Section 8-114 - Commission on Correctional Standards - Sanctions.
§ 8-114. Commission on Correctional Standards - Sanctions.
(a) Compliance plans.-
(1) If the Commission determines that a correctional facility is in violation of the minimum mandatory standards, the Commission shall send a compliance plan to the correctional facility.
(2) The compliance plan shall state:
(i) which minimum mandatory standards the correctional facility has violated;
(ii) the time, to be determined by the Commission, that the correctional facility has to address the violations; and
(iii) the date that the Commission shall reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.
(3) The Commission shall send a copy of the compliance plan to the executive and legislative body responsible for the correctional facility.
(b) Letters of reprimand.-
(1) If, after sending a compliance plan and reinspecting a correctional facility under subsection (a) of this section, the Commission determines that the correctional facility is in violation of the minimum mandatory standards, the Commission shall send a letter of reprimand to the correctional facility.
(2) The letter of reprimand shall state:
(i) which minimum standards the correctional facility has violated;
(ii) the time, to be determined by the Commission but not to exceed 60 days, that the correctional facility has to address the violations; and
(iii) the date that the Commission will reinspect the correctional facility to determine if the correctional facility has complied with the minimum mandatory standards.
(3) The Commission shall send a copy of the letter of reprimand to the executive and legislative body responsible for the correctional facility.
(c) Full standards and performance audits; inspections.-
(1) If, after the Commission has sent a letter of reprimand to a correctional facility under subsection (b) of this section and reinspected the facility, the Commission determines that the correctional facility is in violation of the minimum mandatory standards, the Commission shall:
(i) conduct a full standards and performance audit of the correctional facility; or
(ii) periodically inspect the correctional facility until compliance is attained and send a report of each inspection to the executive and legislative bodies responsible for the correctional facility.
(2) When conducting a full standards and performance audit of a correctional facility, the Commission shall examine:
(i) the physical condition of the correctional facility;
(ii) the safety and treatment of inmates at the correctional facility;
(iii) whether the correctional facility has policies and procedures in place as required by the minimum mandatory standards; and
(iv) whether the correctional facility is following the required policies and procedures.
(3) When conducting a full standards and performance audit, the Commission shall have unrestricted access to the personnel and records of the correctional facility.
(4) (i) If the Commission lacks the expertise necessary to perform a part of the full standards and performance audit, the Commission may obtain assistance from sources with expertise in the specific standard.
(ii) If the Commission needs to obtain assistance, the correctional facility that is being audited shall reimburse the Commission for any cost incurred.
(5) (i) After completing a full standards and performance audit, the Commission shall send a letter to the correctional facility.
(ii) The letter shall contain:
1. a copy of the audit findings, including details on all areas where the correctional facility fails to comply with the minimum mandatory standards;
2. a statement of what actions the correctional facility must take in order to comply with the audit findings;
3. a date when the correctional facility must comply with the audit findings; and
4. a statement that the Commission will conduct an unannounced inspection of the correctional facility within a reasonable amount of time after the date specified for compliance and that if the correctional facility fails to comply, the Commission may seek a court order requiring compliance or order all or part of the correctional facility to cease operations.
(iii) The Commission shall send a copy of the letter to the executive and legislative bodies responsible for the correctional facility.
(6) Within a reasonable time after the date specified for compliance, the Commission shall conduct an unannounced inspection to verify that the correctional facility has complied with the audit findings.
(d) Continuing violations; court order for compliance or closing; hearing.-
(1) If, after performing an audit and unannounced inspection under subsection (c) of this section and holding a hearing on the issue, the Commission determines that a correctional facility has not complied with the audit findings, the Commission shall:
(i) petition a circuit court with venue over the proceeding for a court order requiring the correctional facility to comply with the audit findings; or
(ii) issue an order to cease operation of the correctional facility or any of its correctional elements, procedures, or functions.
(2) The Commission shall provide to a correctional facility reasonable notice of a hearing under paragraph (1) of this subsection.
(3) The Commission may subpoena witnesses and hold public hearings in accordance with Title 10, Subtitle 2 of the State Government Article before making a final decision on whether to seek a court order or close a correctional facility or any of its correctional elements, procedures, or functions.
[An. Code 1957, art. 41, § 4-401(d)(5)-(6); 1999, ch. 54, § 2; 2004, ch. 213; 2005, ch. 202.]