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§ 2-106.1. Custody of arrested persons before release in Allegany County

MD Crim Pro Code § 2-106.1 (2019) (N/A)
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(a)    This section applies only in Allegany County.

(b)    Except as provided in subsection (c) of this section, a police officer or an agent acting on behalf of a law enforcement agency shall keep custody of an arrested person from the time of arrest until the arrested person is:

(1)    committed by lawful authority to a State or local correctional facility;

(2)    released from custody; or

(3)    in the custody of another police officer.

(c)    A correctional officer may keep custody of or provide transport for an arrested person who is awaiting transfer to another jurisdiction or waiting to see a judicial officer of the court if:

(1)    the Commissioner of the Division of Pretrial Detention and Services or local managing official has assigned the correctional officer to supervise and transport inmates;

(2)    the correctional officer will supervise the arrested person in a correctional facility or during transport; and

(3)    the correctional facility is not addressing a situation that poses a severe threat to maintaining the desired level of security and safety of the arrested person or persons inside the correctional facility at the time of the transfer of custody.

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