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Session Laws, 1999
Volume 796, Page 853   View pdf image
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(B) MANAGING OFFICIAL — LOCAL CORRECTIONAL FACILITY.

(1) IN A COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE XI-A
OF THE MARYLAND CONSTITUTION, THE COUNTY COUNCIL, BY RESOLUTION OR LAW,
MAY PROVIDE FOR THE APPOINTMENT OF A QUALIFIED INDIVIDUAL AS MANAGING
OFFICIAL OF THE LOCAL CORRECTIONAL FACILITY AND FOR QUALIFIED ASSISTANTS
NECESSARY TO PERFORM THE DUTIES OF THAT OFFICE.

(2) A MANAGING OFFICIAL IS RESPONSIBLE FOR THE SAFEKEEPING,
CARE, AND FEEDING OF INMATES COMMITTED TO THE CUSTODY OF A LOCAL
CORRECTIONAL FACILITY, INCLUDING AN INMATE WHO IS WORKING ON THE PUBLIC
HIGHWAYS OR GOING TO AND FROM THAT WORK, UNTIL THE INMATE IS
DISCHARGED, RELEASED, OR WITHDRAWN FROM THE LOCAL CORRECTIONAL
FACILITY BY DUE COURSE OF LAW.

(3) EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THIS SUBSECTION DOES NOT AFFECT THE POWERS AND DUTIES OF
THE SHERIFF OF A COUNTY RELATING TO CUSTODY AND SAFEKEEPING OF INMATES.

(C) ANNE ARUNDEL COUNTY — LIMITED AUTHORITY OF CERTIFIED LAW
ENFORCEMENT OFFICERS.

THE COUNTY COUNCIL OF ANNE ARUNDEL COUNTY, BY RESOLUTION OR LAW,
MAY PROVIDE FOR THE CUSTODY, SAFEKEEPING, AND TRANSPORTATION OF
INMATES BY CERTIFIED LAW ENFORCEMENT OFFICERS OTHER THAN THE SHERIFF.

(D) BALTIMORE COUNTY JAIL — SHERIFF'S DUTIES.

THE COUNTY COUNCIL OF BALTIMORE COUNTY, BY RESOLUTION OR LAW, MAY
REQUIRE THAT THE SHERIFF OF BALTIMORE COUNTY OPERATE AND ADMINISTER
THE BALTIMORE COUNTY JAIL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 87, 45, 47, 48, and 48A. It is revised as a
comprehensive statement on authority for custody of inmates to more
accurately express the apparent intent of the law.

In subsection (a) of this section, the references to "individual[s]" are
substituted for the former references to "persons" for accuracy because
only a human being, and not the other entities included in the defined
term "person", can be committed to a sheriff for safekeeping. See § 1-101 of
this article for the definition of "person". Similarly, in subsection (b)(1) of
this section, the reference to a qualified "individual" is substituted for the
former reference to a qualified "person" because only a human being can be
appointed as managing official of a local correctional facility.

In subsection (a)(2) of this section, the references to an individual who is
committed "to the custody of the sheriff" are added for consistency with
subsection (a)(1) of this section. Similarly, in subsection (b)(2) of this
section, the reference to an inmate who is committed "to the custody of a
local correctional facility" is added for consistency with subsection (a)(1) of
this section.

 

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Session Laws, 1999
Volume 796, Page 853   View pdf image
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