(a) This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority.
(b)(1) The appointing authority may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, the public, and the correctional facility.
(2) If the correctional officer is suspended with pay, the appointing authority may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:
(i) a determination by a court with respect to a criminal violation; or
(ii) a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation.
(3) A correctional officer who is suspended under this subsection is entitled to a prompt hearing.
(c)(1) The appointing authority may impose an emergency suspension of correctional powers without pay if:
(i) a correctional officer is charged with a felony;
(ii) a correctional officer is charged with a violation of § 9-415, § 9-416, or § 9-417 of the Criminal Law Article; or
(iii) a correctional officer is charged with a violation of § 9-412 of the Criminal Law Article involving contraband that is:
1. money or a money equivalent; or
2. an item or substance intended to cause physical injury.
(2) A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing, held no more than 90 days after the suspension.
(3) Except as provided in paragraph (4) of this subsection, a correctional officer who is suspended under paragraph (1) of this subsection and who is not convicted of the felony or misdemeanor for which the suspension was imposed shall have:
(i) the suspension rescinded; and
(ii) any lost time, compensation, status, and benefits restored.
(4) Paragraph (3) of this subsection does not apply to a correctional officer who:
(i) resigns before the disposition of the criminal matter for which the suspension was imposed; or
(ii) is no longer employed by the Department when a determination is made by a court with respect to the criminal matter for which the suspension was imposed.
Credits
Added by Acts 2010, c. 194, § 1, eff. Oct. 1, 2010. Amended by Acts 2012, c. 616, § 1, eff. Oct. 1, 2012; Acts 2012, c. 617, § 1, eff. Oct. 1, 2012; Acts 2014, c. 142, § 1, eff. Oct. 1, 2014; Acts 2014, c. 143, § 1, eff. Oct. 1, 2014; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
