§ 2-310. Confinement of arrestees

   (a) In general. -- 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) Custody of Department; release. --

   (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) Prompt arraignment. --

   (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.

HISTORY: An. Code 1957, art. 88B, § 25; 2003, ch. 5, § 2.