[HISTORY: Adopted by the County Commissioners of Caroline County 5-16-1995
as Bill No. 95-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill transferred the responsibility for the
operation of the Caroline County Detention Center from the County Sheriff
to the Superintendent of the Department of Correction.
A.
There is hereby created a Department of Correction (the
"Department") under the immediate direction of a Superintendent who shall
be appointed by the County Commissioners.
B.
The Department shall operate all programs pertaining
to detention of persons under the jurisdiction of the County government who
are awaiting trial, who have been convicted of a crime and sentenced by a
court of competent jurisdiction for a term in the Caroline County Detention
Center or who are being held for any other lawful purpose.
The Caroline County Detention Center is an institution within the Department
of Correction, and it shall hereinafter be named the "Caroline County Detention
Center."
A.
The Superintendent 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until they are lawfully discharged, released or withdrawn therefrom.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 Superintendent shall promulgate 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.
It shall be the responsibility of the arresting law enforcement
agency to deliver any prisoner initially committed to the Caroline County
Detention Center by court officials. The Superintendent shall be responsible
for safe transport of inmates to subsequent court proceedings and, under appropriate
circumstances, to employment interviews, rehabilitative programs, approved
work sites and to locations that may be necessary for the health, safety and
protection of the inmates and the community. The Sheriff's Department
may assist with transport of an inmate in an emergency or when circumstances
warrant such assistance to protect public safety.
D.
Should the facilities of the County Detention Center
be inadequate to provide for all inmates lawfully committed therein, the Superintendent
may, with the approval of the County Commissioners or their designated agent,
make arrangements for the temporary custody of the inmates at other correctional
facilities with the state.
E.
The Superintendent 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.
F.
The Superintendent or Superintendent's 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.
G.
The Superintendent is empowered to authorize the Detention
Center staff to use deadly force in accordance with law and departmental standard
operating procedures.
H.
The Superintendent shall supervise and be fully responsible
for the staff of the Department of Correction, including correction officers,
records clerks and kitchen workers.
I.
The Superintendent shall maintain all necessary records
and accounts pertaining to the operation of the Detention Center and its inmates
and shall create and maintain them in accordance with correctional standards
and modern recordkeeping methods.
J.
The Superintendent will be provided with staff, equipment
and office space at the Detention Center adequate to fulfill the basic duties
and responsibilities of the Department. The Superintendent shall actively
seek state, federal and foundation grants to assist with operational and capital
funding of the Detention Center.
K.
In the Detention Center building, the Superintendent
shall have jurisdiction over the intake area, cellblocks, control room, visiting
areas, exercise yards and secured perimeters, kitchen, boiler room and Detention
Center mechanical areas. The Sheriff shall have jurisdiction over all other
areas of the building and shall ensure that the Superintendent and Detention
Center staff have adequate office space.
L.
The Superintendent shall also perform additional duties
and functions as directed by the County Commissioners.
M.
The Superintendent shall serve at the pleasure of the
County Commissioners and shall be supervised by the County Administrator.
The Superintendent's staff of the Detention Center shall be employed
pursuant to the provisions of the prevailing County employee merit system.
N.
The Superintendent shall have, at minimum, the following
general qualifications:
(1)
Associate of Arts degree in the field of law enforcement
or corrections. Years of experience may be used as a substitute for the associate's
degree at the discretion of the County.
(2)
At least five years' experience with a law enforcement
or correction agency.
(3)
Ability to interpret, implement and maintain modern correction
standards applicable to the Caroline County Detention Center.
(4)
Ability to plan for and manage the full operation of
the Caroline County Detention Center, including budget development and monitoring,
personnel, and purchasing responsibilities, and providing for ongoing and
proper maintenance of the physical plant and equipment.
(5)
Ability to evaluate and implement policies, procedures,
and programs, including rehabilitative programs.
(6)
Additional qualifications as specified in the official
job class specification for the Superintendent.
An inmate confined to the Caroline County Detention Center as an adult
under sentence imposed by any court of lawful jurisdiction may be required
to perform labor on municipal or County streets or property under the general
supervision of the Superintendent of the Detention Center, provided that sufficient
direct supervision is available to safeguard the public. No inmate shall be
required to perform such labor if the Detention Center physician recommends
against it. No inmate shall be required to work more than eight hours a day.
The County Commissioners of Caroline County are hereby directed, authorized
and empowered to make provision, by appropriation in the annual levy, for
sufficient funds to pay the salaries and expenses hereinbefore provided.