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§ 10-901. Definitions

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 9. State Correctional Officers' Bill of Rights (Refs & Annos)
Effective: October 1, 2023
MD Code, Correctional Services, § 10-901
§ 10-901. Definitions
(a) In this subtitle the following words have the meanings indicated.
(b) “Appointing authority” has the meaning stated in § 1-101 of the State Personnel and Pensions Article.
(c) “Correctional officer” means an employee of the Department working in a State correctional facility who serves in the classification of correctional officer II, sergeant, lieutenant, captain, or major, and includes:
(1) a correctional dietary officer;
(2) a correctional maintenance officer;
(3) a correctional laundry officer;
(4) a correctional recreation officer; and
(5) a correctional supply officer.
(d)(1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence, or a contested case proceeding before the Office of Administrative Hearings, elected by the correctional officer.
(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.
(e) “Hearing board” means a hearing board that is authorized under § 10-908 of this subtitle to hold a hearing on a complaint against a correctional officer.
(f) “Intelligence and Investigative Division” means the Intelligence and Investigative Division established under § 10-701 of this title.
(g) “Misconduct” means:
(1) engaging in intentional behavior, without justification, that injures another person, causes damage to property, or threatens the safety of the workplace;
(2) engaging in unjustifiably offensive conduct toward fellow employees, incarcerated individuals, or the public;
(3) using excessive force in the treatment or care of an incarcerated individual;
(4) possessing or trafficking in contraband at a Department facility;
(5) being on duty while under the influence of alcohol or a controlled dangerous substance, or while engaged in the illegal use of a prescription drug;
(6) engaging in a social, personal, intimate, or sexual relationship with an incarcerated individual;
(7) stealing State property with a value of $300 or less;
(8) engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;
(9) willfully making a false official statement or report;
(10) violating a lawful order or failing to obey a lawful order given by a superior;
(11) engaging in any of the actions that are cause for automatic termination of employment under § 11-105 of the State Personnel and Pensions Article; or
(12) committing any violation of the Department's Standards of Conduct.

Credits

Added by Acts 2010, c. 194, § 1, eff. Oct. 1, 2010. Amended by Acts 2014, c. 217, § 1, eff. Oct. 1, 2014; Acts 2014, c. 257, § 1, eff. Oct. 1, 2014; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Correctional Services, § 10-901, MD CORR SERV § 10-901
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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