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Legal Opinion

Maryland Attorney General Opinion 110OAG110

Maryland Attorney General Reports

Decided December 23, 2025No. 110OAG110Published

1Opinion of the Court

110 [110 Op. Att’y CORRECTIONS SHERIFFS – LOCAL JAILS – WHETHER KENT COUNTY MAY CLOSE ITS COUNTY JAIL – WHETHER THE COUNTY MAY RELY ON A PER DIEM CONTRACT WITH ANOTHER COUNTY TO HOUSE INCARCERATED INDIVIDUALS December 23, 2025 The Honorable Dennis W. Hickman, Jr. Sheriff, Kent County You have asked whether Kent County (the “County”) may close its only jail and rely entirely on contracts with neighboring counties to house incarcerated individuals at a per diem rate. For the reasons that follow, we conclude that State law prohibits this course of action. The Correctional Services Article makes…

2Cases cited15 opinions

  1. Logue v. United StatesSupreme Court of the United States · 1973
  2. Lockshin v. SemskerCourt of Appeals of Maryland · 2010
  3. Harford County v. University of Maryland Medical System Corp.Court of Appeals of Maryland · 1990
  4. Stanley v. StateCourt of Appeals of Maryland · 2005
  5. State ex rel. Cocking v. WadeCourt of Appeals of Maryland · 1898

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