[HISTORY: Adopted by the County Council of Wicomico County 6-15-1981
by Bill No. 1981-6. Amendments noted where applicable.]
A.
There is hereby created a Department of Correction under
the immediate direction of a Director, who shall be appointed by the County
Executive and confirmed by the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
The Department shall operate all programs pertaining
to detention and rehabilitation of persons under the jurisdiction of the county
government awaiting trial or having been convicted of a crime and sentenced
by a court of competent jurisdiction to a term in the Wicomico County Detention
Center, or being held for any other lawful purpose.
The Wicomico County Jail is an institution within the Department of
Correction, and it shall hereafter be named the Wicomico County Detention
Center.
A.
The Director of the Department of Correction shall be
responsible for the safekeeping, care and custody of all inmates in the County
Detention Center from the time they are lawfully committed thereto until they
are lawfully discharged, released or withdrawn therefrom.
B.
The Director shall promulgate all rules and regulations
of the county which pertain to the administration and operation of the Department
of Correction, not inconsistent with law, necessary to exercise the responsibilities
and duties of the position.
C.
The Director will be provided with staff, equipment and
office space at the Detention Center adequate to fulfill the duties and responsibilities
of the Department.
D.
The Director shall be responsible for the maintenance
and care of inmates in his custody and shall be responsible for the safe transportation
of such inmates for the purpose of transporting said inmates to hospitals,
the offices of physicians for medical consultations and dentists for dental
care and to such other locations that may be necessary to keep appointments
for the health, safety and protection of the inmates and the community. Any
department personnel assigned to escort an inmate outside the Detention Center
shall be equipped with a firearm. The responsibility for the transportation
of said inmates to and from the courts of law in Wicomico County and to or
from any other locations, except for employment interviews, shall remain vested
in the Sheriff of Wicomico County.
E.
The Director or his 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.
F.
The Director is empowered to authorize the staff at the
Detention Center to use deadly force in accordance with the departmental standard
operating procedures.
G.
The Director or his designee shall have the authority
to transfer custody of inmates to authorized personnel of any other county,
state or the Government of the United States for transportation to the courts
or to some other place of incarceration that may otherwise be provided for
by law.
H.
The Director or his designee shall have the authority
to designate staff members to escort selected inmates outside the Detention
Center for employment interviews.
I.
The Director shall also perform additional duties and
functions as directed by the County Executive.
[Amended 10-17-2006 by Bill No. 2006-11]
[Amended 10-17-2006 by Bill No. 2006-11]
Should the facilities of the County Detention Center be inadequate to
provide for all inmates lawfully committed therein, the Director may, with
the approval of the County Executive or his designated agent, make arrangements
for the temporary custody of the inmates at other correctional facilities
within the state.
The County Council of Wicomico County is hereby directed, authorized
and empowered to make provision by appropriation in its annual levy from year
to year for sufficient funds to pay the salaries and expenses hereinbefore
provided.