ROBERT L. EHRLICH, JR., Governor

Ch. 5

The former specific reference to "the contents" of reports is deleted in light
of the general reference to "the report".

Defined term: "Department" § 2-101
2-310. CONFINEMENT OF ARRESTEES.

(A)     IN GENERAL.

UNLESS SUFFICIENT FACILITIES ARE NOT AVAILABLE, THE MANAGING
OFFICIAL OF A CORRECTIONAL FACILITY SHALL RECEIVE AND CONFINE AN
INDIVIDUAL ARRESTED BY A POLICE EMPLOYEE WITHOUT WARRANT OR ON
WARRANT FROM A COUNTY.

(B)     CUSTODY OF DEPARTMENT; RELEASE.

(1) AN INDIVIDUAL CONFINED UNDER SUBSECTION (A) OF THIS

SECTION:

(I) IS DEEMED TO BE IN THE CUSTODY OF THE DEPARTMENT; AND

(II) SHALL REMAIN CONFINED UNTIL A COURT OF COMPETENT
JURISDICTION ISSUES A WARRANT OR OTHER PROCESS, OR THE INDIVIDUAL IS
RETURNED TO THE COUNTY.

(2) BEFORE THE ISSUANCE OF A WARRANT OR PROCESS, AN INDIVIDUAL
CONFINED UNDER SUBSECTION (A) OF THIS SECTION MAY BE RELEASED ONLY TO
AND ON WRITTEN ORDER OF A POLICE EMPLOYEE.

(C) PROMPT ARRAIGNMENT.

(1)      THIS SECTION DOES NOT ABRIDGE THE RIGHT OF AN INDIVIDUAL TO
BE TAKEN BEFORE A JUDICIAL OFFICER OF THE STATE PROMPTLY AFTER ARREST.

(2)      THE MANAGING OFFICIAL OF A CORRECTIONAL FACILITY IN WHICH
AN INDIVIDUAL IS CONFINED UNDER THIS SECTION, SHALL NOTIFY THE STATE'S
ATTORNEY IMMEDIATELY IF THE INDIVIDUAL IS CONFINED FOR MORE THAN 12
HOURS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, § 25.

Throughout this section, references to an "individual" are substituted for
the former references to a "person" because only an individual, and not the
other entities included in the defined term "person", can be confined in a
correctional facility.

In subsections (a) and (b)(1)(ii) of this section, references to a "county" are
substituted for the former references to "another county" and "such other
county" because only one county is referred to in this section.

In subsections (a) and (c)(2) of this section, the references to a "managing
official" of a "correctional facility" are substituted for the former references
to a "person having charge of" a "jail or other place of detention" for

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