Section 11-1005 – Investigation or Interrogation
(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. (b) For purposes of this section, the investigating officer or interrogating officer shall be a sworn law enforcement or correctional official or an […]
Section 11-1108 – Decision, Order or Action
(a) (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. (2) The findings of fact shall consist of a concise statement on each issue in the case. (3) A finding of not guilty terminates the action. (4) If […]
Section 11-1006 – Order to Show Cause
(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. (b) The correctional officer may apply for the show […]
Section 11-1007 – Limitations Period for Administrative Charges
(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. (b) The 1–year limitation of subsection (a) of this section […]
Section 11-1008 – Hearing
(a) (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 […]
Section 11-1009 – Decision, Order or Action
(a) (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. (2) The findings of fact shall consist of a concise statement on each issue in the case. (3) A finding of not guilty terminates the action. (4) If the hearing […]
Section 11-1010 – Appeal
(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. (b) A party aggrieved by a decision of a court under this subtitle may appeal to the Court of Special Appeals.
Section 11-1011 – Expungement
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) (i) the internal investigation unit that investigated the complaint: 1. exonerated the correctional officer of all charges in the complaint; or 2. determined that the charges were unsustained or unfounded; or (ii) a hearing board […]
Section 11-1012 – Summary Punishment
(a) This subtitle does not prohibit summary punishment by higher–ranking correctional officers as designated by the managing official. (b) (1) Summary punishment may be imposed for minor violations of correctional facility rules and regulations if: (i) the facts that constitute the minor violation are not in dispute; (ii) the correctional officer waives the hearing provided under this subtitle; and (iii) the […]
Section 11-1013 – Emergency Suspension
(a) This subtitle does not prohibit emergency suspension by higher–ranking correctional officers as designated by the managing official. (b) (1) The managing official may impose emergency suspension with pay if it appears that the action is in the best interest of the inmates, public, and the correctional facility. (2) If the correctional officer is suspended with pay, the managing […]