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ROBERT L. EHRLICH, JR., Governor
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Ch. 91
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THE COMMISSION OR ALLEGED COMMISSION OF A CRIME OR AN ACT THAT WOULD
BE A CRIME IF COMMITTED BY AN ADULT.
(2) "CORRECTIONAL UNIT" INCLUDES:
(I) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES;
(II) THE DEPARTMENT OF JUVENILE SERVICES; AND
(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
(C) "MUTUAL AID AGREEMENT MEANS AN 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.
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.
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.
(B) (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.
(2) THE PARTY THAT REQUESTS ASSISTANCE NEED NOT INDEMNIFY
THE PARTY THAT PROVIDES ASSISTANCE IF:
(I) THE PARTY THAT PROVIDES ASSISTANCE DOES NOT
COOPERATE IN DEFENDING AGAINST A CLAIM MADE BY A THIRD PARTY; OR
(II) THE CLAIM BY A THIRD PARTY ARISES OUT OF A MALICIOUS
ACT OF THE PARTY THAT PROVIDES ASSISTANCE.
(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.
- 633 -
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