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II
Ch. 213 2004 LAWS OF MARYLAND
Article - Correctional Services
8-114.
(A) (1) IF THE COMMISSION DETERMINES THAT A CORRECTIONAL FACILITY
IS IN VIOLATION OF THE MINIMUM MANDATORY STANDARDS, THE COMMISSION
SHALL SEND A LETTER OF REPRIMAND COMPLIANCE PLAN TO THE CORRECTIONAL
FACILITY.
(2) THE LETTER OF REPRIMAND COMPLIANCE PLAN SHALL STATE:
(I) WHICH MINIMUM MANDATORY STANDARDS THE
CORRECTIONAL FACILITY HAS VIOLATED;
(II) THE TIME, TO BE DETERMINED BY THE COMMISSION, THAT
THE CORRECTIONAL FACILITY HAS TO ADDRESS THE VIOLATIONS; AND
(III) THE DATE THAT THE COMMISSION SHALL REINSPECT THE
CORRECTIONAL FACILITY TO DETERMINE IF THE CORRECTIONAL FACILITY HAS
COMPLIED WITH THE MINIMUM MANDATORY STANDARDS.
(3) THE COMMISSION SHALL SEND A COPY OF THE LETTER OF
REPRIMAND COMPLIANCE PLAN TO THE EXECUTIVE AND LEGISLATIVE BODY
RESPONSIBLE FOR THE CORRECTIONAL FACILITY.
(B) (1) IF, AFTER SENDING A LETTER OF REPRIMAND COMPLIANCE PLAN
AND REINSPECTING A CORRECTIONAL FACILITY UNDER SUBSECTION (A) OF THIS
SECTION, THE COMMISSION DETERMINES THAT THE CORRECTIONAL FACILITY IS IN
VIOLATION OF THE MINIMUM MANDATORY STANDARDS, THE COMMISSION SHALL
ASSESS A MONETARY FINE AGAINST THE CORRECTIONAL FACILITY.
(2) (I) THE AMOUNT OF THE FINE SHALL BE DETERMINED BY THE
COMMISSION.
(II) WHEN DETERMINING THE AMOUNT OF THE FINE, THE
COMMISSION SHALL CONSIDER;
1. THE SEVERITY OF THE VIOLATION;
2. THE SIZE AND BUDGET OF THE FACILITY; AND
3. WHETHER THE FACILITY HAS VIOLATED THE SAME
MINIMUM MANDATORY STANDARDS WITHIN THE LAST 5 YEARS.
(III) THE AMOUNT OF THE FINE SHALL INCREASE FOR EACH WEEK,
UP TO A MAXIMUM OF 4 WEEKS, THAT THE CORRECTIONAL FACILITY FAILS TO MEET
THE MINIMUM MANDATORY STANDARDS.
(3) ANY FINES COLLECTED BY THE COMMISSION SHALL REVERT TO THE
GENERAL OPERATING FUND OF THE STATE.
(4) IF A CORRECTIONAL FACILITY FAILS TO PAY A FINE ASSESSED BY
THE COMMISSION, THE COMMISSION SHALL PETITION A CIRCUIT COURT WITH
VENUE OVER THE PROCEEDING TO COMPEL COMPLIANCE.
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