eLaws | eCases | Unannotated Code of Maryland and Rules | Maryland Courts | Counties & Cities of Maryland | Code of Federal Regulations | United States Code |
 Montgomery County
 Code
 Part II. Local Laws, Ordinances, Resolutions, Etc.
 Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
 Article I. In General. [Note]

§ 13-1. Powers and duties generally of director of department of correction and rehabilitation.  

Latest version.
  • (a) The director of the department of correction and rehabilitation, thereafter in this chapter referred to as the director, shall recommend to the county executive who may adopt under method (2) of section 2A-15 of this Code, all regulations of the county which pertain to the administration and operation of the department of correction and rehabilitation, not inconsistent with law, necessary to exercise the responsibilities and duties of the position.
    (b) The director or designee may in cases of emergency (fire, flood or other disaster) order the evacuation of inmates from the detention center even when such evacuation may increase the opportunity to escape; provided, that such evacuation is initiated to prevent death or serious injury to inmates.
    (c) The director is empowered to authorize the staff at the detention center to use deadly force in accordance with the departmental standard operating procedures.
    (d) The director shall be responsible for the safekeeping, care and custody of all inmates from the time they are lawfully committed to the department of correction and rehabilitation until they are lawfully discharged, released or withdrawn therefrom.
    (e) The director or designee shall have the authority to transfer custody of inmates to authorized personnel for transportation to courts, hospitals, physicians for medical consultations, dentists for dental care, police stations and other locations necessary for appointments for the health, safety and protection of the inmate and community.
    (f) The director or designee shall have the authority to designate staff members to escort selected inmates outside the detention center for employment interviews, and for participation in departmental presentations to community groups on incarceration and crime.
    (g) The director or designee shall have the authority to place an inmate sentenced to the department on compassionate leave expressly for the purpose of visiting a member of his/her immediate family who is seriously ill or for attending the funeral of a member of his/her immediate family for a period not to exceed seventy-two (72) hours. (1976 L.M.C., ch. 24, § 1; 1978 L.M.C., ch. 15, § 1; 1984 L.M.C., ch. 24, § 16.)
    Editor’s note-This section is cited in Polk v. Montgomery County, 548 F.Supp. 613 (D.Md. 1982).
    See County Attorney Opinion dated explaining that, with limited exceptions, the County does not have financial responsibility for the payment of a judgment or settlement of a tort action against the Sheriff or Deputy Sheriff even if it arises out of an employment relationship.