2013 Maryland Code
CRIMINAL PROCEDURE
§ 2-106 - Keeping custody of arrested persons

§2-106.

(a) (1) A peace officer, who is appointed in the jurisdiction in which a person is arrested, may keep custody of the arrested person in another jurisdiction in which a District Court commissioner is located to bring the person before the District Court commissioner in the other jurisdiction.

(2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed and the arrest is made.

(b) (1) A peace officer, who is appointed in the jurisdiction for which a charging document is issued for a person who is arrested in another jurisdiction, may obtain custody of the arrested person in the other jurisdiction to bring the person before a District Court commissioner in the jurisdiction in which the charging document is issued.

(2) The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed.

(c) This section does not affect or extend the time period for bringing an arrested person before a judicial officer after arrest.

§ 2-106 - 1. Custody of arrested persons before release in Allegany County [Effective October 1, 2013].

(a) Scope. -- This section applies only in Allegany County.

(b) In general. -- 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) Retention of custody or providing transport. -- 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.