Terms Used In Maryland Code, PUBLIC SAFETY 2-310

  • Arrest: Taking physical custody of a person by lawful authority.
  • County: means a county of the State or Baltimore City. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) Unless sufficient facilities are not available, the managing official of a correctional facility shall receive and confine an individual arrested by a police employee without warrant or on warrant from a county.

(b) (1) An individual confined under subsection (a) of this section:

(i) is deemed to be in the custody of the Department; and

(ii) shall remain confined until a court of competent jurisdiction issues a warrant or other process, or the individual is returned to the county.

(2) Before the issuance of a warrant or process, an individual confined under subsection (a) of this section may be released only to and on written order of a police employee.

(c) (1) This section does not abridge the right of an individual to be taken before a judicial officer of the State promptly after arrest.

(2) The managing official of a correctional facility in which an individual is confined under this section, shall notify the State’s Attorney immediately if the individual is confined for more than 12 hours.