service projects for individuals who are convicted of an offense and are referred to the Program by a court.
# Md. Code Ann., GCS § 11-706(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The County Commissioners may charge a reasonable fee to individuals who participate in the Program to help defray Program expenses.
# Md. Code Ann., GCS § 11-706(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-706(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 11-706(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An individual who is sentenced to participate in the substance abuse treatment program at the county treatment facility shall pay a per diem fee in an amount that the court determines to cover food, lodging, clothing, and other expenses incidental to participation in the treatment program.
# Md. Code Ann., GCS § 11-706(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
A court may waive part or all of the fee based on an individual’s ability to pay.
# Md. Code Ann., GCS § 11-706(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The county attorney may bring a civil action to collect any arrearage incidental to the per diem charge that remains unpaid 30 days after the individual’s discharge from the county treatment facility.
# Md. Code Ann., GCS § 11-706(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-706(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may:
# Md. Code Ann., GCS § 11-706(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-706(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to administer the program.
# Md. Code Ann., GCS § 11-706(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-706(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
appears before the court after being charged and detained on bond; and
# Md. Code Ann., GCS § 11-706(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets the eligibility requirements of paragraph (4) of this subsection.
# Md. Code Ann., GCS § 11-706(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-706(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An individual is eligible for the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-706(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended to the court for placement in the program by the program staff;
# Md. Code Ann., GCS § 11-706(e)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges for a felony or a violation of a crime of violence as defined in § 14–101 of the Criminal Law Article pending in any jurisdiction; and
# Md. Code Ann., GCS § 11-706(e)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is not in detention for or been previously convicted of:
# Md. Code Ann., GCS § 11-706(e)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a crime of violence listed in § 14–101 of the Criminal Law Article;
# Md. Code Ann., GCS § 11-706(e)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the crime of escape under § 9–404 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-706(e)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a crime under § 5–612, § 5–613, or § 5–614 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-706(e)(4)(iii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-706 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–707
(a)
This section applies only in Caroline County.
# Md. Code Ann., GCS § 11-707(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
While confined in the Caroline County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-707(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
court–ordered payments for restitution; and
# Md. Code Ann., GCS § 11-707(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the cost of the incarcerated individual’s food, lodging, and clothing.
# Md. Code Ann., GCS § 11-707(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Commissioners shall:
# Md. Code Ann., GCS § 11-707(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish the per diem rate for an incarcerated individual’s food, lodging, and clothing; and
# Md. Code Ann., GCS § 11-707(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
designate an agent to collect the costs specified in this section.
# Md. Code Ann., GCS § 11-707(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-707 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–708
(a)
This section applies only in Carroll County.
# Md. Code Ann., GCS § 11-708(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In this section, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-708(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-708(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may:
# Md. Code Ann., GCS § 11-708(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-708(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to administer the program.
# Md. Code Ann., GCS § 11-708(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-708(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
appears before the court after being charged and detained on bond; and
# Md. Code Ann., GCS § 11-708(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets the eligibility requirements of paragraph (4) of this subsection.
# Md. Code Ann., GCS § 11-708(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-708(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An individual is eligible for the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-708(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has no other charges pending in any jurisdiction for a crime of violence; and
# Md. Code Ann., GCS § 11-708(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is not in detention for:
# Md. Code Ann., GCS § 11-708(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a crime of violence; or
# Md. Code Ann., GCS § 11-708(c)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the crime of escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-708(c)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The Sheriff may:
# Md. Code Ann., GCS § 11-708(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect from each individual participating in the pretrial release program a reasonable fee for the cost of supervision and administration of the program; or
# Md. Code Ann., GCS § 11-708(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-708(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-708(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Office may establish a work release program.
# Md. Code Ann., GCS § 11-708(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the court may sentence the individual to participate in the work release program if the individual:
# Md. Code Ann., GCS § 11-708(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been sentenced to the custody of the Sheriff; and
# Md. Code Ann., GCS § 11-708(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction for a crime of violence.
# Md. Code Ann., GCS § 11-708(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual who has been sentenced to participate in the work release program may continue regular employment or obtain new employment.
# Md. Code Ann., GCS § 11-708(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
On approval of the Sheriff or Warden, an incarcerated individual who has been sentenced to the Carroll County Detention Center may leave the Detention Center to work, seek employment, obtain medical services, or participate in educational, rehabilitative, or training programs.
# Md. Code Ann., GCS § 11-708(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
An incarcerated individual who has been sentenced to the Carroll County Detention Center shall be confined to the Detention Center:
# Md. Code Ann., GCS § 11-708(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
except as provided in this subsection; or
# Md. Code Ann., GCS § 11-708(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
unless a court orders otherwise.
# Md. Code Ann., GCS § 11-708(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
An incarcerated individual who is employed under the work release program shall:
# Md. Code Ann., GCS § 11-708(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reimburse the Sheriff’s Office for:
# Md. Code Ann., GCS § 11-708(d)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the estimated cost to the Sheriff’s Office of food and lodging for the incarcerated individual; and
# Md. Code Ann., GCS § 11-708(d)(6)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
estimated expenses incurred by the Sheriff’s Office because of the participation of the incarcerated individual in the program; and
# Md. Code Ann., GCS § 11-708(d)(6)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
pay to the Sheriff court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-708(d)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
An incarcerated individual who violates a condition or provision of trust that a court, the Sheriff, or Sheriff’s designee establishes is subject to:
# Md. Code Ann., GCS § 11-708(d)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the work release program; and
# Md. Code Ann., GCS § 11-708(d)(7)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-708(d)(7)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-708(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-708(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-708(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the home detention program.
# Md. Code Ann., GCS § 11-708(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require an individual who is convicted of a crime and sentenced to imprisonment under the custody of the Sheriff to participate in the home detention program.
# Md. Code Ann., GCS § 11-708(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:
# Md. Code Ann., GCS § 11-708(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the sentencing judge recommends the incarcerated individual for sentencing to the home detention program; and
# Md. Code Ann., GCS § 11-708(e)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-708(e)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-708(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-708(e)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-708(e)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-708(e)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-708(e)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
While participating in the home detention program, an incarcerated individual is responsible for:
# Md. Code Ann., GCS § 11-708(e)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
medical care and related expenses; and
# Md. Code Ann., GCS § 11-708(e)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
costs of clothes, food, lodging, restitution, taxes, and transportation.
# Md. Code Ann., GCS § 11-708(e)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Sheriff may:
# Md. Code Ann., GCS § 11-708(e)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect from each incarcerated individual participating in the home detention program a reasonable fee for the cost of electronic supervision and administration of the program; or
# Md. Code Ann., GCS § 11-708(e)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-708(e)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The Sheriff may limit the number of incarcerated individuals in the home detention program.
# Md. Code Ann., GCS § 11-708(e)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-708 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–709
(a)
# Md. Code Ann., GCS § 11-709(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-709(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Sheriff” means the Sheriff of Cecil County.
# Md. Code Ann., GCS § 11-709(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Warden” means the Warden of the Cecil County Community Corrections Center.
# Md. Code Ann., GCS § 11-709(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Cecil County.
# Md. Code Ann., GCS § 11-709(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-709(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may establish programs for:
# Md. Code Ann., GCS § 11-709(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
home detention;
# Md. Code Ann., GCS § 11-709(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
pretrial release;
# Md. Code Ann., GCS § 11-709(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
work release; and
# Md. Code Ann., GCS § 11-709(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
prerelease.
# Md. Code Ann., GCS § 11-709(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-709(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Sheriff shall adopt regulations necessary to implement each program established under this section.
# Md. Code Ann., GCS § 11-709(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court supersedes the regulation.
# Md. Code Ann., GCS § 11-709(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-709(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:
# Md. Code Ann., GCS § 11-709(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is sentenced to the custody of the Warden; and
# Md. Code Ann., GCS § 11-709(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other felony charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-709(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual designated to participate in a program under this section may leave the Community Corrections Center to:
# Md. Code Ann., GCS § 11-709(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
continue regular employment;
# Md. Code Ann., GCS § 11-709(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
seek new employment;
# Md. Code Ann., GCS § 11-709(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
attend court–ordered treatment appointments;
# Md. Code Ann., GCS § 11-709(d)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
undergo intensive counseling;
# Md. Code Ann., GCS § 11-709(d)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
pursue academic education; or
# Md. Code Ann., GCS § 11-709(d)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
use other community resources or participate in other activities for the purpose of rehabilitation.
# Md. Code Ann., GCS § 11-709(d)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
The Sheriff may charge an incarcerated individual participating in a program established under this section a reasonable program participation fee to pay for the costs incurred by the county for the management and administration of the program.
# Md. Code Ann., GCS § 11-709(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-709(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual violates a trust or a condition that a court or the Sheriff has established for participating in a program under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.
# Md. Code Ann., GCS § 11-709(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who violates a trust or condition that a court or the Sheriff has established for participating in a program established under this section is subject to:
# Md. Code Ann., GCS § 11-709(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-709(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-709(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-709 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–710
(a)
This section applies only in Charles County.
# Md. Code Ann., GCS § 11-710(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
While confined in the Charles County Detention Center, an incarcerated individual employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-710(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
court–ordered payments for restitution; and
# Md. Code Ann., GCS § 11-710(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
an amount not to exceed one–third of the incarcerated individual’s net earnings for the cost to Charles County of providing food, lodging, electronic monitoring devices, and clothing for the incarcerated individual.
# Md. Code Ann., GCS § 11-710(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The Charles County Sheriff shall:
# Md. Code Ann., GCS § 11-710(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish the per diem rate for an incarcerated individual’s food, lodging, electronic monitoring, and clothing; and
# Md. Code Ann., GCS § 11-710(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
designate an agent to collect the costs specified in this section.
# Md. Code Ann., GCS § 11-710(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Sheriff’s designee shall deliver the amounts collected under subsection (b)(2) of this section to the Charles County Treasurer.
# Md. Code Ann., GCS § 11-710(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-710(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a community service program in the county.
# Md. Code Ann., GCS § 11-710(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order a person to participate in the community service program if the person:
# Md. Code Ann., GCS § 11-710(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been convicted of a criminal offense or received probation before judgment for a criminal offense; and
# Md. Code Ann., GCS § 11-710(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
is recommended to the court for placement in the program by the program staff.
# Md. Code Ann., GCS § 11-710(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-710(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
A community service program established under this subsection may charge a fee not exceeding $40 for each 8–hour period of community service.
# Md. Code Ann., GCS § 11-710(e)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The court may waive all or part of a fee charged under this paragraph.
# Md. Code Ann., GCS § 11-710(e)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The community service program staff shall report to the court when a person has completed or failed to complete community service in the program.
# Md. Code Ann., GCS § 11-710(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-710(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to the requirements of this subsection, the Board of County Commissioners may establish and provide for the administration of a pretrial release program in the county.
# Md. Code Ann., GCS § 11-710(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order a person to participate in the pretrial release program if the person appears before the court after being charged with a criminal offense and detained.
# Md. Code Ann., GCS § 11-710(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-710(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The court may order participation at any time during pretrial detention of a person.
# Md. Code Ann., GCS § 11-710(f)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The court shall require a person to comply with all rules and conditions of supervision for the program if the court orders the person to participate in the program.
# Md. Code Ann., GCS § 11-710(f)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Staff of the pretrial release program shall:
# Md. Code Ann., GCS § 11-710(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
assess each person referred for assessment to the program by the court;
# Md. Code Ann., GCS § 11-710(f)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
develop standards and criteria for recommended levels of supervision for the program;
# Md. Code Ann., GCS § 11-710(f)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
make recommendations to the court regarding placement of a person in the program, including whether the person is suitable for placement in the program, based on supervision levels developed under item (ii) of this paragraph;
# Md. Code Ann., GCS § 11-710(f)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
supervise each person ordered to participate in the program; and
# Md. Code Ann., GCS § 11-710(f)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
immediately report to the court any violation of a condition established by the court or the program.
# Md. Code Ann., GCS § 11-710(f)(4)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
Supervision in the pretrial release program may include the use of electronic monitoring and drug and alcohol testing.
# Md. Code Ann., GCS § 11-710(f)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
For each person ordered to participate in the pretrial release program under this subsection, the Board of County Commissioners and the Sheriff may enter into an agreement providing for the following services to be performed:
# Md. Code Ann., GCS § 11-710(f)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
drug and alcohol testing;
# Md. Code Ann., GCS § 11-710(f)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
electronic monitoring;
# Md. Code Ann., GCS § 11-710(f)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
conducting meetings with each person ordered to participate in the program; and
# Md. Code Ann., GCS § 11-710(f)(6)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
notification by the Sheriff to staff of the pretrial release program of any violations.
# Md. Code Ann., GCS § 11-710(f)(6)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
Staff of the pretrial release program shall immediately report to the court any violations of a person’s pretrial release.
# Md. Code Ann., GCS § 11-710(f)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
A person who violates a condition established by the court or the program is subject to removal from the program.
# Md. Code Ann., GCS § 11-710(f)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-710 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–711
(a)
In this section, “warden” means the warden of the Dorchester County Department of Corrections.
# Md. Code Ann., GCS § 11-711(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Dorchester County.
# Md. Code Ann., GCS § 11-711(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Commissioners may establish under the County Department of Corrections programs for:
# Md. Code Ann., GCS § 11-711(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
community service;
# Md. Code Ann., GCS § 11-711(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
home detention;
# Md. Code Ann., GCS § 11-711(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
pretrial release; and
# Md. Code Ann., GCS § 11-711(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
work release.
# Md. Code Ann., GCS § 11-711(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The County Commissioners shall adopt regulations necessary to implement each program established under this section.
# Md. Code Ann., GCS § 11-711(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in a program established under this section if the individual:
# Md. Code Ann., GCS § 11-711(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is sentenced to the custody of the warden; and
# Md. Code Ann., GCS § 11-711(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-711(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An incarcerated individual designated to participate in a program under this section may leave the detention center to:
# Md. Code Ann., GCS § 11-711(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
continue regular employment; or
# Md. Code Ann., GCS § 11-711(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
seek new employment.
# Md. Code Ann., GCS § 11-711(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-711(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
# Md. Code Ann., GCS § 11-711(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount that:
# Md. Code Ann., GCS § 11-711(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the warden determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-711(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-711(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-711(g)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and
# Md. Code Ann., GCS § 11-711(g)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a court orders the incarcerated individual to repay to the State or the County for the services of an attorney appointed by the court.
# Md. Code Ann., GCS § 11-711(g)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The warden shall:
# Md. Code Ann., GCS § 11-711(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-711(g)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
dispose of the balance in the incarcerated individual’s account as the individual reasonably requests and as the warden approves.
# Md. Code Ann., GCS § 11-711(g)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-711(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes for participation in a program under this section, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-711(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-711(h)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-711(h)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
# Md. Code Ann., GCS § 11-711(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an incarcerated individual violates a trust or a condition that the court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.
# Md. Code Ann., GCS § 11-711(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 11-711(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:
# Md. Code Ann., GCS § 11-711(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
to visit a seriously ill member of the incarcerated individual’s immediate family; or
# Md. Code Ann., GCS § 11-711(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
to attend the viewing or funeral of a member of the incarcerated individual’s immediate family.
# Md. Code Ann., GCS § 11-711(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) and (2) of this section.
# Md. Code Ann., GCS § 11-711(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the County Department of Corrections for any expenses that the Department incurs in granting the leave.
# Md. Code Ann., GCS § 11-711(i)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The warden shall adopt regulations necessary to carry out this subsection.
# Md. Code Ann., GCS § 11-711(i)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-711 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–712
(a)
This section applies only in Frederick County.
# Md. Code Ann., GCS § 11-712(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-712(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-712(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-712(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to administer the program.
# Md. Code Ann., GCS § 11-712(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program, if the individual:
# Md. Code Ann., GCS § 11-712(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
appears before the court after being charged and detained on bond; and
# Md. Code Ann., GCS § 11-712(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets the eligibility requirements of paragraph (4) of this subsection.
# Md. Code Ann., GCS § 11-712(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may make the order at the imposition of bond, on review of bond, or any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-712(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An individual is eligible for the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-712(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended to the court for placement in the program by the program staff;
# Md. Code Ann., GCS § 11-712(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction; and
# Md. Code Ann., GCS § 11-712(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is not in detention for:
# Md. Code Ann., GCS § 11-712(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a crime of violence; or
# Md. Code Ann., GCS § 11-712(b)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the crime of escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-712(b)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-712(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Department may:
# Md. Code Ann., GCS § 11-712(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and direct a work release program; and
# Md. Code Ann., GCS § 11-712(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt guidelines for the operation of the program.
# Md. Code Ann., GCS § 11-712(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-712(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
# Md. Code Ann., GCS § 11-712(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order that the incarcerated individual participate in the work release program.
# Md. Code Ann., GCS § 11-712(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
# Md. Code Ann., GCS § 11-712(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
work at gainful, private employment;
# Md. Code Ann., GCS § 11-712(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
seek gainful, private employment; or
# Md. Code Ann., GCS § 11-712(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
participate in an educational, rehabilitative, or training program in the county.
# Md. Code Ann., GCS § 11-712(c)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
# Md. Code Ann., GCS § 11-712(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 11-712(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Sheriff or Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-712(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
# Md. Code Ann., GCS § 11-712(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-712(c)(5)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-712(c)(5)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
any amount a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-712(c)(5)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
# Md. Code Ann., GCS § 11-712(c)(5)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
# Md. Code Ann., GCS § 11-712(c)(5)(ii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Sheriff shall:
# Md. Code Ann., GCS § 11-712(c)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
credit to the incarcerated individual’s account the remaining balance; and
# Md. Code Ann., GCS § 11-712(c)(5)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
# Md. Code Ann., GCS § 11-712(c)(5)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-712(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the work release program; and
# Md. Code Ann., GCS § 11-712(c)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-712(c)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-712(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-712(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-712(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the program.
# Md. Code Ann., GCS § 11-712(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may require that the individual participate in the home detention program.
# Md. Code Ann., GCS § 11-712(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual is eligible for the home detention program if:
# Md. Code Ann., GCS § 11-712(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the sentencing judge recommended that the incarcerated individual participate in the program; and
# Md. Code Ann., GCS § 11-712(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the individual has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-712(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-712(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-712(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-712(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-712(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-712(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-712 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–713
(a)
This section applies only in Garrett County.
# Md. Code Ann., GCS § 11-713(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-713(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may:
# Md. Code Ann., GCS § 11-713(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a pretrial release program that offers alternatives to pretrial detention; and
# Md. Code Ann., GCS § 11-713(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations to administer the program.
# Md. Code Ann., GCS § 11-713(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may order an individual to participate in the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-713(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
appears before the court after being charged and detained on bond; and
# Md. Code Ann., GCS § 11-713(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets the eligibility requirements of paragraph (4) of this subsection.
# Md. Code Ann., GCS § 11-713(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The court may make the order at the imposition of bond, on review of bond, or at any other time during the individual’s pretrial detention.
# Md. Code Ann., GCS § 11-713(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An individual is eligible for the pretrial release program if the individual:
# Md. Code Ann., GCS § 11-713(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended to the court for placement in the program by the program staff;
# Md. Code Ann., GCS § 11-713(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction; and
# Md. Code Ann., GCS § 11-713(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
is not in detention for:
# Md. Code Ann., GCS § 11-713(b)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a crime of violence as defined in § 14–101 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-713(b)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the crime of escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-713(b)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-713(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Office may:
# Md. Code Ann., GCS § 11-713(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and direct a work release program; and
# Md. Code Ann., GCS § 11-713(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt guidelines for the operation of the program.
# Md. Code Ann., GCS § 11-713(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-713(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.
# Md. Code Ann., GCS § 11-713(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order the incarcerated individual to participate in the work release program.
# Md. Code Ann., GCS § 11-713(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:
# Md. Code Ann., GCS § 11-713(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
work at gainful, private employment; or
# Md. Code Ann., GCS § 11-713(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
participate in an educational, rehabilitative, or training program in the county.
# Md. Code Ann., GCS § 11-713(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.
# Md. Code Ann., GCS § 11-713(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
# Md. Code Ann., GCS § 11-713(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.
# Md. Code Ann., GCS § 11-713(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:
# Md. Code Ann., GCS § 11-713(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-713(c)(5)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-713(c)(5)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
any amount a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-713(c)(5)(ii)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4.)
any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and
# Md. Code Ann., GCS § 11-713(c)(5)(ii)(4.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5.)
if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
# Md. Code Ann., GCS § 11-713(c)(5)(ii)(5.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
The Sheriff shall:
# Md. Code Ann., GCS § 11-713(c)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
credit to the incarcerated individual’s account the remaining balance; and
# Md. Code Ann., GCS § 11-713(c)(5)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.
# Md. Code Ann., GCS § 11-713(c)(5)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-713(c)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the work release program; and
# Md. Code Ann., GCS § 11-713(c)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-713(c)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-713(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-713(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-713(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the program.
# Md. Code Ann., GCS § 11-713(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.
# Md. Code Ann., GCS § 11-713(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-713(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended for the program by the sentencing judge; and
# Md. Code Ann., GCS § 11-713(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-713(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-713(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-713(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-713(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-713(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-713(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
While participating in the home detention program, an incarcerated individual is responsible for:
# Md. Code Ann., GCS § 11-713(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual’s medical care and related expenses; and
# Md. Code Ann., GCS § 11-713(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
costs of lodging, food, clothing, transportation, restitution, and taxes.
# Md. Code Ann., GCS § 11-713(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Sheriff may:
# Md. Code Ann., GCS § 11-713(d)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect a reasonable fee from each incarcerated individual participating in the home detention program; or
# Md. Code Ann., GCS § 11-713(d)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-713(d)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.
# Md. Code Ann., GCS § 11-713(d)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
# Md. Code Ann., GCS § 11-713(d)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-713 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–714
(a)
This section applies only in Harford County.
# Md. Code Ann., GCS § 11-714(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-714(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in one of the activities specified in paragraph (2) of this subsection during the individual’s confinement.
# Md. Code Ann., GCS § 11-714(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who is allowed to do so under paragraph (1) of this subsection may:
# Md. Code Ann., GCS § 11-714(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
continue regular employment;
# Md. Code Ann., GCS § 11-714(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
obtain new employment;
# Md. Code Ann., GCS § 11-714(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
participate in a training or rehabilitation program; or
# Md. Code Ann., GCS § 11-714(b)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
attend an educational institution in the county.
# Md. Code Ann., GCS § 11-714(b)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-714(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The sentencing judge may require that the incarcerated individual comply with the terms and conditions that the judge considers appropriate.
# Md. Code Ann., GCS § 11-714(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The incarcerated individual’s participation in an authorized activity may not affect the length of the incarcerated individual’s sentence.
# Md. Code Ann., GCS § 11-714(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-714(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The county government shall cooperate in and provide fiscal support for a work release program as provided under subsection (b) of this section.
# Md. Code Ann., GCS § 11-714(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Subject to subsection (b) of this section, an incarcerated individual of a local correctional facility who participates in the work release program may leave actual confinement:
# Md. Code Ann., GCS § 11-714(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
at necessary and reasonable times, to work at gainful, private employment; or
# Md. Code Ann., GCS § 11-714(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
under appropriate conditions, to seek gainful, private employment.
# Md. Code Ann., GCS § 11-714(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Unless the committing court directs otherwise, an incarcerated individual shall be confined in the local correctional facility when not participating in the work release program.
# Md. Code Ann., GCS § 11-714(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual who participates in the work release program shall surrender to the Sheriff:
# Md. Code Ann., GCS § 11-714(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a reasonable fee, as determined by the Sheriff, for the cost of providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-714(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the actual cost of necessary food, travel, and other expenses incidental to the participation by the incarcerated individual in the program; and
# Md. Code Ann., GCS § 11-714(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-714(c)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
If an incarcerated individual in the work release program violates a trust or a condition that the court establishes for conduct or employment, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-714(c)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-714(c)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-714(c)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-714(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-714(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer a home detention program; and
# Md. Code Ann., GCS § 11-714(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations for the program.
# Md. Code Ann., GCS § 11-714(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in the home detention program.
# Md. Code Ann., GCS § 11-714(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:
# Md. Code Ann., GCS § 11-714(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the sentencing judge recommends that the incarcerated individual participate in the program; and
# Md. Code Ann., GCS § 11-714(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the incarcerated individual has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-714(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible for the home detention program if the incarcerated individual:
# Md. Code Ann., GCS § 11-714(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is serving a sentence for a crime of violence; or
# Md. Code Ann., GCS § 11-714(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-714(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-714(d)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-714(d)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-714 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–715
(a)
# Md. Code Ann., GCS § 11-715(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In this section the following terms have the meanings indicated.
# Md. Code Ann., GCS § 11-715(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Department” means the Howard County Department of Correction.
# Md. Code Ann., GCS § 11-715(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
“Director” means the Director of the Howard County Department of Correction.
# Md. Code Ann., GCS § 11-715(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Howard County.
# Md. Code Ann., GCS § 11-715(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-715(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Department may establish programs for:
# Md. Code Ann., GCS § 11-715(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
work release;
# Md. Code Ann., GCS § 11-715(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
community service; and
# Md. Code Ann., GCS § 11-715(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
pretrial services.
# Md. Code Ann., GCS § 11-715(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A program established under this section may include an incarcerated individual’s participation in a program of employment, rehabilitation, training, education, or home detention.
# Md. Code Ann., GCS § 11-715(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director may adopt regulations relating to the operation of a program established under this section.
# Md. Code Ann., GCS § 11-715(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-715(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of sentencing or at any time during an individual’s confinement, the sentencing judge if available, or otherwise the court may allow an individual to participate in a program established under this section if the individual:
# Md. Code Ann., GCS § 11-715(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
has been sentenced to the custody of the Department; and
# Md. Code Ann., GCS § 11-715(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges pending in any jurisdiction for a crime of violence as defined under § 14–101 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-715(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Department approves, an incarcerated individual in the custody of the Howard County Detention Center may leave the Center to participate in a program established under this section.
# Md. Code Ann., GCS § 11-715(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual who has been designated to participate in a program established under this section may:
# Md. Code Ann., GCS § 11-715(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
continue regular employment; or
# Md. Code Ann., GCS § 11-715(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
obtain new employment.
# Md. Code Ann., GCS § 11-715(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual who has been sentenced to the custody of the Department shall be confined to the Howard County Detention Center:
# Md. Code Ann., GCS § 11-715(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
except as provided in this section; or
# Md. Code Ann., GCS § 11-715(d)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
unless a court orders otherwise.
# Md. Code Ann., GCS § 11-715(d)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
An incarcerated individual who is employed while in a program established under this section shall:
# Md. Code Ann., GCS § 11-715(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
reimburse the Department by paying a fee based on:
# Md. Code Ann., GCS § 11-715(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Department’s estimated cost of providing food and lodging to the incarcerated individual; and
# Md. Code Ann., GCS § 11-715(e)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the estimated expenses incurred by the Department because of the incarcerated individual’s participation in the program; and
# Md. Code Ann., GCS § 11-715(e)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
pay to the Director court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-715(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An incarcerated individual employed in the community under this section is not an agent or employee of the county, the Director, the court or any judicial officer, or any public officer of the county.
# Md. Code Ann., GCS § 11-715(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
An incarcerated individual who violates a condition or provision of trust that the court or the Department establishes is subject to:
# Md. Code Ann., GCS § 11-715(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
removal from the program; and
# Md. Code Ann., GCS § 11-715(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-715(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-715 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–716
(a)
In this section, “warden” means the warden of the Kent County Detention Center.
# Md. Code Ann., GCS § 11-716(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Kent County.
# Md. Code Ann., GCS § 11-716(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Commissioners may establish under the Kent County Detention Center programs for:
# Md. Code Ann., GCS § 11-716(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
community service;
# Md. Code Ann., GCS § 11-716(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
home detention;
# Md. Code Ann., GCS § 11-716(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
pretrial release; and
# Md. Code Ann., GCS § 11-716(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
work release.
# Md. Code Ann., GCS § 11-716(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The County Commissioners shall adopt regulations necessary to implement each program established under this section.
# Md. Code Ann., GCS § 11-716(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual to participate in any program established under this section if the individual:
# Md. Code Ann., GCS § 11-716(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is sentenced to the custody of the warden; and
# Md. Code Ann., GCS § 11-716(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-716(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An incarcerated individual designated to participate in a program under this section may leave the Kent County Detention Center to:
# Md. Code Ann., GCS § 11-716(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
continue regular employment;
# Md. Code Ann., GCS § 11-716(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
seek new employment; or
# Md. Code Ann., GCS § 11-716(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
receive therapy for drug or alcohol addiction.
# Md. Code Ann., GCS § 11-716(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-716(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
# Md. Code Ann., GCS § 11-716(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount:
# Md. Code Ann., GCS § 11-716(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the warden determines to be the cost to the county for providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-716(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the county actually incurs for necessary food, travel, and other expenses incidental to participation by the incarcerated individual in the program;
# Md. Code Ann., GCS § 11-716(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-716(g)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and
# Md. Code Ann., GCS § 11-716(g)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.
# Md. Code Ann., GCS § 11-716(g)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The warden shall:
# Md. Code Ann., GCS § 11-716(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-716(g)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the warden approves.
# Md. Code Ann., GCS § 11-716(g)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-716(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual violates a trust or a condition that the court or the Kent County Detention Center establishes for conduct or employment, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-716(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from a program specified in subsection (c) of this section; and
# Md. Code Ann., GCS § 11-716(h)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-716(h)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
# Md. Code Ann., GCS § 11-716(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an incarcerated individual violates a trust or a condition that a court or the detention center establishes, the Kent County Detention Center shall notify the sentencing court in writing of the violation.
# Md. Code Ann., GCS § 11-716(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 11-716(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Incarcerated individuals of the Kent County Detention Center who are employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-716(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
court–ordered payments for restitution; and
# Md. Code Ann., GCS § 11-716(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the reasonable cost of the food, lodging, and clothing of the incarcerated individual.
# Md. Code Ann., GCS § 11-716(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The County Commissioners shall:
# Md. Code Ann., GCS § 11-716(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and
# Md. Code Ann., GCS § 11-716(i)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
designate the warden as the agent to collect these costs.
# Md. Code Ann., GCS § 11-716(i)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 11-716(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, the county may collect from an incarcerated individual who is sentenced to the Kent County Detention Center for nonconsecutive periods of 48 hours or less an amount determined to be the average cost to the county of providing food, lodging, and clothing for the incarcerated individual.
# Md. Code Ann., GCS § 11-716(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A court may waive any or all of the charge specified in paragraph (1) of this subsection.
# Md. Code Ann., GCS § 11-716(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
# Md. Code Ann., GCS § 11-716(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the Kent County Detention Center:
# Md. Code Ann., GCS § 11-716(k)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
to visit a seriously ill member of the immediate family of the incarcerated individual; or
# Md. Code Ann., GCS § 11-716(k)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
to attend a viewing or funeral of a member of the immediate family of the incarcerated individual.
# Md. Code Ann., GCS § 11-716(k)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who is granted compassionate leave may be required to reimburse the Kent County Detention Center for any expenses that the detention center incurs in granting the leave.
# Md. Code Ann., GCS § 11-716(k)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The warden shall adopt regulations necessary to carry out this subsection.
# Md. Code Ann., GCS § 11-716(k)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-716 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–717
(a)
In this section, “Director” means the Director of the Montgomery County Department of Correction and Rehabilitation.
# Md. Code Ann., GCS § 11-717(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Montgomery County.
# Md. Code Ann., GCS § 11-717(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-717(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The County Council shall establish work release and prerelease programs in accordance with this section.
# Md. Code Ann., GCS § 11-717(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A work release or prerelease program shall provide that an incarcerated individual of the County Department of Correction and Rehabilitation, on approval of the Director, may leave confinement during necessary and reasonable hours to seek or work at gainful employment and to participate in other rehabilitative activities, including:
# Md. Code Ann., GCS § 11-717(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
intensive counseling;
# Md. Code Ann., GCS § 11-717(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
academic education;
# Md. Code Ann., GCS § 11-717(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
home visitation;
# Md. Code Ann., GCS § 11-717(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
transitional phased release programs; and
# Md. Code Ann., GCS § 11-717(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
maximum use of other community resources or other similar rehabilitative activities.
# Md. Code Ann., GCS § 11-717(c)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-717(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At any time during the confinement of an incarcerated individual of the County Department of Correction and Rehabilitation, the judge who ordered the confinement or, if that judge is unable to act, another judge of the committing court, may approve the transfer of the incarcerated individual to the work release/prerelease center to participate in a work release or prerelease program:
# Md. Code Ann., GCS § 11-717(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
in accordance with the selection requirements and programs established by the County Council; and
# Md. Code Ann., GCS § 11-717(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
after a recommendation by the Director or the Director’s designee.
# Md. Code Ann., GCS § 11-717(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
After the incarcerated individual enters the work release or prerelease program, the judge who ordered confinement or, if that judge is unable to act, another judge of the committing court, may order the release of the incarcerated individual from custody based on:
# Md. Code Ann., GCS § 11-717(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the recommendation of the Director or Director’s designee; and
# Md. Code Ann., GCS § 11-717(d)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the report of the incarcerated individual’s performance in the work release or prerelease program.
# Md. Code Ann., GCS § 11-717(d)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
When not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the prerelease center unless the committing court directs otherwise.
# Md. Code Ann., GCS § 11-717(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-717(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Director or the Director’s designee shall collect the earnings of an incarcerated individual participating in a work release or prerelease program under this section, less any payroll deduction required by law.
# Md. Code Ann., GCS § 11-717(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the earnings of the incarcerated individual, the Director may deduct:
# Md. Code Ann., GCS § 11-717(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the amount determined to be the cost to the county of providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-717(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-717(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent;
# Md. Code Ann., GCS § 11-717(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
if applicable, a reasonable amount to repay the State or the county for an attorney appointed by the court; and
# Md. Code Ann., GCS § 11-717(e)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-717(e)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director shall:
# Md. Code Ann., GCS § 11-717(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-717(e)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual requests and the Director approves.
# Md. Code Ann., GCS § 11-717(e)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-717(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual violates a trust or a condition that the County Council establishes for conduct or employment, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-717(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-717(f)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-717(f)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If an incarcerated individual violates a condition or a term of the program and the Director or the Director’s designee removes the incarcerated individual from the program because of the violation, a judge of the committing court may redesignate the Division of Correction as the agency of custody for the remaining term of the incarcerated individual’s confinement.
# Md. Code Ann., GCS § 11-717(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-717(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The County Department of Correction and Rehabilitation shall provide all work release, prerelease, and similar services to county residents who are sentenced to the jurisdiction of the Division of Correction.
# Md. Code Ann., GCS § 11-717(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Commissioner of Correction may transfer to the County Department of Correction and Rehabilitation only those eligible individuals who are screened and recommended for approval for the work release or prerelease program, or both programs, by both correctional agencies.
# Md. Code Ann., GCS § 11-717(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The county facilities shall operate in accordance with general operational standards that the Commissioner of Correction approves.
# Md. Code Ann., GCS § 11-717(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The County Department of Correction and Rehabilitation and the Division of Correction shall negotiate a contract each year that provides for State reimbursement on a per diem basis for operational costs to the county for providing the community correctional services described in this section to incarcerated individuals sentenced to the Division of Correction and confined in the County Department of Correction and Rehabilitation.
# Md. Code Ann., GCS § 11-717(g)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-717 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–718
(a)
In this section, “administrator” means an administrator of a county detention center.
# Md. Code Ann., GCS § 11-718(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Prince George’s County.
# Md. Code Ann., GCS § 11-718(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-718(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Subject to paragraph (2) of this subsection, an administrator may allow an incarcerated individual sentenced to imprisonment in a detention center after being convicted of a crime or found in contempt of court to leave actual confinement to:
# Md. Code Ann., GCS § 11-718(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
seek or work at gainful, private employment;
# Md. Code Ann., GCS § 11-718(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
participate in a training or rehabilitation program; or
# Md. Code Ann., GCS § 11-718(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
attend educational or vocational institutions in the county.
# Md. Code Ann., GCS § 11-718(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The administrator may allow the incarcerated individual to leave confinement:
# Md. Code Ann., GCS § 11-718(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
in accordance with established programs;
# Md. Code Ann., GCS § 11-718(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
during necessary and reasonable hours; and
# Md. Code Ann., GCS § 11-718(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
after determining that the incarcerated individual is eligible for the program and recommending it to and receiving written approval from the sentencing or administrative judge.
# Md. Code Ann., GCS § 11-718(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-718(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The administrator shall adopt guidelines and rules for the conduct of the work release program that shall:
# Md. Code Ann., GCS § 11-718(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
take into consideration the security of the detention center and the safety of the public; and
# Md. Code Ann., GCS § 11-718(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
conform with conditions that a sentencing or administrative judge may impose in a particular case.
# Md. Code Ann., GCS § 11-718(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
When an incarcerated individual is not employed or otherwise participating in a work release program, the incarcerated individual shall be confined in the detention center in the same manner as any other incarcerated individual committed to the custody of the administrator.
# Md. Code Ann., GCS § 11-718(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an incarcerated individual violates a trust or a condition that the administrator establishes in the rules for conduct or employment, the incarcerated individual is:
# Md. Code Ann., GCS § 11-718(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
subject to removal from the work release program; and
# Md. Code Ann., GCS § 11-718(d)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
after an administrative hearing, subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-718(d)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-718(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The authorized representative of a detention center shall collect the earnings of an incarcerated individual, less any payroll deductions.
# Md. Code Ann., GCS § 11-718(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the earnings of the incarcerated individual, the authorized representative of the detention center shall deduct:
# Md. Code Ann., GCS § 11-718(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-718(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
actual and necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-718(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
an amount the incarcerated individual is legally obligated or desires to pay for the support of a dependent; and
# Md. Code Ann., GCS § 11-718(e)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
court–ordered payments for restitution.
# Md. Code Ann., GCS § 11-718(e)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The authorized representative of the detention center shall credit to the incarcerated individual’s account any remaining balance.
# Md. Code Ann., GCS § 11-718(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-718(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
An administrator may develop educational and vocational programs to further the educational and vocational training of an incarcerated individual sentenced to the detention center.
# Md. Code Ann., GCS § 11-718(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-718(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The administrator shall adopt regulations to govern the conduct and participation of an incarcerated individual in an educational or vocational program as necessary for the security of the detention center and the safety of the public.
# Md. Code Ann., GCS § 11-718(f)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If an incarcerated individual violates a trust or a condition that the administrator establishes for conduct during participation in an educational or vocational program, the incarcerated individual:
# Md. Code Ann., GCS § 11-718(f)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
is subject to removal from the program, with notice to the sentencing judge; and
# Md. Code Ann., GCS § 11-718(f)(2)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
after an administrative hearing, is subject to cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-718(f)(2)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-718 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–719
(a)
This section applies only in Queen Anne’s County.
# Md. Code Ann., GCS § 11-719(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
While confined in the Queen Anne’s County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-719(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
court–ordered payments, including restitution payments; and
# Md. Code Ann., GCS § 11-719(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the reasonable cost of the food, lodging, and clothing of the incarcerated individual.
# Md. Code Ann., GCS § 11-719(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Commissioners shall:
# Md. Code Ann., GCS § 11-719(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and
# Md. Code Ann., GCS § 11-719(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
designate the Warden of the Queen Anne’s County Jail as the agent to collect the costs and payments specified in this section.
# Md. Code Ann., GCS § 11-719(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-719 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–720
(a)
This section applies only in St. Mary’s County.
# Md. Code Ann., GCS § 11-720(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-720(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may establish:
# Md. Code Ann., GCS § 11-720(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a home detention program;
# Md. Code Ann., GCS § 11-720(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a day reporting program;
# Md. Code Ann., GCS § 11-720(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a work release program;
# Md. Code Ann., GCS § 11-720(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
an in–patient treatment program;
# Md. Code Ann., GCS § 11-720(b)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a pretrial release supervision program; and
# Md. Code Ann., GCS § 11-720(b)(1)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
a prerelease program.
# Md. Code Ann., GCS § 11-720(b)(1)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-720(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
If the Sheriff establishes a program under this section, the Sheriff shall adopt regulations necessary to implement each program established.
# Md. Code Ann., GCS § 11-720(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If a condition that a court imposes on an individual is inconsistent with a regulation adopted under this subsection, the condition imposed by the court controls as to that individual.
# Md. Code Ann., GCS § 11-720(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-720(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
At the time of a court proceeding or at any time during an individual’s participation in a program, the court may allow the individual to participate in any program established under this section if the individual:
# Md. Code Ann., GCS § 11-720(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is court–ordered to the custody of the Sheriff; and
# Md. Code Ann., GCS § 11-720(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has no other charges for a felony or a crime of violence as defined in § 14–101 of the Criminal Law Article pending in any jurisdiction.
# Md. Code Ann., GCS § 11-720(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An individual who is participating in any program established under this section and who is authorized to participate in a St. Mary’s County Detention and Rehabilitation Center program may, with the approval of the Sheriff or the Sheriff’s designee:
# Md. Code Ann., GCS § 11-720(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
continue regular employment;
# Md. Code Ann., GCS § 11-720(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
seek new employment;
# Md. Code Ann., GCS § 11-720(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
attend any court–ordered treatment appointments;
# Md. Code Ann., GCS § 11-720(c)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
receive intensive counseling;
# Md. Code Ann., GCS § 11-720(c)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
obtain academic education; or
# Md. Code Ann., GCS § 11-720(c)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
maximize use of other community resources or other similar rehabilitative activities.
# Md. Code Ann., GCS § 11-720(c)(2)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The Sheriff or the Sheriff’s designee may direct an individual participating in a program established under this section to provide proof that the individual has made payments toward any of the following obligations:
# Md. Code Ann., GCS § 11-720(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
an amount the individual is legally obligated to pay for the support of a dependent;
# Md. Code Ann., GCS § 11-720(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
court–ordered payments for restitution; or
# Md. Code Ann., GCS § 11-720(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
court–ordered fees or fines.
# Md. Code Ann., GCS § 11-720(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-720(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an individual violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section, the Sheriff or the Sheriff’s designee shall notify the court in writing of the violation.
# Md. Code Ann., GCS § 11-720(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An individual who violates a trust or a condition that a court or Sheriff has established for participating in any program established under this section is subject to:
# Md. Code Ann., GCS § 11-720(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-720(e)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the individual’s term of confinement.
# Md. Code Ann., GCS § 11-720(e)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-720 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–722
(a)
This section applies only in Talbot County.
# Md. Code Ann., GCS § 11-722(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
While confined in the Talbot County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-722(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
court–ordered payments for restitution; and
# Md. Code Ann., GCS § 11-722(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the cost of the food, lodging, and clothing of the incarcerated individual.
# Md. Code Ann., GCS § 11-722(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Council shall:
# Md. Code Ann., GCS § 11-722(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish the per diem rate for the food, lodging, and clothing of an incarcerated individual; and
# Md. Code Ann., GCS § 11-722(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
designate an agent to collect the costs specified in this section.
# Md. Code Ann., GCS § 11-722(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-722 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–723
(a)
This section applies only in Washington County.
# Md. Code Ann., GCS § 11-723(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-723(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff shall:
# Md. Code Ann., GCS § 11-723(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
establish and administer:
# Md. Code Ann., GCS § 11-723(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
a home detention program;
# Md. Code Ann., GCS § 11-723(b)(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
a work release program; and
# Md. Code Ann., GCS § 11-723(b)(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3.)
a pretrial release program; and
# Md. Code Ann., GCS § 11-723(b)(1)(i)(3.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
adopt regulations necessary to implement each program established under this section.
# Md. Code Ann., GCS § 11-723(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual who is placed in the custody of the Sheriff to participate in any program established under this section.
# Md. Code Ann., GCS § 11-723(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Subject to paragraph (4) of this subsection, an incarcerated individual is eligible to participate in any program established under this section if the incarcerated individual:
# Md. Code Ann., GCS § 11-723(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is recommended for the program by the court; and
# Md. Code Ann., GCS § 11-723(b)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets eligibility criteria set by the Sheriff.
# Md. Code Ann., GCS § 11-723(b)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
An incarcerated individual is not eligible to participate in any program established under this section if the incarcerated individual:
# Md. Code Ann., GCS § 11-723(b)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
is incarcerated for or has been convicted previously of a crime of violence listed in § 14–101 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-723(b)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
has been found guilty of the crime of:
# Md. Code Ann., GCS § 11-723(b)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or
# Md. Code Ann., GCS § 11-723(b)(4)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
escape under § 9–404 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-723(b)(4)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
While participating in any program established under this section an incarcerated individual is responsible for:
# Md. Code Ann., GCS § 11-723(b)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the incarcerated individual’s medical care and related expenses; and
# Md. Code Ann., GCS § 11-723(b)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
costs of lodging, food, clothing, transportation, restitution, child support, and taxes.
# Md. Code Ann., GCS § 11-723(b)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(6)
The Sheriff may:
# Md. Code Ann., GCS § 11-723(b)(6) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
collect a reasonable fee from each incarcerated individual participating in any program established under this section; or
# Md. Code Ann., GCS § 11-723(b)(6)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
waive or reduce the fee.
# Md. Code Ann., GCS § 11-723(b)(6)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(7)
The Sheriff may determine the maximum number of incarcerated individuals that may participate in any program established under this section.
# Md. Code Ann., GCS § 11-723(b)(7) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(8)
An incarcerated individual who knowingly violates a term or a condition of any program established under this section is subject to the penalties provided under § 11–726 of this subtitle and to other disciplinary action provided by law.
# Md. Code Ann., GCS § 11-723(b)(8) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-723 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–724
(a)
In this section, “Director” means the Director of the Wicomico County Department of Corrections.
# Md. Code Ann., GCS § 11-724(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This section applies only in Wicomico County.
# Md. Code Ann., GCS § 11-724(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Council may establish under the County Department of Corrections programs for:
# Md. Code Ann., GCS § 11-724(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
community service;
# Md. Code Ann., GCS § 11-724(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
home detention;
# Md. Code Ann., GCS § 11-724(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
pretrial release; and
# Md. Code Ann., GCS § 11-724(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
work release.
# Md. Code Ann., GCS § 11-724(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
The County Council shall adopt regulations necessary to implement each program established under this section.
# Md. Code Ann., GCS § 11-724(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
At the time of sentencing or at any time during an individual’s confinement, the court may allow the individual to participate in any program established under this section if the individual:
# Md. Code Ann., GCS § 11-724(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
is sentenced to the custody of the Director; and
# Md. Code Ann., GCS § 11-724(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has no other charges pending in any jurisdiction.
# Md. Code Ann., GCS § 11-724(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
An incarcerated individual designated to participate in a program specified under subsection (c) of this section may leave the detention center to:
# Md. Code Ann., GCS § 11-724(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
continue regular employment; or
# Md. Code Ann., GCS § 11-724(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
seek new employment.
# Md. Code Ann., GCS § 11-724(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-724(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Director or Director’s designee, shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.
# Md. Code Ann., GCS § 11-724(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
From the earnings of the incarcerated individual, the Director shall deduct and disburse an amount:
# Md. Code Ann., GCS § 11-724(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the Director determines to be a reasonable cost for providing food, lodging, and clothing for the incarcerated individual;
# Md. Code Ann., GCS § 11-724(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the County actually incurs for necessary food, travel, and other expenses incidental to the incarcerated individual’s participation in the program;
# Md. Code Ann., GCS § 11-724(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a court imposes for a fine, cost, or restitution;
# Md. Code Ann., GCS § 11-724(g)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the incarcerated individual is legally obligated to pay, or reasonably desires to pay, for support of a dependent; and
# Md. Code Ann., GCS § 11-724(g)(2)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
a court orders the incarcerated individual to repay to the State or to the County for the services of an attorney appointed by a court.
# Md. Code Ann., GCS § 11-724(g)(2)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Director shall:
# Md. Code Ann., GCS § 11-724(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
credit to the incarcerated individual’s account any remaining balance; and
# Md. Code Ann., GCS § 11-724(g)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Director approves.
# Md. Code Ann., GCS § 11-724(g)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-724(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections has established for participation in a program specified in subsection (c) of this section, the incarcerated individual is subject to:
# Md. Code Ann., GCS § 11-724(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
removal from the program; and
# Md. Code Ann., GCS § 11-724(h)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
cancellation of any earned diminution of the incarcerated individual’s term of confinement.
# Md. Code Ann., GCS § 11-724(h)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.
# Md. Code Ann., GCS § 11-724(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If an incarcerated individual violates a trust or a condition that a court or the County Department of Corrections establishes, the County Department of Corrections shall notify the sentencing court in writing of the violation.
# Md. Code Ann., GCS § 11-724(h)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 11-724(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Director or the Director’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the County Department of Corrections:
# Md. Code Ann., GCS § 11-724(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
to visit a seriously ill member of the incarcerated individual’s immediate family; or
# Md. Code Ann., GCS § 11-724(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
to attend the viewing or funeral of a member of the incarcerated individual’s immediate family.
# Md. Code Ann., GCS § 11-724(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
An incarcerated individual who violates the terms of an authorization for compassionate leave is subject to the sanctions specified in subsection (h)(1) of this section and § 11–726 of this subtitle.
# Md. Code Ann., GCS § 11-724(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
An incarcerated individual who is granted compassionate leave under this subsection may be required to reimburse the Department for any expenses that the County Department of Corrections incurs in granting the leave.
# Md. Code Ann., GCS § 11-724(i)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Director shall adopt regulations necessary to carry out this subsection.
# Md. Code Ann., GCS § 11-724(i)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-724 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–725
(a)
This section applies only in Worcester County.
# Md. Code Ann., GCS § 11-725(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
While confined in the Worcester County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:
# Md. Code Ann., GCS § 11-725(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
court–ordered payments for restitution; and
# Md. Code Ann., GCS § 11-725(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the cost of the food, lodging, and clothing of the incarcerated individual.
# Md. Code Ann., GCS § 11-725(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
The County Commissioners shall:
# Md. Code Ann., GCS § 11-725(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
establish the per diem rate for the food, lodging, and clothing of an incarcerated individual; and
# Md. Code Ann., GCS § 11-725(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
designate an agent to collect the costs specified in this section.
# Md. Code Ann., GCS § 11-725(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-725 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–726
(a)
An individual who knowingly violates a restriction on movement imposed as a condition of leave, work release, or a home detention order or agreement under this subtitle is guilty of escape as provided in §§ 9-404 through 9-407 of the Criminal Law Article.
# Md. Code Ann., GCS § 11-726(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
An individual who knowingly violates any other condition of leave, work release, or a home detention order or agreement imposed under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
# Md. Code Ann., GCS § 11-726(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-726 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–801
(a)
In this section, “weekend incarcerated individual” means an incarcerated individual sentenced to a local correctional facility for nonconsecutive periods of 48 hours or less per week.
# Md. Code Ann., GCS § 11-801(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The governing body of a county may impose on and collect from a weekend incarcerated individual a reasonable fee in an amount not to exceed the average cost of providing food, lodging, and clothing for an incarcerated individual for the time the incarcerated individual is confined in the local correctional facility.
# Md. Code Ann., GCS § 11-801(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
If the governing body of a county imposes a fee under this section, the governing body shall adopt standard procedures to implement this section, including a procedure for the waiver of a part or all of the fee based on the ability of an incarcerated individual to pay the fee.
# Md. Code Ann., GCS § 11-801(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-801 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–802
(a)
Subject to subsection (b) of this section, the managing official of a local correctional facility may designate correctional officers employed by the local correctional facility to have the power to make arrests as authorized by § 2–207(d) of the Criminal Procedure Article.
# Md. Code Ann., GCS § 11-802(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
Correctional officers designated by a managing official to make arrests as authorized under § 2–207(d) of the Criminal Procedure Article shall meet the minimum qualifications and satisfactorily complete the training required by the Maryland Police Training and Standards Commission.
# Md. Code Ann., GCS § 11-802(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-802 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–803
(a)
The managing official of a local correctional facility or the managing official’s designee may issue a retake warrant for the apprehension and return of an escapee.
# Md. Code Ann., GCS § 11-803(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a managing official or managing official’s designee issues a retake warrant under subsection (a) of this section, the managing official or designee shall forward a copy of the retake warrant to the State’s Attorney for the county in which the escape occurred.
# Md. Code Ann., GCS § 11-803(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A sheriff or police officer who is authorized to serve criminal process and to whom a warrant issued under this section is delivered shall execute the warrant in accordance with the directions in the warrant.
# Md. Code Ann., GCS § 11-803(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A sheriff or police officer who makes an arrest under this section shall promptly notify the managing official, or managing official’s designee, who issued the warrant of the arrest.
# Md. Code Ann., GCS § 11-803(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-803 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–901
In this subtitle, “fund” means an incarcerated individual welfare fund established under § 11–902 of this subtitle.
# Md. Code Ann., GCS § 11-901 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–902
(a)
Each local correctional facility may establish an incarcerated individual welfare fund.
# Md. Code Ann., GCS § 11-902(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A fund may be used only for goods and services that benefit the general incarcerated individual population as defined by regulations that the managing official of the local correctional facility adopts.
# Md. Code Ann., GCS § 11-902(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-902 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–903
(a)
# Md. Code Ann., GCS § 11-903(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each fund is a special continuing, nonlapsing fund.
# Md. Code Ann., GCS § 11-903(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-903(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Each fund consists of:
# Md. Code Ann., GCS § 11-903(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions; and
# Md. Code Ann., GCS § 11-903(a)(2)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
subject to subparagraph (ii) of this paragraph, money received from other sources.
# Md. Code Ann., GCS § 11-903(a)(2)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Money from the General Fund of the State or county, including any federal funds, may not be transferred by budget amendment or otherwise to a fund.
# Md. Code Ann., GCS § 11-903(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-903(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Except as provided in subparagraph (ii) of this paragraph, the chief financial officer for a county shall separately hold and shall account for each fund in the county.
# Md. Code Ann., GCS § 11-903(a)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The chief financial officer for Dorchester County or the managing official of the local correctional facility as designated by Dorchester County shall separately hold and shall account for each fund in Dorchester County.
# Md. Code Ann., GCS § 11-903(a)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
This section may not be construed to:
# Md. Code Ann., GCS § 11-903(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
prohibit a periodic or special audit by the State, the federal government, or a county that provides funds for a local correctional facility; or
# Md. Code Ann., GCS § 11-903(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
affect the calculation of reimbursement rates, as provided in § 9-403 of this article.
# Md. Code Ann., GCS § 11-903(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-903(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Each fund shall be invested and reinvested in the same manner as other county funds.
# Md. Code Ann., GCS § 11-903(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Any investment earnings of a fund shall be credited to the fund.
# Md. Code Ann., GCS § 11-903(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-903 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–904
(a)
Except as provided in subsection (b) of this section, the chief financial officer for the county shall pay out money from each fund as approved in the county budget.
# Md. Code Ann., GCS § 11-904(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The chief financial officer for Dorchester County or the managing official of the local correctional facility as designated by Dorchester County shall pay out money from the fund as approved in the county budget.
# Md. Code Ann., GCS § 11-904(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-904 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1001
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-1001(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
In Harford County, “agency” means the Office of the Sheriff of Harford County.
# Md. Code Ann., GCS § 11-1001(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1001(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Correctional officer” has the meaning stated in § 8–201 of this article.
# Md. Code Ann., GCS § 11-1001(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Correctional officer” does not include an officer who is in probationary status on initial entry into the correctional agency except if an allegation of brutality in the execution of the officer’s duties is made against the officer.
# Md. Code Ann., GCS § 11-1001(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1001(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
# Md. Code Ann., GCS § 11-1001(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Hearing” does not include an interrogation at which no testimony is taken under oath.
# Md. Code Ann., GCS § 11-1001(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
“Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.
# Md. Code Ann., GCS § 11-1001(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
“Internal investigation unit” means the internal investigation unit of a correctional facility charged with the investigation of complaints within a correctional facility.
# Md. Code Ann., GCS § 11-1001(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
In Harford County, “managing official” means the Sheriff of Harford County.
# Md. Code Ann., GCS § 11-1001(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1001 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1002
This subtitle applies only in Allegany County, Carroll County, Cecil County, Garrett County, Harford County, and St. Mary’s County.
# Md. Code Ann., GCS § 11-1002 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1003
(a)
Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State or local law that conflicts with this subtitle to the extent of the conflict.
# Md. Code Ann., GCS § 11-1003(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This subtitle does not limit the authority of the managing official to regulate the competent and efficient operation and management of a county correctional facility by any reasonable means including transfer and reassignment if:
# Md. Code Ann., GCS § 11-1003(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
that action is not punitive in nature; and
# Md. Code Ann., GCS § 11-1003(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the managing official determines that action to be in the best interests of the internal management of the correctional facility.
# Md. Code Ann., GCS § 11-1003(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1003 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1004
(a)
# Md. Code Ann., GCS § 11-1004(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, a correctional officer has the same rights to engage in political activity as a State employee.
# Md. Code Ann., GCS § 11-1004(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The right of a correctional officer to engage in political activity does not apply when the correctional officer is on duty or acting in an official capacity.
# Md. Code Ann., GCS § 11-1004(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A managing official:
# Md. Code Ann., GCS § 11-1004(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not prohibit secondary employment by a correctional officer; but
# Md. Code Ann., GCS § 11-1004(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may adopt reasonable regulations that relate to secondary employment by a correctional officer.
# Md. Code Ann., GCS § 11-1004(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless:
# Md. Code Ann., GCS § 11-1004(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s official duties; or
# Md. Code Ann., GCS § 11-1004(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the disclosure is required by federal or State law.
# Md. Code Ann., GCS § 11-1004(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A correctional officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
# Md. Code Ann., GCS § 11-1004(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
has exercised or demanded the rights granted by this subtitle; or
# Md. Code Ann., GCS § 11-1004(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has lawfully exercised constitutional rights.
# Md. Code Ann., GCS § 11-1004(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
A statute may not abridge and a correctional facility may not adopt a regulation that prohibits the right of a correctional officer to bring suit that arises out of the correctional officer’s duties as a correctional officer.
# Md. Code Ann., GCS § 11-1004(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
A correctional officer may waive in writing any or all rights granted by this subtitle.
# Md. Code Ann., GCS § 11-1004(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1004 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1005
(a)
The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
# Md. Code Ann., GCS § 11-1005(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
For purposes of this section, the investigating officer or interrogating officer shall be a sworn law enforcement or correctional official or an individual with former law enforcement or corrections experience.
# Md. Code Ann., GCS § 11-1005(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1005(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:
# Md. Code Ann., GCS § 11-1005(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the aggrieved individual;
# Md. Code Ann., GCS § 11-1005(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a member of the aggrieved individual’s immediate family;
# Md. Code Ann., GCS § 11-1005(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or
# Md. Code Ann., GCS § 11-1005(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the parent or guardian of the minor child, if the alleged incident involves a minor child.
# Md. Code Ann., GCS § 11-1005(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated.
# Md. Code Ann., GCS § 11-1005(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1005(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The correctional officer under investigation shall be informed of the name, rank, and command of:
# Md. Code Ann., GCS § 11-1005(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the law enforcement or correctional official or other individual in charge of the investigation;
# Md. Code Ann., GCS § 11-1005(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the interrogating official; and
# Md. Code Ann., GCS § 11-1005(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
each individual present during an interrogation.
# Md. Code Ann., GCS § 11-1005(d)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.
# Md. Code Ann., GCS § 11-1005(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
If the correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the correctional officer shall be informed completely of all of the correctional officer’s rights before the interrogation begins.
# Md. Code Ann., GCS § 11-1005(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
# Md. Code Ann., GCS § 11-1005(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-1005(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The interrogation shall take place:
# Md. Code Ann., GCS § 11-1005(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
at the office of the command of the investigating officer or at the office of the managing official of the correctional facility in which the incident allegedly occurred, as designated by the investigating official; or
# Md. Code Ann., GCS § 11-1005(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
at another reasonable and appropriate place.
# Md. Code Ann., GCS § 11-1005(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer under investigation may waive the right described in paragraph (1)(i) of this subsection.
# Md. Code Ann., GCS § 11-1005(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-1005(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.
# Md. Code Ann., GCS § 11-1005(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each session of interrogation shall:
# Md. Code Ann., GCS § 11-1005(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
be for a reasonable period; and
# Md. Code Ann., GCS § 11-1005(h)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
allow for personal necessities and rest periods as reasonably necessary.
# Md. Code Ann., GCS § 11-1005(h)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.
# Md. Code Ann., GCS § 11-1005(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 11-1005(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 11-1005(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.
# Md. Code Ann., GCS § 11-1005(j)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The correctional officer may waive the right described in subparagraph (i) of this paragraph.
# Md. Code Ann., GCS § 11-1005(j)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-1005(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The interrogation shall be suspended for a period not exceeding 10 days until representation is obtained.
# Md. Code Ann., GCS § 11-1005(j)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Within the 10–day period described in subparagraph (i) of this paragraph, the managing official, for good cause shown, may extend the period for obtaining representation.
# Md. Code Ann., GCS § 11-1005(j)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
During the interrogation, the correctional officer’s counsel or representative may:
# Md. Code Ann., GCS § 11-1005(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
request a recess at any time to consult with the correctional officer;
# Md. Code Ann., GCS § 11-1005(j)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
object to any question posed; and
# Md. Code Ann., GCS § 11-1005(j)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
state on the record outside the presence of the correctional officer the reason for the objection.
# Md. Code Ann., GCS § 11-1005(j)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
# Md. Code Ann., GCS § 11-1005(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.
# Md. Code Ann., GCS § 11-1005(k)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The record may be written, taped, or transcribed.
# Md. Code Ann., GCS § 11-1005(k)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.
# Md. Code Ann., GCS § 11-1005(k)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
# Md. Code Ann., GCS § 11-1005(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The internal investigation unit may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
# Md. Code Ann., GCS § 11-1005(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the internal investigation unit orders the correctional officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the internal investigation unit may commence an action that may lead to a punitive measure as a result of the refusal.
# Md. Code Ann., GCS § 11-1005(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If the internal investigation unit orders the correctional officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
# Md. Code Ann., GCS § 11-1005(l)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
# Md. Code Ann., GCS § 11-1005(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the internal investigation unit orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the internal investigation unit and the correctional officer agree to the admission of the results.
# Md. Code Ann., GCS § 11-1005(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
# Md. Code Ann., GCS § 11-1005(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
# Md. Code Ann., GCS § 11-1005(m)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the counsel or representative is allowed to observe the administration of the examination; and
# Md. Code Ann., GCS § 11-1005(m)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
# Md. Code Ann., GCS § 11-1005(m)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
# Md. Code Ann., GCS § 11-1005(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:
# Md. Code Ann., GCS § 11-1005(n)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
notified of the name of each witness and of each charge and specification against the correctional officer; and
# Md. Code Ann., GCS § 11-1005(n)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:
# Md. Code Ann., GCS § 11-1005(n)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
execute a confidentiality agreement with the internal investigation unit not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and
# Md. Code Ann., GCS § 11-1005(n)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
pay a reasonable charge for the cost of reproducing the material.
# Md. Code Ann., GCS § 11-1005(n)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The internal investigation unit may exclude from the exculpatory information provided to a correctional officer under this subsection:
# Md. Code Ann., GCS § 11-1005(n)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the identity of confidential sources;
# Md. Code Ann., GCS § 11-1005(n)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
nonexculpatory information; and
# Md. Code Ann., GCS § 11-1005(n)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
recommendations as to charges, disposition, or punishment.
# Md. Code Ann., GCS § 11-1005(n)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(o)
# Md. Code Ann., GCS § 11-1005(o) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The internal investigation unit may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
# Md. Code Ann., GCS § 11-1005(o)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer may waive the right described in paragraph (1) of this subsection.
# Md. Code Ann., GCS § 11-1005(o)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1005 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1006
(a)
A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order that directs the internal investigation unit to show cause why the right should not be granted.
# Md. Code Ann., GCS § 11-1006(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The correctional officer may apply for the show cause order:
# Md. Code Ann., GCS § 11-1006(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
either individually or through the correctional officer’s certified or recognized employee organization; and
# Md. Code Ann., GCS § 11-1006(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at any time prior to the beginning of a hearing by the hearing board.
# Md. Code Ann., GCS § 11-1006(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1006 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1007
(a)
Subject to subsection (b) of this section, an internal investigation unit may not bring administrative charges against a correctional officer unless the unit files the charges within 1 year after the act that gives rise to the charges comes to the attention of the managing official.
# Md. Code Ann., GCS § 11-1007(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or excessive force.
# Md. Code Ann., GCS § 11-1007(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1007 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1008
(a)
# Md. Code Ann., GCS § 11-1008(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection and § 11–1012 of this subtitle, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the managing official takes that action.
# Md. Code Ann., GCS § 11-1008(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.
# Md. Code Ann., GCS § 11-1008(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1008(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The internal investigation unit shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.
# Md. Code Ann., GCS § 11-1008(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The notice required under this subsection shall state the time and place of the hearing and the issues involved.
# Md. Code Ann., GCS § 11-1008(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1008(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (4) of this subsection and in § 11–1012 of this subtitle, the hearing board authorized under this section shall consist of at least three members who:
# Md. Code Ann., GCS § 11-1008(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
are appointed by the managing official and chosen from correctional officers within that correctional facility, or from correctional officers of another correctional facility with the approval of the managing official of the other facility; and
# Md. Code Ann., GCS § 11-1008(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
have had no part in the investigation or interrogation of the correctional officer.
# Md. Code Ann., GCS § 11-1008(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.
# Md. Code Ann., GCS § 11-1008(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
# Md. Code Ann., GCS § 11-1008(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
This paragraph does not apply in Harford County.
# Md. Code Ann., GCS § 11-1008(c)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
If the managing official is the correctional officer under investigation, the managing official of another correctional facility in the State shall function as the correctional officer of the same rank on the hearing board.
# Md. Code Ann., GCS § 11-1008(c)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
If the managing official of a correctional facility of a county or municipal corporation is under investigation, the official authorized to appoint the managing official’s successor shall select the managing official of another correctional facility to function as the correctional officer of the same rank on the hearing board.
# Md. Code Ann., GCS § 11-1008(c)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
# Md. Code Ann., GCS § 11-1008(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
This paragraph does not apply in Harford County.
# Md. Code Ann., GCS § 11-1008(c)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
A correctional facility or the facility’s superior governmental authority that has recognized and certified an exclusive collective bargaining representative may negotiate with the representative an alternative method of forming a hearing board.
# Md. Code Ann., GCS § 11-1008(c)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
A correctional officer may elect the alternative method of forming a hearing board if:
# Md. Code Ann., GCS § 11-1008(c)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
the correctional officer works in a correctional facility described in subparagraph (ii) of this paragraph; and
# Md. Code Ann., GCS § 11-1008(c)(4)(iii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
the correctional officer is included in the collective bargaining unit.
# Md. Code Ann., GCS § 11-1008(c)(4)(iii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
The internal investigation unit shall notify the correctional officer in writing before a hearing board is formed that the correctional officer may elect an alternative method of forming a hearing board if one has been negotiated under this paragraph.
# Md. Code Ann., GCS § 11-1008(c)(4)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(v)
If the correctional officer elects the alternative method, that method shall be used to form the hearing board.
# Md. Code Ann., GCS § 11-1008(c)(4)(v) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vi)
A correctional facility or exclusive collective bargaining representative may not require a correctional officer to elect an alternative method of forming a hearing board.
# Md. Code Ann., GCS § 11-1008(c)(4)(vi) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(vii)
If the correctional officer has been offered summary punishment, an alternative method of forming a hearing board may not be used.
# Md. Code Ann., GCS § 11-1008(c)(4)(vii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(viii)
This paragraph is not subject to binding arbitration.
# Md. Code Ann., GCS § 11-1008(c)(4)(viii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1008(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In connection with a disciplinary hearing, the managing official or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
# Md. Code Ann., GCS § 11-1008(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
# Md. Code Ann., GCS § 11-1008(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each party may request the managing official or hearing board to issue a subpoena or order under this subtitle.
# Md. Code Ann., GCS § 11-1008(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
In case of disobedience or refusal to obey a subpoena served under this subsection, the managing official may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the books, papers, records, and documents.
# Md. Code Ann., GCS § 11-1008(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
On a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary:
# Md. Code Ann., GCS § 11-1008(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the court may issue without cost an order that requires the attendance and testimony of witnesses or the production of books, papers, records, and documents; and
# Md. Code Ann., GCS § 11-1008(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
failure to obey the order may be punished by the court as contempt.
# Md. Code Ann., GCS § 11-1008(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-1008(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing shall be conducted by a hearing board.
# Md. Code Ann., GCS § 11-1008(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give the internal investigation unit and correctional officer ample opportunity to present evidence and argument about the issues involved.
# Md. Code Ann., GCS § 11-1008(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The correctional facility and correctional officer may be represented by counsel.
# Md. Code Ann., GCS § 11-1008(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Each party has the right to cross–examine witnesses who testify and each party may submit rebuttal evidence.
# Md. Code Ann., GCS § 11-1008(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-1008(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
# Md. Code Ann., GCS § 11-1008(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
# Md. Code Ann., GCS § 11-1008(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each record or document that a party desires to use shall be offered and made a part of the record.
# Md. Code Ann., GCS § 11-1008(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
# Md. Code Ann., GCS § 11-1008(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-1008(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing board may take notice of:
# Md. Code Ann., GCS § 11-1008(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
judicially cognizable facts; and
# Md. Code Ann., GCS § 11-1008(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
general, technical, or scientific facts within its specialized knowledge.
# Md. Code Ann., GCS § 11-1008(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall:
# Md. Code Ann., GCS § 11-1008(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and
# Md. Code Ann., GCS § 11-1008(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
give each party an opportunity and reasonable time to contest the facts so noticed.
# Md. Code Ann., GCS § 11-1008(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
# Md. Code Ann., GCS § 11-1008(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
# Md. Code Ann., GCS § 11-1008(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
With respect to the subject of a hearing conducted under this subtitle, the managing official shall administer oaths or affirmations and examine individuals under oath.
# Md. Code Ann., GCS § 11-1008(h)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
In connection with a disciplinary hearing, the managing official or a hearing board may administer oaths.
# Md. Code Ann., GCS § 11-1008(h)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 11-1008(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.
# Md. Code Ann., GCS § 11-1008(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Witness fees, mileage, and the actual expenses necessarily incurred in securing the attendance of witnesses and their testimony shall be itemized and paid by the correctional facility.
# Md. Code Ann., GCS § 11-1008(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
An official record, including testimony and exhibits, shall be kept of the hearing.
# Md. Code Ann., GCS § 11-1008(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1008 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1009
(a)
# Md. Code Ann., GCS § 11-1009(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A decision, order, or action taken as a result of a hearing under § 11–1008 of this subtitle shall be in writing and accompanied by findings of fact.
# Md. Code Ann., GCS § 11-1009(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The findings of fact shall consist of a concise statement on each issue in the case.
# Md. Code Ann., GCS § 11-1009(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A finding of not guilty terminates the action.
# Md. Code Ann., GCS § 11-1009(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If the hearing board makes a finding of guilt, the hearing board shall:
# Md. Code Ann., GCS § 11-1009(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reconvene the hearing;
# Md. Code Ann., GCS § 11-1009(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
receive evidence; and
# Md. Code Ann., GCS § 11-1009(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the managing official.
# Md. Code Ann., GCS § 11-1009(a)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
# Md. Code Ann., GCS § 11-1009(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the correctional officer or the correctional officer’s counsel or representative of record; and
# Md. Code Ann., GCS § 11-1009(a)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the managing official.
# Md. Code Ann., GCS § 11-1009(a)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1009(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
# Md. Code Ann., GCS § 11-1009(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The recommendation of a penalty shall be in writing.
# Md. Code Ann., GCS § 11-1009(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1009(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Notwithstanding any other provision of this subtitle, the decision of the hearing board as to findings of fact and any penalty is final if:
# Md. Code Ann., GCS § 11-1009(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a managing official is an eyewitness to the incident under investigation; or
# Md. Code Ann., GCS § 11-1009(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
except in Harford County, a managing official has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.
# Md. Code Ann., GCS § 11-1009(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The decision of the hearing board then may be appealed in accordance with § 11–1010 of this subtitle.
# Md. Code Ann., GCS § 11-1009(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Paragraph (1)(ii) of this subsection is not subject to binding arbitration.
# Md. Code Ann., GCS § 11-1009(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1009(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 30 days after receipt of the recommendations of the hearing board, the managing official shall:
# Md. Code Ann., GCS § 11-1009(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
review the findings, conclusions, and recommendations of the hearing board; and
# Md. Code Ann., GCS § 11-1009(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
issue a final order.
# Md. Code Ann., GCS § 11-1009(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The final order and decision of the managing official is binding and then may be appealed in accordance with § 11–1010 of this subtitle.
# Md. Code Ann., GCS § 11-1009(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The recommendation of a penalty by the hearing board is not binding on the managing official.
# Md. Code Ann., GCS § 11-1009(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The managing official shall consider the correctional officer’s past job performance as a factor before imposing a penalty.
# Md. Code Ann., GCS § 11-1009(d)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
The managing official may increase the recommended penalty of the hearing board only if the managing official personally:
# Md. Code Ann., GCS § 11-1009(d)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reviews the entire record of the proceedings of the hearing board;
# Md. Code Ann., GCS § 11-1009(d)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
meets with the correctional officer and allows the correctional officer to be heard on the record;
# Md. Code Ann., GCS § 11-1009(d)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
discloses and provides in writing to the correctional officer, at least 10 days before the meeting, any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
# Md. Code Ann., GCS § 11-1009(d)(5)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
states on the record the substantial evidence relied on to support the increase of the recommended penalty.
# Md. Code Ann., GCS § 11-1009(d)(5)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1009 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1010
(a)
An appeal from a decision made under § 11–1009 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7–202.
# Md. Code Ann., GCS § 11-1010(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A party aggrieved by a decision of a court under this subtitle may appeal to the Appellate Court of Maryland.
# Md. Code Ann., GCS § 11-1010(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1010 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1011
On written request, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
(1)
# Md. Code Ann., GCS § 11-1011(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the internal investigation unit that investigated the complaint:
# Md. Code Ann., GCS § 11-1011(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
exonerated the correctional officer of all charges in the complaint; or
# Md. Code Ann., GCS § 11-1011(1)(i)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
determined that the charges were unsustained or unfounded; or
# Md. Code Ann., GCS § 11-1011(1)(i)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a hearing board acquitted the correctional officer, dismissed the action, or made a finding of not guilty; and
# Md. Code Ann., GCS § 11-1011(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at least 3 years have passed since the final disposition by the correctional facility or hearing board.
# Md. Code Ann., GCS § 11-1011(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1011 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1012
(a)
This subtitle does not prohibit summary punishment by higher–ranking correctional officers as designated by the managing official.
# Md. Code Ann., GCS § 11-1012(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1012(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Summary punishment may be imposed for minor violations of correctional facility rules and regulations if:
# Md. Code Ann., GCS § 11-1012(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the facts that constitute the minor violation are not in dispute;
# Md. Code Ann., GCS § 11-1012(b)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the correctional officer waives the hearing provided under this subtitle; and
# Md. Code Ann., GCS § 11-1012(b)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
the correctional officer accepts the punishment imposed by the highest–ranking correctional officer, or individual acting in that capacity, of the unit to which the correctional officer is attached.
# Md. Code Ann., GCS § 11-1012(b)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Summary punishment imposed under this subsection may not exceed suspension of 3 days without pay or a fine of $150.
# Md. Code Ann., GCS § 11-1012(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1012(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a correctional officer is offered summary punishment in accordance with subsection (b) of this section and refuses:
# Md. Code Ann., GCS § 11-1012(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the managing official may convene a hearing board of one or more members; and
# Md. Code Ann., GCS § 11-1012(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the hearing board has only the authority to recommend the sanctions provided in this section for summary punishment.
# Md. Code Ann., GCS § 11-1012(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If a single member hearing board is convened:
# Md. Code Ann., GCS § 11-1012(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the member need not be of the same rank as the correctional officer; but
# Md. Code Ann., GCS § 11-1012(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
all other provisions of this subtitle apply.
# Md. Code Ann., GCS § 11-1012(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1012 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1013
(a)
This subtitle does not prohibit emergency suspension by higher–ranking correctional officers as designated by the managing official.
# Md. Code Ann., GCS § 11-1013(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1013(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The managing official may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, public, and the correctional facility.
# Md. Code Ann., GCS § 11-1013(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the correctional officer is suspended with pay, the managing official may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:
# Md. Code Ann., GCS § 11-1013(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a determination by a court with respect to a criminal violation; or
# Md. Code Ann., GCS § 11-1013(b)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a final determination by a hearing board with respect to a correctional facility violation.
# Md. Code Ann., GCS § 11-1013(b)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A correctional officer who is suspended under this subsection is entitled to a prompt hearing.
# Md. Code Ann., GCS § 11-1013(b)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1013(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If a correctional officer is charged with a felony, the managing official may impose an emergency suspension of correctional powers without pay.
# Md. Code Ann., GCS § 11-1013(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing.
# Md. Code Ann., GCS § 11-1013(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1013 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1014
(a)
A person may not knowingly make a false statement, report, or complaint during an investigation or proceeding conducted under this subtitle.
# Md. Code Ann., GCS § 11-1014(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
# Md. Code Ann., GCS § 11-1014(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1014 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1101
(a)
In this subtitle the following words have the meanings indicated.
# Md. Code Ann., GCS § 11-1101(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1101(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Correctional officer” has the meaning stated in § 8–201 of this article.
# Md. Code Ann., GCS § 11-1101(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Correctional officer” does not include an officer who is in probationary status on initial entry into the Sheriff’s Office except if an allegation of brutality in the execution of the officer’s duties is made against the officer.
# Md. Code Ann., GCS § 11-1101(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1101(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
“Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
# Md. Code Ann., GCS § 11-1101(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
“Hearing” does not include an interrogation at which no testimony is taken under oath.
# Md. Code Ann., GCS § 11-1101(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
“Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.
# Md. Code Ann., GCS § 11-1101(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1101 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1102
This subtitle applies only in Calvert County and Charles County.
# Md. Code Ann., GCS § 11-1102 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1103
(a)
Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State or local law that conflicts with this subtitle to the extent of the conflict.
# Md. Code Ann., GCS § 11-1103(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
This subtitle does not limit the authority of the Sheriff to regulate the competent and efficient operation and management of the Sheriff’s Office by any reasonable means including transfer and reassignment if:
# Md. Code Ann., GCS § 11-1103(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
that action is not punitive in nature; and
# Md. Code Ann., GCS § 11-1103(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the Sheriff determines that action to be in the best interests of the internal management of the Sheriff’s Office.
# Md. Code Ann., GCS § 11-1103(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1103 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1104
(a)
# Md. Code Ann., GCS § 11-1104(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, a correctional officer has the same rights to engage in political activity as a State employee.
# Md. Code Ann., GCS § 11-1104(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The right of a correctional officer to engage in political activity does not apply when the correctional officer is on duty or acting in an official capacity.
# Md. Code Ann., GCS § 11-1104(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The Sheriff’s Office:
# Md. Code Ann., GCS § 11-1104(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
may not prohibit secondary employment by a correctional officer; but
# Md. Code Ann., GCS § 11-1104(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
may adopt reasonable regulations that relate to secondary employment by a correctional officer.
# Md. Code Ann., GCS § 11-1104(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless:
# Md. Code Ann., GCS § 11-1104(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s official duties; or
# Md. Code Ann., GCS § 11-1104(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the disclosure is required by federal or State law.
# Md. Code Ann., GCS § 11-1104(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
A correctional officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer:
# Md. Code Ann., GCS § 11-1104(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
has exercised or demanded the rights granted by this subtitle; or
# Md. Code Ann., GCS § 11-1104(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
has lawfully exercised constitutional rights.
# Md. Code Ann., GCS § 11-1104(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
A statute may not abridge and the Sheriff’s Office may not adopt a regulation that prohibits the right of a correctional officer to bring suit that arises out of the correctional officer’s duties as a correctional officer.
# Md. Code Ann., GCS § 11-1104(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
A correctional officer may waive in writing any or all rights granted by this subtitle.
# Md. Code Ann., GCS § 11-1104(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1104 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1105
(a)
The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
# Md. Code Ann., GCS § 11-1105(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
For purposes of this section, the investigating officer or interrogating officer shall be a member of the Sheriff’s Office.
# Md. Code Ann., GCS § 11-1105(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1105(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:
# Md. Code Ann., GCS § 11-1105(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the aggrieved individual;
# Md. Code Ann., GCS § 11-1105(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a member of the aggrieved individual’s immediate family;
# Md. Code Ann., GCS § 11-1105(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or
# Md. Code Ann., GCS § 11-1105(c)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iv)
the parent or guardian of the minor child, if the alleged incident involves a minor child.
# Md. Code Ann., GCS § 11-1105(c)(1)(iv) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-1105(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
Subject to subparagraph (ii) of this paragraph, unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken.
# Md. Code Ann., GCS § 11-1105(c)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The Sheriff’s Office may investigate any complaint of brutality at any time if the complaint is made by an employee or a member of the Sheriff’s Office.
# Md. Code Ann., GCS § 11-1105(c)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1105(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The correctional officer under investigation shall be informed of the name, rank, and command of:
# Md. Code Ann., GCS § 11-1105(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the officer in charge of the investigation;
# Md. Code Ann., GCS § 11-1105(d)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the interrogating officer; and
# Md. Code Ann., GCS § 11-1105(d)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
each individual present during an interrogation.
# Md. Code Ann., GCS § 11-1105(d)(1)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.
# Md. Code Ann., GCS § 11-1105(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
# Md. Code Ann., GCS § 11-1105(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
The interrogation shall take place:
# Md. Code Ann., GCS § 11-1105(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
at the office of the command of the investigating officer or at the office of the correctional officer under investigation, as designated by the investigating officer; or
# Md. Code Ann., GCS § 11-1105(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
at another reasonable and appropriate place.
# Md. Code Ann., GCS § 11-1105(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-1105(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.
# Md. Code Ann., GCS § 11-1105(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
Each session of interrogation shall:
# Md. Code Ann., GCS § 11-1105(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
be for a reasonable period; and
# Md. Code Ann., GCS § 11-1105(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
allow for personal necessities and rest periods as reasonably necessary.
# Md. Code Ann., GCS § 11-1105(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.
# Md. Code Ann., GCS § 11-1105(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
# Md. Code Ann., GCS § 11-1105(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
# Md. Code Ann., GCS § 11-1105(i)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.
# Md. Code Ann., GCS § 11-1105(i)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
The correctional officer may waive the right described in subparagraph (i) of this paragraph.
# Md. Code Ann., GCS § 11-1105(i)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
# Md. Code Ann., GCS § 11-1105(i)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
The interrogation shall be suspended for a period not exceeding 5 days until representation is obtained.
# Md. Code Ann., GCS § 11-1105(i)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
Within the 5–day period described in subparagraph (i) of this paragraph, the Sheriff, for good cause shown, may extend the period for obtaining representation.
# Md. Code Ann., GCS § 11-1105(i)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
During the interrogation, the correctional officer’s counsel or representative may:
# Md. Code Ann., GCS § 11-1105(i)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
request a recess at any time to consult with the correctional officer;
# Md. Code Ann., GCS § 11-1105(i)(3)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
object to any question posed; and
# Md. Code Ann., GCS § 11-1105(i)(3)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
state on the record outside the presence of the correctional officer the reason for the objection.
# Md. Code Ann., GCS § 11-1105(i)(3)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(j)
# Md. Code Ann., GCS § 11-1105(j) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.
# Md. Code Ann., GCS § 11-1105(j)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The record may be written, taped, or transcribed.
# Md. Code Ann., GCS § 11-1105(j)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.
# Md. Code Ann., GCS § 11-1105(j)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(k)
# Md. Code Ann., GCS § 11-1105(k) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Office may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
# Md. Code Ann., GCS § 11-1105(k)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the Sheriff’s Office may commence an action that may lead to a punitive measure as a result of the refusal.
# Md. Code Ann., GCS § 11-1105(k)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
# Md. Code Ann., GCS § 11-1105(k)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(l)
# Md. Code Ann., GCS § 11-1105(l) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
If the Sheriff’s Office orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the Sheriff’s Office and the correctional officer agree to the admission of the results.
# Md. Code Ann., GCS § 11-1105(l)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
# Md. Code Ann., GCS § 11-1105(l)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
# Md. Code Ann., GCS § 11-1105(l)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the counsel or representative is allowed to observe the administration of the examination; and
# Md. Code Ann., GCS § 11-1105(l)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
# Md. Code Ann., GCS § 11-1105(l)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(m)
# Md. Code Ann., GCS § 11-1105(m) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:
# Md. Code Ann., GCS § 11-1105(m)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
notified of the name of each witness and of each charge and specification against the correctional officer; and
# Md. Code Ann., GCS § 11-1105(m)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:
# Md. Code Ann., GCS § 11-1105(m)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1.)
execute a confidentiality agreement with the Sheriff’s Office not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and
# Md. Code Ann., GCS § 11-1105(m)(1)(ii)(1.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2.)
pay a reasonable charge for the cost of reproducing the material.
# Md. Code Ann., GCS § 11-1105(m)(1)(ii)(2.) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The Sheriff’s Office may exclude from the exculpatory information provided to a correctional officer under this subsection:
# Md. Code Ann., GCS § 11-1105(m)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the identity of confidential sources;
# Md. Code Ann., GCS § 11-1105(m)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
nonexculpatory information; and
# Md. Code Ann., GCS § 11-1105(m)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
recommendations as to charges, disposition, or punishment.
# Md. Code Ann., GCS § 11-1105(m)(2)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(n)
# Md. Code Ann., GCS § 11-1105(n) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Office may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
# Md. Code Ann., GCS § 11-1105(n)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The correctional officer may waive the right described in paragraph (1) of this subsection.
# Md. Code Ann., GCS § 11-1105(n)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1105 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1106
(a)
Subject to subsection (b) of this section, the Sheriff’s Office may not bring administrative charges against a correctional officer unless the Sheriff’s Office files the charges within 1 year after the act that gives rise to the charges comes to the attention of the appropriate Sheriff’s Office official.
# Md. Code Ann., GCS § 11-1106(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or brutality.
# Md. Code Ann., GCS § 11-1106(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1106 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1107
(a)
# Md. Code Ann., GCS § 11-1107(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Except as provided in paragraph (2) of this subsection, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the Sheriff takes that action.
# Md. Code Ann., GCS § 11-1107(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.
# Md. Code Ann., GCS § 11-1107(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1107(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff’s Office shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.
# Md. Code Ann., GCS § 11-1107(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The notice required under this subsection shall state the time and place of the hearing and the issues involved.
# Md. Code Ann., GCS § 11-1107(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1107(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing board authorized under this section shall consist of at least three members who:
# Md. Code Ann., GCS § 11-1107(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
are appointed by the Sheriff and chosen from correctional officers within the Sheriff’s Office, or from correctional officers of another correctional facility with the approval of the Sheriff of the other facility; and
# Md. Code Ann., GCS § 11-1107(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
have had no part in the investigation or interrogation of the correctional officer.
# Md. Code Ann., GCS § 11-1107(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.
# Md. Code Ann., GCS § 11-1107(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
At least two members of the hearing board shall be correctional officers.
# Md. Code Ann., GCS § 11-1107(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(d)
# Md. Code Ann., GCS § 11-1107(d) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
In connection with a disciplinary hearing, the Sheriff or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
# Md. Code Ann., GCS § 11-1107(d)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
# Md. Code Ann., GCS § 11-1107(d)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each party may request the Sheriff or hearing board to issue a subpoena or an order under this subtitle.
# Md. Code Ann., GCS § 11-1107(d)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(e)
# Md. Code Ann., GCS § 11-1107(e) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing shall be conducted by a hearing board.
# Md. Code Ann., GCS § 11-1107(e)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give the Sheriff’s Office and correctional officer ample opportunity to present evidence and argument about the issues involved.
# Md. Code Ann., GCS § 11-1107(e)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Sheriff’s Office and correctional officer may be represented by counsel.
# Md. Code Ann., GCS § 11-1107(e)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Each party has the right to cross–examine witnesses who testify, and each party may submit rebuttal evidence.
# Md. Code Ann., GCS § 11-1107(e)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(f)
# Md. Code Ann., GCS § 11-1107(f) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
# Md. Code Ann., GCS § 11-1107(f)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
# Md. Code Ann., GCS § 11-1107(f)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
Each record or document that a party desires to use shall be offered and made a part of the record.
# Md. Code Ann., GCS § 11-1107(f)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
# Md. Code Ann., GCS § 11-1107(f)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(g)
# Md. Code Ann., GCS § 11-1107(g) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The hearing board may take notice of:
# Md. Code Ann., GCS § 11-1107(g)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
judicially cognizable facts; and
# Md. Code Ann., GCS § 11-1107(g)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
general, technical, or scientific facts within the hearing board’s specialized knowledge.
# Md. Code Ann., GCS § 11-1107(g)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The hearing board shall:
# Md. Code Ann., GCS § 11-1107(g)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and
# Md. Code Ann., GCS § 11-1107(g)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
give each party an opportunity and reasonable time to contest the facts so noticed.
# Md. Code Ann., GCS § 11-1107(g)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
# Md. Code Ann., GCS § 11-1107(g)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(h)
In connection with a disciplinary hearing, the Sheriff or a hearing board may administer oaths.
# Md. Code Ann., GCS § 11-1107(h) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
An official record, including testimony and exhibits, shall be kept of the hearing.
# Md. Code Ann., GCS § 11-1107(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1107 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1108
(a)
# Md. Code Ann., GCS § 11-1108(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
A decision, an order, or an action taken as a result of a hearing under § 11–1107 of this subtitle shall be in writing and accompanied by findings of fact.
# Md. Code Ann., GCS § 11-1108(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The findings of fact shall consist of a concise statement on each issue in the case.
# Md. Code Ann., GCS § 11-1108(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
A finding of not guilty terminates the action.
# Md. Code Ann., GCS § 11-1108(a)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
If the hearing board makes a finding of guilt, the hearing board shall:
# Md. Code Ann., GCS § 11-1108(a)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
reconvene the hearing;
# Md. Code Ann., GCS § 11-1108(a)(4)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
receive evidence; and
# Md. Code Ann., GCS § 11-1108(a)(4)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(iii)
consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the Sheriff.
# Md. Code Ann., GCS § 11-1108(a)(4)(iii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(5)
A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
# Md. Code Ann., GCS § 11-1108(a)(5) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
the correctional officer or the correctional officer’s counsel or representative of record; and
# Md. Code Ann., GCS § 11-1108(a)(5)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
the Sheriff.
# Md. Code Ann., GCS § 11-1108(a)(5)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
# Md. Code Ann., GCS § 11-1108(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
# Md. Code Ann., GCS § 11-1108(b)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The recommendation of a penalty shall be in writing.
# Md. Code Ann., GCS § 11-1108(b)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
# Md. Code Ann., GCS § 11-1108(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
Within 30 days after receipt of the recommendations of the hearing board, the Sheriff shall:
# Md. Code Ann., GCS § 11-1108(c)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
review the findings, conclusions, and recommendations of the hearing board; and
# Md. Code Ann., GCS § 11-1108(c)(1)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
issue a final order.
# Md. Code Ann., GCS § 11-1108(c)(1)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
The recommendation of a penalty by the hearing board is not binding on the Sheriff.
# Md. Code Ann., GCS § 11-1108(c)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(3)
The Sheriff shall consider the correctional officer’s past job performance as a factor before imposing a penalty.
# Md. Code Ann., GCS § 11-1108(c)(3) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(4)
The Sheriff may increase the recommended penalty of the hearing board only if the Sheriff personally meets with the correctional officer and allows the correctional officer to be heard on the record.
# Md. Code Ann., GCS § 11-1108(c)(4) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1108 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1109
On written request to the Sheriff, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if:
(1)
the investigation or hearing resulted in a finding of nonsustained or unfounded; or
# Md. Code Ann., GCS § 11-1109(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
the correctional officer was exonerated and at least 3 years have passed since the final disposition by the Sheriff’s Office or hearing board.
# Md. Code Ann., GCS § 11-1109(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1109 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1110
(a)
# Md. Code Ann., GCS § 11-1110(a) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(1)
The Sheriff may impose emergency suspension with pay if it appears that the action is in the best interest of the public and the Sheriff’s Office.
# Md. Code Ann., GCS § 11-1110(a)(1) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(2)
If the correctional officer is suspended with pay, the Sheriff may reassign the correctional officer to restricted duties pending:
# Md. Code Ann., GCS § 11-1110(a)(2) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(i)
a determination by a court with respect to a criminal violation; or
# Md. Code Ann., GCS § 11-1110(a)(2)(i) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(ii)
a final determination by a hearing board with respect to a Sheriff’s Office violation.
# Md. Code Ann., GCS § 11-1110(a)(2)(ii) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(b)
If a correctional officer is charged with a felony, the Sheriff may impose an emergency suspension of correctional powers without pay.
# Md. Code Ann., GCS § 11-1110(b) (as displayed at mgaleg.maryland.gov, August 30, 2026)
(c)
A correctional officer who is suspended under this section is entitled to a prompt hearing before the Assistant Sheriff or the Assistant Sheriff’s designee.
# Md. Code Ann., GCS § 11-1110(c) (as displayed at mgaleg.maryland.gov, August 30, 2026)
# Md. Code Ann., GCS § 11-1110 (as displayed at mgaleg.maryland.gov, August 30, 2026)
§ 11–1111
Any dispute concerning the application or interpretation of this subtitle shall be resolved by the Assistant Sheriff.
# Md. Code Ann., GCS § 11-1111 (as displayed at mgaleg.maryland.gov, August 30, 2026)