Section 3-201 – Division Established

    There is a Division of Correction in the Department.

Section 3-202 – Commissioner of Correction — Appointment; Qualifications; Term; Oath; Compensation

    (a)    With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction.     (b)    The Commissioner shall be an individual with maturity and judgment who has:         (1)    broad knowledge of correctional facilities and systems; and         (2)    knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of […]

Section 3-203 – Commissioner of Correction — General Powers and Duties

    (a)    Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units.     (b)    The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.

Section 3-205 – Commissioner of Correction — Regulations

    (a)    The Commissioner may adopt regulations for the operation and maintenance of the units in the Division.     (b)    The regulations shall provide for:         (1)    the discipline and conduct of inmates, including the character of punishments for violations of discipline; and         (2)    the duties, discipline, and conduct of officers and other employees of the units in the Division.     (c)    The regulations […]

Section 3-206 – Commissioner of Correction — Annual Accountings

    (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.     (b)    The Commissioner shall verify the statement submitted under subsection (a) of this section.     (c)    The Secretary shall submit the […]

Section 3-207 – Commissioner of Correction — Annual Reports

    (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:         (1)    its expenses, receipts, disbursements, condition, and progress;         (2)    the number of inmates and each inmate’s age, sex, race, place of birth and conviction, crime, and term […]

Section 3-207.1 – Commissioner of Correction — Staffing Report

    (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.     (b)    The report shall be based […]

Section 3-208 – Deputy Commissioner — Appointment

    (a)    The Commissioner shall appoint a Deputy Commissioner.     (b)    The Deputy Commissioner is in the executive service of the State Personnel Management System and serves at the pleasure of the Commissioner.     (c)    The Deputy Commissioner shall have executive experience in and adequate knowledge of:         (1)    correctional facilities and systems; and         (2)    inmate programs.

Section 3-209 – Deputy Commissioner — Powers and Duties

    (a)    Subject to the policies established by the Commissioner, the Deputy Commissioner is generally in charge of administrative procedures in the Division.     (b)    In the absence of the Commissioner, the Deputy Commissioner shall be acting Commissioner.

Section 3-210 – Wardens and Administrators — Appointment

    (a)    The Commissioner shall appoint a warden or administrator for each correctional facility in the Division.     (b)    A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems.     (c)    A warden or administrator serves at the pleasure of the Commissioner.

Section 3-211 – Wardens and Administrators — Powers and Duties

    (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.     (b)    The warden or administrator shall:         (1)    supervise the government, discipline, and policy of the correctional facility;         (2)    direct the administering of punishment prescribed by the Commissioner under § 3-205(b)(1) of […]

Section 3-212 – Wardens and Administrators — Annual Reports

    (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.     (b)    (1)    The report shall include the information required under § 3-207(a) of this subtitle as it relates to the correctional facility.         (2)    The statement shall […]

Section 3-213 – Assistant Wardens

    (a)    The Commissioner may appoint one or more assistant wardens for a correctional facility.     (b)    An assistant warden shall have the same qualifications as a warden.     (c)    An assistant warden serves at the pleasure of the Commissioner.     (d)    An assistant warden shall perform the duties of the warden in the absence of the warden.

Section 3-214 – Escapees

    (a)    (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.         (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.     (b)    (1)    A […]

Section 3-215 – Officers and Employees

    (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.     (b)    (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 […]

Section 3-216 – Correctional Officers — Power of Arrest

    (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.     (b)    A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall:         (1)    meet the minimum qualifications required by the Maryland […]

Section 3-217 – Performance Bonds

    (a)    (1)    The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes.         (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 Comptroller, establishes.         (3)    The bond shall be conditioned on the […]

Section 3-218 – Gifts From Inmates

    (a)    An officer or other employee of the Division may not:         (1)    accept a reward or gift, or a promise of a reward or gift, from an inmate in a correctional facility in the Division or from a person on behalf of an inmate;         (2)    receive a devise or bequest, or a promise of a devise or bequest, […]

Section 3-219 – Property Acquisition and Disposal

    (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.     (b)    The Division may sell, dispose of, or otherwise convey any property as appropriate to the needs of the Division and its units.     (c)    The Division holds title to and has possession of […]

Section 3-220 – Financial Control of Facilities

    (a)    The Division controls the financial affairs of each unit in the Division.     (b)    A bill or account against a unit may not be paid unless it is approved by the Division.