Section 2-101 – Established
There is a Department of Public Safety and Correctional Services established as a principal department of the State government.
Section 2-102 – Secretary
(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Public Safety and Correctional Services. (2) The Secretary is the head of the Department. (b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The Secretary serves at the pleasure of the […]
Section 2-103 – Administration of Department
(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. (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.
Section 2-104 – Seal
The Secretary shall have a seal.
Section 2-105 – Deputy Secretaries
(a) With the approval of the Governor, the Secretary shall appoint two Deputy Secretaries. (b) The Deputy Secretaries: (1) serve at the pleasure of the Secretary; and (2) are entitled to the compensation provided in the State budget. (c) The Deputy Secretaries: (1) shall assist the Secretary in administering the Department; and (2) have the other duties provided by law or delegated […]
Section 2-106 – Staff — Secretary’s Office
(a) In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary. (b) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary. (c) (1) (i) The Secretary shall appoint each staff assistant in the office of the Secretary […]
Section 2-107 – Staff — Service of Documents
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.
Section 2-108 – Staff — Other Units
(a) The appointment or removal of personnel by a unit or appointing officer in the Department is subject to the approval of the Secretary. (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.
Section 2-109 – Regulations
(a) The Secretary shall adopt regulations for the office of the Secretary. (b) (1) The Secretary shall review regulations proposed by a unit in the Department. (2) The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department. (c) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall adopt regulations to govern the […]
Section 2-110 – Secretary’s Duties — Budget
The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.
Section 2-111 – Secretary’s Duties — Plans and Activities
(a) The Secretary is responsible for planning activities of the Department. (b) The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.
Section 2-112 – Secretary’s Duties — Evaluation of Units
(a) The Secretary may authorize an evaluation or study of the operation and effectiveness of any unit in the Department. (b) (1) The Secretary may make the records of any inmate or unit available to a person who is authorized to conduct an evaluation or study under subsection (a) of this section. (2) A person who obtains a record […]
Section 2-113 – Secretary’s Powers — Assumption of Functions
(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. (b) The Secretary or the Deputy Secretary may not exercise a power, duty, responsibility, or function […]
Section 2-113.1 – Secretary’s Powers — Subpoenas
(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. (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 […]
Section 2-114 – Secretary’s Powers — Transfer of Functions
(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. (b) (1) A transfer authorized by this section shall be made in accordance with the State Personnel and Pensions Article and the […]
Section 2-115 – Secretary’s Powers — Advisory Units
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.
Section 2-116 – Legal Counsel
(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. (b) The Attorney General is the legal adviser to the Department. (c) The Attorney General shall assign to the Department the number of assistant Attorneys General that are […]
Section 2-117 – Authority to Assign Supervision of Inmates, Parolees, and Others
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.
Section 2-118 – Fee for Medical Services to Inmate
(a) This section applies to inmates in a State correctional facility. (b) (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 inmate to a medical unit, physician, dentist, or optometrist for health care services. (2) The Secretary may not assess a fee […]