The Secretary serves on the Cabinet Council on Criminal and Juvenile Justice while co-chairing the Council's Task Force on Sentencing and Intermediate Sanctions. The Secretary also serves on the Governor's Executive Council; the State Information Technology Board; the Vehicle Theft Prevention Council; the State Board of Victim Services; the Institutional Educator Pay Plan Committee; the Pricing Committee for Blind Industries and Services of Maryland; the Pricing and Selection Committee for Rehabilitation and Employment Programs; and the Interdepartmental Advisory Committee for Minority Affairs.

Reporting directly to the Secretary are the Police and Correctional Training Commissions; the Division of Pretrial Detention and Services; the Division of Correction; Patuxent Institution; the Maryland Parole Commission; and the Division of Parole and Probation. The office of the Secretary also oversees the the Commission on Correctional Standards; the Handgun Permit Review Board; and the Sundry Claims Board. The Secretary is assisted by a deputy secretary and an assistant secretary.

The Office of Inspector General began in May 1987 as the Division of Audits and Compliance, an independent unit within the Office of the Secretary. The Division was established by the Secretary in compliance with the Standards for the Professional Practice of Internal Auditing (SPPIA), which require every internal audit unit to have a written charter (Code 1957, Art. 41, sec. 4-104). In 1993, the Division was reorganized as the Office of Inspector General with units for audits, investigations and management services.

The Office ensures objective review of agency facilities, property, equipment, personnel, administration, and operations. To assist the Secretary in evaluating each unit's management, the Office conducts financial, performance, program and grant audits or inspections within the Department.

In practice, the Office achieves its purpose through ongoing audit, inspection, investigation, monitoring, and periodic reporting of all Department functions. The Office reports to the Secretary on matters requiring corrective action, primarily through fiscal and management audit reports. These reports assess a unit's level of compliance with applicable laws, regulations, directives, procedures, and standards, and recommend corrective action of any deficiency.

DEPUTY SECRETARY

ADMINISTRATION

INMATE GRIEVANCE OFFICE

Any person confined to an institution within the Division of Correction, or otherwise in the custody of the Commissioner of Correction, or confined to Patuxent Institution may submit any grievance or complaint against any official or employee of the Division of Correction or Patuxent Institution to the Inmate Grievance Office. A grievance or complaint that merits further consideration is referred to the Office of Administrative Hearings.

With the approval of the Governor, the Secretary of Public Safety and Correctional Services appoints the Executive Director (Code 1957, Art. 41, sec. 4-102.1).

POLICE & CORRECTIONAL TRAINING COMMISSIONS

DIVISION OF PRETRIAL DETENTION & SERVICES

The Division of Pretrial Detention and Services was established within the Department in 1991 (Chapter 59, Acts of 1991). At that time, the State assumed responsibility for the Baltimore City Jail and renamed it the Baltimore City Detention Center. Maryland is the only state which has administrative control over a large local detention center.

The Division oversees the Baltimore City Detention Center; Pretrial Release Services; and the Central Booking and Intake Facility for those arrested and awaiting trial in criminal proceedings before the District Court or the Circuit Court of Baltimore City. Appointed by the Secretary of Public Safety and Correctional Services with the Governor's approval, the Commissioner of Pretrial Detention and Services heads the Division (Code 1957, Art. 41, secs. 4-1401 through 4-1414).

The Baltimore City Detention Center originally formed in the eighteenth century as the Baltimore City Jail. In 1802, it was replaced by a new jail on Mill Street on the east side of Jones Falls. An annex for women inmates was constructed in 1823. The jail structure served until 1860 when a new building opened at Madison Street and Jones Falls. Over the years, the building expanded. In 1960, connective north and south wings were constructed; in 1971, a separate jail for women was built.

By 1991, Baltimore City Jail consisted of seven buildings. Five were maximum- and medium-security structures: the Men's Detention Center; Women's Detention Center; Jail Industries Building; Wyatt Building; and the Annex Building. Minimum-security persons were housed in two satellite facilities: O'Brien House; and the Resident Labor Facility. In 1991, the State took over administration of the Baltimore City Jail and renamed it the Baltimore City Detention Center under the Division of Pretrial Detention and Services (Chapter 59, Acts of 1991).

The Baltimore City Detention Center is one of the largest municipal jails in the nation. Over 20,000 inmates are committed to the Center annually. The daily number of inmates averages over 3,000. The Center is a pretrial detention facility for any person committed or transferred to the custody of the Commissioner of Pretrial Detention and Services. The Center, as authorized by the Secretary of Public Safety and Correctional Services, also may house any person held in custody by any agency of the Department of Public Safety and Correctional Services.

The Warden is appointed by the Commissioner of Pretrial Detention and Services with the approval of the Secretary of Public Safety and Correctional Services (Code 1957, Art. 41, secs. 4-1407 through 4-1414).

The Central Booking and Intake Facility opened in July 1995 in Baltimore City. All adults arrested in Baltimore City are processed or "booked" at the Facility. Previously, suspects were booked at district police stations around the City. The Facility includes Pretrial Release Services; the District Court Commissioners for Baltimore City; the Office of State's Attorney for Baltimore City; and Baltimore City Police Services (Code 1957, Art. 41, sec. 4-1414).

The Facility uses the Automated Booking System, designed to become a statewide criminal justice information network. Currently, six counties and the Facility are part of the System. With uniform data entries, the System quickly identifies a detainee, and any previous criminal history or outstanding arrest warrants.

The booking process begins with a bar-coded bracelet assigned to the detainee for tracking purposes. Then, the detainee's personal, descriptive and demographic information is entered into the System. Biometric identification is done by laser-scan digitized fingerprinting and digitized video photos, which can be transmitted electronically for quick comparison.

As the booking process continues, the arresting officer enters data into the System about the arrest and charges. This report goes to an on-site District Court Commissioner who conducts an initial hearing to determine probable cause, set bail, and assign a trial date. After identification, the detainee is interviewed by a pretrial investigator. Booking then is completed. With new technology, the process is expected to take under four hours.

After booking, the detainee either is released on recognizance, posts bail, or is assigned to the Facility. For intake, the detainee is issued a new bar code with a Maryland identification number and photograph, and undergoes a video bail review by a judge, eliminating the need to transport suspects to District Court. The efficiency of the process is intended to reduce the number of people jailed before trial and save the costs of housing defendants.

Formerly under the Circuit Court for Baltimore City, the Pretrial Release Services Division became a unit of the Division of Parole and Probation in 1985 (Chapter 725, Acts of 1985). In 1988, the Pretrial Release Services Division was established as a separate division within the Department of Public Safety and Correctional Services (Chapter 474, Acts of 1988). The Division was reorganized as a program within the Division of Pretrial Detention and Services in 1991 (Chapter 59, Acts of 1991).

Pretrial Release Services investigates all defendants awaiting trial in criminal proceedings before the Baltimore City Circuit Court and the District Court of Maryland for Baltimore City. The Program then provides the courts with verified information regarding the defendant's ties to the community and special problems such as alcoholism, drug addiction, or residential placement needs. The Program also makes recommendations to the courts regarding pretrial release or detention of defendants awaiting trial.

Of some 51,978 defendants screened annually, the Program supervises and monitors approximately 19,000 defendants for whom the court orders pretrial release. Urine testing surveillance is used for some of these defendants. At trial or in subsequent proceedings, the Program reports to the court on the defendant's compliance with the terms of pretrial release. These compliance reports are used for sentencing decisions and, in some instances, plea bargaining negotiations.

To minimize unnecessary incarceration, the Program develops alternative sanction plans under court supervision, and arbitrates or mediates disputes when requested by the court. Under scrutiny of the courts, the State's Attorney, and the Public Defender or private counsel, the Program presents and defends alternatives to prosecution.

In addition, the Program reviews the status of defendants in pretrial detention in the Baltimore City Detention Center. To reduce overcrowding, the Program recommends options to the court, such as scheduling early trials; monitors writs, detainers, and violations of court orders; and further investigates the feasibility of recognizance or reduced bail for some defendants.

The Director and Deputy Director are appointed by the Commissioner of Pretrial Detention and Services with the approval of the Secretary of Public Safety and Correctional Services (Code 1957, Art. 41, secs. 4-1401 through 4-1406).

DIVISION OF CORRECTION

The Division of Correction originated in the nineteenth century when the first State prisons - the Maryland Penitentiary and the Maryland House of Correction - were erected. Prior to 1916, the two prisons were autonomous. Each operated under the jurisdiction of either a board of directors or a board of managers appointed by the Governor. In 1916, these institutions were placed under the State Board of Prison Control (Chapter 556, Acts of 1916). The Board of Welfare superseded the State Board of Prison Control in 1922 to administer the prisons (Chapter 29, Acts of 1922). In 1939, the Department of Correction and the Board of Correction replaced the Board of Welfare (Chapter 69, Acts of 1939).

The Superintendent of Prisons became administrator of the Department of Correction in 1953 (Chapter 758, Acts of 1953). The Board of Correction established departmental policies and appointed executive personnel for institutions under the jurisdiction of the Department on recommendations made by the Superintendent of Prisons. In 1962, the Advisory Board of Corrections replaced the Board of Correction, and the Superintendent of Prisons was succeeded by the Commissioner of Correction (Chapter 123, Acts of 1962). The Department of Correction was renamed the Department of Correctional Services in 1968 (Chapter 137, Acts of 1968).

All State correctional responsibilities were assigned to the Department of Public Safety and Correctional Services in 1970 (Chapter 401, Acts of 1970). At that time, the Department of Correctional Services was reorganized as the Division of Correction under the Secretary of Public Safety and Correctional Services.

The Division of Correction plans, establishes, and directs the administration of State correctional facilities. The Division is responsible for the Maryland Reception, Diagnostic, and Classification Center; the Maryland Correctional Pre-Release System; State Use Industries; and nine State prisons:

Maryland Penitentiary (Baltimore)
Roxbury Correctional Institution - Hagerstown
Maryland Correctional Institution - Hagerstown
Maryland Correctional Training Center (Hagerstown)
Maryland House of Correction (Jessup)
Maryland Correctional Institution - Jessup
Maryland Correctional Institution for Women - Jessup
Eastern Correctional Institution (Westover)
Western Correctional Institution (Allegany County, opened July 1996)

The Commissioner of Correction is appointed by the Secretary of Public Safety and Correctional Services with the approval of the Governor and Senate advice and consent (Code 1957, Art. 27, secs. 667-679).

The Maryland Reception, Diagnostic and Classification Center began in June 1967 as a reception center in the south wing of the Maryland Penitentiary (Chapter 695, Acts of 1967). At its present location, the Center opened in October 1981. Here, male inmates are diagnostically evaluated, classified, and assigned to an institution of the Division of Correction. A maximum-security facility, the seven-story Center has a rated capacity of 400 inmates (Code 1957, Art. 27, secs. 689(g)-700(a)).

The Maryland Penitentiary is the State's only maximum-security prison. It confines male prisoners sentenced to long terms. Authorized in 1804, the Maryland Penitentiary opened in 1811 (Resolution no. 32, Acts of 1804). It is Maryland's oldest State prison.

In 1894, the major portion of the physical plant was built. A south wing was completed in 1899. The most recent additions were made in 1956. Then, the old administration building and one of the original cell houses were replaced by a sixty-bed general hospital for men in the correctional system.

A maximum-security section to confine prisoners under sentence of death and an execution chamber were erected in 1956. Executions ceased in Maryland from June 1961 to May 1994. By statute, in 1994, the method of execution was changed from lethal gas to lethal injection (Chapter 5, Acts of 1994).

Under the Maryland Penitentiary are the Maryland Correctional Adjustment Center, and the Metropolitan Transitional Services Center.

The Roxbury Correctional Institution is a 721-bed medium-security prison for men. The Institution opened in December 1983.

Two housing areas have been added to the prison. In 1980, the Roxbury Emergency Housing Unit opened with a 128-bed capacity. The Western Program Development Center, a second emergency housing unit of 420 beds, opened in 1983.

The Maryland Correctional Training Center, a medium-security institution, was authorized in 1966 (Chapter 385, Acts of 1966). The Center offers educational and vocational training to male inmates. Prisoners who are not amenable to rehabilitation remain in or are transferred to the Maryland Correctional Institution - Hagerstown.

A work release center occupies a separate building on the grounds of the Maryland Correctional Training Center. The work release center has a rated capacity of 75 beds and houses those inmates on the Work Release Program and several inmates who are part of the institutional cadre. Another minimum security unit, opened in 1977, has a rated capacity of 128 beds.

A medium-security prison, Western Correctional Institution opened in July 1996. It is designed to house 1,296 inmates with some 450 staff. Based on prototypes of the facilities at the Maryland House of Correction Annex in Jessup, housing consists of a 144-cell unit and three 192-cell units. Two of these units, along with support services, basic site work, utilities, and perimeter security were completed in 1996. The facility opened with the capacity to house 768 inmates. The remaining housing units were completed in 1997.

The Institution's central services - administration, maintenance, laundry, and warehouse - are set apart from inmate housing areas. Food is shipped from the Hagerstown central kitchen several times per week, with final preparations in the Institution's finishing kitchen. The perimeter security fence is maximum security.

The Maryland House of Correction is the second oldest prison in the State. Authorized in 1874 and opened in 1879, it is a medium-security institution for men serving sentences of three months or longer (Chapter 233, Acts of 1874). The prison is situated on 800 acres south of MD Route 175 between U.S. Route 1 and the Baltimore-Washington Parkway in both Anne Arundel and Howard counties.

The Maryland Correctional Institution at Jessup opened in 1981 as an annex to the Maryland House of Correction. Now, the Institution is a separate facility sharing certain services with the House of Correction. The Institution is a medium-security prison with a rated capacity of 512 male inmates serving sentences of three months or longer.

In the nineteenth century, women prisoners first were housed in quarters reserved for them at the Maryland Penitentiary. The Maryland House of Correction, opened in 1879, also was built with separate quarters for women. Although advocated by the Maryland Penitentiary Penal Commission in 1913, not until 1939 did the State construct a separate prison for women.

On land adjacent to the House of Correction, a separate prison for women was authorized in 1937 (Chapter 487, Acts of 1937). A grant from the federal Works Progress Administration augmented State funds and construction began in 1939. What is now the Maryland Correctional Institution for Women - Jessup received its first prisoners on October 1, 1940, and formally was established in 1941 as the Women's Prison of the State of Maryland (Chapter 71, Acts of 1941). The Prison was renamed Maryland State Reformatory for Women in 1945 (Chapter 520, Acts of 1945). In 1962, it became the Maryland Institution for Women and adopted its present name in 1964.

The Reception-Diagnostic Classification Center at the Institution receives all adult women who have been convicted of felonies and misdemeanors and sentenced to the jurisdiction of the State for terms of six months to life. After classification at the Center, women inmates are transferred to a prison to complete their sentences.

Located in Somerset County, the Eastern Correctional Institution opened in 1987. The Institution is a medium- and maximum-security prison for men. It has a rated capacity of 1,440 inmates.

The Maryland Correctional Pre-Release System operates one medium-security facility, three minimum-security units, and six pre-release units that provide work and other rehabilitation for men, and one pre-release unit that provides such services for women. These facilities mainly house inmates in the Work Release Program. Before assignment to a pre-release unit, inmates are screened carefully at the Reception Center or at the institutions to which they are assigned.

The minimum-security pre-release units originated in 1955 as work camps (Chapter 266, Acts of 1955). Later, they became known as correctional camps (Code 1957, Art. 27, sec. 689(f)). In 1972, the camps were renamed community correctional centers (Chapter 464, Acts of 1972). Four years later, they were reorganized as community adult rehabilitation centers (Chapter 234, Acts of 1976). In July 1978, the community adult rehabilitation centers were placed under the Correctional Pre-Release System. They were renamed pre-release units in September 1978.

State Use Industries was established under the Board of Correction in 1937 (Chapter 213, Acts of 1937). In 1970, the program was placed within the Division of Correction. The program was designed to provide essential work and training for prisoners and to produce needed goods for State government with inmate labor.

At a cost that does not exceed the prevailing average market price, State Use Industries supplies services and produces goods. These are used by municipal, county, State and federal institutions or agencies and those of other states. They also are available to any charitable, civic, educational, fraternal or religious association, institution, or agency for its own use and not for resale to others within one year of purchase (Code 1957, Art. 27, secs. 680-681M).

PATUXENT INSTITUTION

Authorized in 1951, Patuxent Institution opened in 1955 under administration by the Department of Correction (Chapter 476, Acts of 1951). The Institution became an autonomous agency under the control of the Board of Patuxent Institution in 1961 (Chapter 629, Acts of 1961). In 1970, the Institution was made part of the Department of Public Safety and Correctional Services (Chapter 401, Acts of 1970). Patuxent's status has continued as an institution separate from the Division of Correction, and it has retained its own board.

Patuxent Institution treats and rehabilitates eligible male and female prisoners who are mentally disordered or physically impaired, including some chronic youthful offenders. The Institution offers medical, psychiatric, psychological and social casework services, as well as academic, vocational, recreational and religious services. Treatment also is provided for individuals on pre-parole and parole status.

The Commissioner of Correction may refer a prisoner to Patuxent Institution for evaluation when so recommended by the sentencing court, the State's Attorney of the jurisdiction in which the person was last sentenced, or the staff of the Division of Correction. The Commissioner also may refer prisoners in response to their applications. Each referred prisoner is transferred to the Institution and evaluated by a team consisting of at least three professional employees of the Institution, including at least one psychiatrist, one psychologist, and one social worker. The evaluation team assembles and reviews relevant information and examines the prisoner. The team then determines whether the individual is eligible and states its findings in a report to the Director. If not eligible, the prisoner is returned to the Division of Correction to continue his or her sentence. If eligible, the prisoner remains at Patuxent Institution for treatment.

Appointed by the Secretary of Public Safety and Correctional Services, the Director administers the Institution. Of two Associate Directors, one must be a psychiatrist and one a behavioral scientist. They assist primarily in diagnosis and treatment. The Warden is in charge of custody. By law, the staff also must include at least three additional psychiatrists or clinical psychologists, and at least four trained social workers (Code 1957, Art. 31B).

MARYLAND PAROLE COMMISSION

The Maryland Parole Commission originated in 1914 as the Advisory Board of Parole (Chapter 500, Acts of 1914). In 1922, Board functions were assumed by the Parole Commissioner (Chapter 29, Acts of 1922). The Board of Parole and Probation succeeded the Parole Commissioner in 1939 (Chapter 406, Acts of 1939). In 1968, the Board of Parole and Probation was reformed as the Board of Parole (Chapter 457, Acts of 1968). It was replaced by the Maryland Parole Commission in 1976 (Chapter 540, Acts of 1976).

Having served one-fourth of the term or consecutive terms in confinement, a prisoner is considered for parole if sentenced to a term of six months or more under jurisdiction of the Division of Correction, or any other place of confinement or detention for violators of State criminal laws. This includes local jails and detention centers.

The Commission has exclusive power to hear certain serious cases for parole release and to conduct hearings for revocation of parole. The Commission can issue warrants for the return to custody of alleged violators of parole and can suspend or revoke parole upon a showing of its violation.

To hear certain cases for parole release, the Commission uses hearing examiners. Decisions of the examiners, if concurred with by the Commission on summary review, become final. A final decision of the examiner may be appealed to a panel of Commission members for review upon the record. The decision of the appeal panel is final.

The Commission may ask the Division of Parole and Probation, the Division of Correction, or the Division of Pretrial Detention and Services to make investigations to help determine the advisability of granting parole. The Commission evaluates information from the Division of Parole and Probation on the behavior of parolees. In addition, the Commission directs the Division of Parole and Probation to conduct investigations from which recommendations are made to the Governor on pardons, commutations of sentences, and parole of persons sentenced to life imprisonment.

The Commission also may negotiate and execute tri-party contracts for the release on parole of an inmate at a predetermined future date, and upon the fulfillment of conditions specified in the contract. Signatories to such mutual agreements are the Maryland Parole Commission, the Commissioner of Correction, and the inmate.

The Commission's eight members are appointed to six-year terms by the Secretary of Public Safety and Correctional Services with the Governor's approval and Senate advice and consent. With the Governor's approval, the Secretary of Public Safety and Correctional Services names the chair (Code 1957, Art. 41, secs. 4-501 through 4-512).

DIVISION OF PAROLE & PROBATION

The Division of Parole and Probation was formed in 1939 to administer State parole and probation laws (Chapter 406, Acts of 1939). In 1953, the Division was renamed the Department of Parole and Probation (Chapter 653, Acts of 1953). The Department was reorganized in 1968 separate from the Board of Parole (Chapter 457, Acts of 1968). In 1970, the Department was renamed the Division of Parole and Probation (Chapter 401, Acts of 1970).

The Division supervises the conduct of parolees and adult probationers. It regularly informs the Maryland Parole Commission of parolees' activities and notifies the District or Circuit Courts of probationers' activities. At its discretion, the Division recommends that the Commission issue arrest warrants for parole violators. Warrants also are requested from the courts to apprehend probationers charged with violating conditions of their probation.

The Division supervises and provides services to offenders based upon the risk of their continued criminal activity. For parolees, probationers, and offenders for whom supervision is mandatory, the Division offers counseling, social casework, and diagnosis of substance abuse and other problems. Citizen volunteers help counsel parolees and probationers to lead law-abiding lives.

Various types of investigations are undertaken by the Division. When requested, the Division conducts investigations for the courts of Maryland, the Maryland Parole Commission, and when the sentencing of a defendant convicted of felony in a Circuit Court may result in the defendant being remanded to the jurisdiction of the Division of Correction or Patuxent Institution.

At the direction of the Court of Special Appeals, the Division investigates, reports, and makes recommendations regarding applications for review of criminal sentences. Where a felony offense caused physical, psychological or economic injury, the Division prepares a victim impact statement as part of the presentence investigation. A victim impact statement also is prepared when a misdemeanor offense has caused serious physical injury or death.

Division investigations help the Maryland Parole Commission determine whether to grant parole. At the request of the Governor or the Governor's designee, the Division also investigates and reports on persons applying for pardon, commutation of sentence, or clemency. In addition, the Division investigates the home and employment proposals of parolees and probationers from other states wanting to live in Maryland under the Uniform Out-of-State Parolee Supervision Act.

The Director of Parole and Probation is appointed by the Secretary of Public Safety and Correctional Services with the approval of the Governor and Senate advice and consent. The Director serves at the pleasure of the Secretary. (Code 1957, Art. 41, secs. 4-601 through 4-613).