(1) WITH THE ADVICE OF THE COMMISSION, THE SECRETARY SHALL
ADOPT REGULATIONS THAT ESTABLISH APPROVED STANDARDS APPLICABLE TO
PERSONNEL, TRAINING, ADMINISTRATION, MANAGEMENT, PLANNING AND
COORDINATION, RESEARCH AND EVALUATION, PHYSICAL PLANT, SPECIAL
MANAGEMENT INMATES, RULES AND DISCIPLINE, MAIL AND VISITING, RECEPTION
AND ORIENTATION, PROPERTY CONTROL, WORK PROGRAMS, EDUCATIONAL "AND
VOCATIONAL TRAINING, LIBRARY SERVICES, RELIGIOUS SERVICES, RECREATIONAL
ACTIVITIES, COUNSELING, RELEASE PREPARATION, AND VOLUNTEERS.
(2) THE APPROVED STANDARDS ADOPTED UNDER PARAGRAPH (1) OF
THIS SUBSECTION:
(I) SHALL APPLY TO ALL STATE CORRECTIONAL FACILITIES; AND
(II) MAY BE ADOPTED, AS A WHOLE OR IN PART, BY A LOCAL
CORRECTIONAL FACILITY.
(C) FEDERAL AND STATE LAW.
THE STANDARDS ADOPTED UNDER THIS SECTION SHALL BE CONSISTENT WITH
FEDERAL AND STATE LAW.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-401(b)(7) and (8) and former Art. 27, §
704(b) and the first sentence and, as it related to the meaning of
"standards", the third sentence of (a).
In subsections (a)(1) and (b)(1) of this section, the former requirement that
the Secretary "develop and" adopt standards is deleted as surplusage.
Also in subsections (a)(1) and (b)(1) of this section, the former reference to
a "rule" is deleted in light of the reference to a "regulation". See General
Revisor's Note to this article.
Also in subsections (a)(1) and (b)(1) of this section, the former requirement
that standards be adopted for "jails and other places used for confinement
or detention of adult offenders against the laws of this State" is deleted in
light of subsections (a)(2) and (b)(2) of this section, which provide for the
applicability of the standards.
In subsection (b)(1) of this section, the former reference to "inmate"
property control is deleted as implicit in the structure of the revised text.
Similarly, the former reference to "inmate" work programs is deleted.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that former Art. 27, § 704(a) and
former Art. 41, § 4-401(b)(8) were inconsistent regarding the issue of
whether the Secretary is required to adopt approved standards. The
language of former Art. 27, § 704(a), which provided that the Secretary
"shall" adopt approved standards and that such standards "shall include
the items enumerated in" former Art. 41, § 4-401(b)(8), suggested that the
Secretary is required to adopt approved standards. In contrast, the
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