(a) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant compassionate leave to an incarcerated individual confined in a correctional facility in the Division to visit a member of the incarcerated individual's immediate family who is seriously ill or attend the funeral of a member of the incarcerated individual's immediate family.
(b)(1) When granting compassionate leave to an incarcerated individual, the Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration shall:
(i) issue a written authorization that:
1. specifies the conditions of the compassionate leave; and
2. may be conditioned on the incarcerated individual's agreement to waive the right to contest extradition proceedings; and
(ii) file a copy of the authorization in the Commissioner's office.
(2) While on compassionate leave, an incarcerated individual at all times shall possess a copy of the authorization for compassionate leave.
(c)(1) The duration of compassionate leave shall include reasonable time:
(i) for travel; and
(ii) for fulfilling the purpose of the leave.
(2) The Commissioner may require an incarcerated individual to whom compassionate leave is granted or anyone acting on the incarcerated individual's behalf to reimburse the Division for the expenses incurred by the Division in granting the leave.
(d) The failure of an incarcerated individual to comply with the terms of the incarcerated individual's authorization for compassionate leave is a violation of § 9-404 of the Criminal Law Article.
(e) The Commissioner may adopt regulations to carry out this section.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 422, § 3, eff. Oct. 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
