Ch. 213                                    2004 LAWS OF MARYLAND

COMMISSION MAY CONTRACT WITH AN OUTSIDE EXPERT OBTAIN ASSISTANCE FROM
SOURCES WITH EXPERTISE IN THE SPECIFIC STANDARD.

(II) IF THE COMMISSION NEEDS TO CONTRACT WITH AN OUTSIDE
EXPERT OBTAIN ASSISTANCE, THE CORRECTIONAL FACILITY THAT IS BEING
AUDITED SHALL REIMBURSE THE COMMISSION FOR THE ANY COST OF OBTAINING
THE EXPERT INCURRED.

(5)      (I) AFTER COMPLETING A FULL STANDARDS AND PERFORMANCE
AUDIT, THE COMMISSION SHALL SEND A LETTER TO THE CORRECTIONAL FACILITY.

(II)     THE LETTER SHALL CONTAIN:

1.       A COPY OF THE AUDIT FINDINGS, INCLUDING DETAILS ON
ALL AREAS WHERE THE CORRECTIONAL FACILITY FAILS TO COMPLY WITH THE
MINIMUM MANDATORY STANDARDS;

2.       A STATEMENT OF WHAT ACTIONS THE CORRECTIONAL
FACILITY MUST TAKE IN ORDER TO COMPLY WITH THE AUDIT FINDINGS;

3.       A DATE WHEN THE CORRECTIONAL FACILITY MUST
COMPLY WITH THE AUDIT FINDINGS; AND

4.       A STATEMENT THAT THE COMMISSION WILL CONDUCT AN
UNANNOUNCED INSPECTION OF THE CORRECTIONAL FACILITY WITHIN A
REASONABLE AMOUNT OF TIME AFTER THE DATE OF SPECIFIED FOR COMPLIANCE
AND THAT IF THE CORRECTIONAL FACILITY FAILS TO COMPLY, THE COMMISSION
CAN MAY SEEK A COURT ORDER REQUIRING COMPLIANCE OR ORDER ALL OR PART
OF THE CORRECTIONAL FACILITY TO CEASE OPERATIONS.

(III)   THE COMMISSION SHALL SEND A COPY OF THE LETTER TO THE
EXECUTIVE AND LEGISLATIVE BODY RESPONSIBLE FOR THE CORRECTIONAL
FACILITY.

(6)     WITHIN A REASONABLE TIME AFTER THE DATE OF SPECIFIED FOR
COMPLIANCE, THE COMMISSION SHALL CONDUCT AN UNANNOUNCED INSPECTION
TO VERIFY THAT THE CORRECTIONAL FACILITY HAS COMPLIED WITH THE AUDIT
FINDINGS.

[(a)](D) (1) If, after PERFORMING AN AUDIT AND UNANNOUNCED
INSPECTION UNDER SUBSECTION (C) OF THIS SECTION AND holding a hearing on the
issue, the Commission determines that a correctional facility [is in violation of the
minimum mandatory standards] HAS NOT COMPLIED WITH THE AUDIT FINDINGS,
the Commission [may] SHALL:

(I)      PETITION A CIRCUIT COURT WITH VENUE OVER THE
PROCEEDING FOR A COURT ORDER REQUIRING THE CORRECTIONAL FACILITY TO
COMPLY WITH THE AUDIT FINDINGS; OR

(II)     issue an order to cease operation of the correctional facility or
any of its correctional elements, procedures, or functions.

- 802 -