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§ 10-701. Intelligence and Investigative Division

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 10. State Correctional Facilities (Refs & Annos)
Subtitle 7. Intelligence and Investigative Division (Refs & Annos)
Effective: October 1, 2023
MD Code, Correctional Services, § 10-701
§ 10-701. Intelligence and Investigative Division
(a)(1) There is an Intelligence and Investigative Division in the Department.
(2) The Secretary shall appoint the Director of the Intelligence and Investigative Division.
(3) Subject to the authority of the Secretary, the Intelligence and Investigative Division shall:
(i) investigate:
1. alleged criminal violations committed by employees of the Department while on duty;
2. alleged criminal violations committed by incarcerated individuals, visitors, and other individuals that affect the safety or security of the Department's facilities or programs; and
3. alleged professional misconduct by employees of the Department;
(ii) adopt regulations for the conduct of its investigations; and
(iii) oversee and coordinate all intelligence efforts within the Department.
(b) An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is owned, leased, operated by, or under the control of the Department.
(c)(1) An investigator in the Intelligence and Investigative Division may exercise the powers of a peace or police officer in the State on property that is not owned, leased, operated by, or under the control of the Department when:
(i) engaged in fresh pursuit of a suspected offender;
(ii) requested or authorized to do so by the chief executive officer or chief police officer of a county;
(iii) necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Department;
(iv) necessary to investigate and protect property that is owned, leased, operated by, or under the control of the Department;
(v) engaged in an active and official investigation of the conduct of an employee of the Department when the employee's alleged conduct will compromise the safety or security of the Department's facilities or programs;
(vi) engaged in an active and official investigation of an incarcerated individual in the custody of the Commissioner of Correction or the Commissioner of Pretrial Detention and Services, an incarcerated individual subject to the jurisdiction of the Patuxent Institution, or an individual sentenced to probation or released on parole or mandatory supervision; or
(vii) ordered to do so by the Governor.
(2) When acting under the authority granted in this subsection in connection with an investigation or enforcement action, the Intelligence and Investigative Division shall notify the following persons:
(i) when in an incorporated municipality, the chief of police, if any, or the chief's designee;
(ii) when in a county that has a county police department, the chief of police or the chief's designee;
(iii) when in a county without a police department, the sheriff or the sheriff's designee;
(iv) when in Baltimore City, the Police Commissioner or the Police Commissioner's designee;
(v) when on any property owned, leased, operated by, or under the control of the Department of Natural Resources, the Secretary of Natural Resources or the Secretary's designee;
(vi) when on any property owned, leased, operated by, or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, the respective chief of police or the chief's designee; and
(vii) unless there is an agreement otherwise with the Department of State Police, the Department of State Police barrack commander or designee.
(3) The notification required under paragraph (2) of this subsection shall be made:
(i) in advance, if practicable; or
(ii) if advance notification is not practicable, as soon as possible after the exercise of the powers.
(4) When acting under the authority granted in this subsection, a member of the Intelligence and Investigative Division shall have all the immunities from liability and exemptions as that of a State Police officer in addition to any other immunities and exemptions to which the member may otherwise be entitled.
(5) A member of the Intelligence and Investigative Division who uses the authority granted in this subsection shall at all times and for all purposes remain an employee of the Intelligence and Investigative Division.
(d) An individual who is employed as an investigator in the Intelligence and Investigative Division shall meet the minimum qualifications required and satisfactorily complete the training prescribed by the Maryland Police Training Commission.

Credits

Added by Acts 1999, c. 393, § 1, eff. Oct. 1, 1999. Amended by Acts 2014, c. 217, § 1, eff. Oct. 1, 2014; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Correctional Services, § 10-701, MD CORR SERV § 10-701
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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