Caroline County, MD Chapter 23 Department of Correction

[HISTORY: Adopted by the County Commissioners of Caroline County 5-16-1995 as Bill No. 95-4.[1] Amendments noted where applicable.]

[1] Editor's Note: This bill transferred the responsibility for the operation of the Caroline County Detention Center from the County Sheriff to the Superintendent of the Department of Correction.

§ 23-1 Creation; purpose.

A. There is hereby created a Department of Correction (the "Department") under the immediate direction of a Superintendent who shall be appointed by the County Commissioners.

B. The Department shall operate all programs pertaining to detention of persons under the jurisdiction of the County government who are awaiting trial, who have been convicted of a crime and sentenced by a court of competent jurisdiction for a term in the Caroline County Detention Center or who are being held for any other lawful purpose.

§ 23-2 County Detention Center.

The Caroline County Detention Center is an institution within the Department of Correction, and it shall hereinafter be named the "Caroline County Detention Center."

§ 23-3 Duties, powers and qualifications of Superintendent.

A. The Superintendent of the Department of Correction shall be responsible for the safekeeping, care and custody of all inmates in the County Detention Center from the time they are lawfully committed thereto until they are lawfully discharged, released or withdrawn therefrom.

B. The Superintendent shall promulgate rules and regulations of the County which pertain to the administration and operation of the Department of Correction, not inconsistent with law, necessary to exercise the responsibilities and duties of the position.

C. It shall be the responsibility of the arresting law enforcement agency to deliver any prisoner initially committed to the Caroline County Detention Center by court officials. The Superintendent shall be responsible for safe transport of inmates to subsequent court proceedings and, under appropriate circumstances, to employment interviews, rehabilitative programs, approved work sites and to locations that may be necessary for the health, safety and protection of the inmates and the community. The Sheriff's Department may assist with transport of an inmate in an emergency or when circumstances warrant such assistance to protect public safety.

D. Should the facilities of the County Detention Center be inadequate to provide for all inmates lawfully committed therein, the Superintendent may, with the approval of the County Commissioners or their designated agent, make arrangements for the temporary custody of the inmates at other correctional facilities with the state.

E. The Superintendent shall have the authority to transfer custody of inmates to authorized personnel of any other county, state or the government of the United States for transportation to the courts or to some other place of incarceration that may otherwise be provided for by law.

F. The Superintendent or Superintendent's designee may, in cases of emergency (fire, flood or other disaster), order the evacuation of inmates from the Detention Center even when such evacuation may increase the opportunity to escape, provided that such evacuation is initiated to prevent death or serious injury to inmates.

G. The Superintendent is empowered to authorize the Detention Center staff to use deadly force in accordance with law and departmental standard operating procedures.

H. The Superintendent shall supervise and be fully responsible for the staff of the Department of Correction, including correction officers, records clerks and kitchen workers.

I. The Superintendent shall maintain all necessary records and accounts pertaining to the operation of the Detention Center and its inmates and shall create and maintain them in accordance with correctional standards and modern recordkeeping methods.

J. The Superintendent will be provided with staff, equipment and office space at the Detention Center adequate to fulfill the basic duties and responsibilities of the Department. The Superintendent shall actively seek state, federal and foundation grants to assist with operational and capital funding of the Detention Center.

K. In the Detention Center building, the Superintendent shall have jurisdiction over the intake area, cellblocks, control room, visiting areas, exercise yards and secured perimeters, kitchen, boiler room and Detention Center mechanical areas. The Sheriff shall have jurisdiction over all other areas of the building and shall ensure that the Superintendent and Detention Center staff have adequate office space.

L. The Superintendent shall also perform additional duties and functions as directed by the County Commissioners.

M. The Superintendent shall serve at the pleasure of the County Commissioners and shall be supervised by the County Administrator. The Superintendent's staff of the Detention Center shall be employed pursuant to the provisions of the prevailing County employee merit system.

N. The Superintendent shall have, at minimum, the following general qualifications:

(1) Associate of Arts degree in the field of law enforcement or corrections. Years of experience may be used as a substitute for the associate's degree at the discretion of the County.

(2) At least five years' experience with a law enforcement or correction agency.

(3) Ability to interpret, implement and maintain modern correction standards applicable to the Caroline County Detention Center.

(4) Ability to plan for and manage the full operation of the Caroline County Detention Center, including budget development and monitoring, personnel, and purchasing responsibilities, and providing for ongoing and proper maintenance of the physical plant and equipment.

(5) Ability to evaluate and implement policies, procedures, and programs, including rehabilitative programs.

(6) Additional qualifications as specified in the official job class specification for the Superintendent.

§ 23-4 Work on public property.

An inmate confined to the Caroline County Detention Center as an adult under sentence imposed by any court of lawful jurisdiction may be required to perform labor on municipal or County streets or property under the general supervision of the Superintendent of the Detention Center, provided that sufficient direct supervision is available to safeguard the public. No inmate shall be required to perform such labor if the Detention Center physician recommends against it. No inmate shall be required to work more than eight hours a day.

§ 23-5 Levy authorized for payment of salaries and expenses.

The County Commissioners of Caroline County are hereby directed, authorized and empowered to make provision, by appropriation in the annual levy, for sufficient funds to pay the salaries and expenses hereinbefore provided.