2013 Maryland Code
CORRECTIONAL SERVICES
§ 11-1108 - Decision, order or action.

§11-1108.

(a) (1) A decision, an order, or an action taken as a result of a hearing under § 11-1107 of this subtitle shall be in writing and accompanied by findings of fact.

(2) The findings of fact shall consist of a concise statement on each issue in the case.

(3) A finding of not guilty terminates the action.

(4) If the hearing board makes a finding of guilt, the hearing board shall:

(i) reconvene the hearing;

(ii) receive evidence; and

(iii) consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the Sheriff.

(5) A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:

(i) the correctional officer or the correctional officer’s counsel or representative of record; and

(ii) the Sheriff.

(b) (1) After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.

(2) The recommendation of a penalty shall be in writing.

(c) (1) Within 30 days after receipt of the recommendations of the hearing board, the Sheriff shall:

(i) review the findings, conclusions, and recommendations of the hearing board; and

(ii) issue a final order.

(2) The recommendation of a penalty by the hearing board is not binding on the Sheriff.

(3) The Sheriff shall consider the correctional officer’s past job performance as a factor before imposing a penalty.

(4) The Sheriff may increase the recommended penalty of the hearing board only if the Sheriff personally meets with the correctional officer and allows the correctional officer to be heard on the record.