reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.05 - Rescheduling a Psychological Screening

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedure for Rescheduling.
(1) The Department's Employee Health Services Unit may reschedule a psychological screening if there is a conflict between an applicant's schedule and the schedule established for the psychological screening.
(2) An applicant requesting to reschedule a psychological screening shall:
(a) Make the request in writing;
(b) Include in the written request reasons to support rescheduling the psychological screening; and
(c) Forward the written request to the Department's Employee Health Services Unit with a copy to the appointing authority, or a designee, making notification under Regulation .04C of this chapter.
(3) If the Department's Employee Health Services Unit determines that the conflict is valid, the Department's Employee Health Services Unit shall reschedule the psychological screening according to the procedures under Regulation .04 of this chapter for scheduling a psychological screening.
(4) Unless the applicant requesting to reschedule the psychological screening receives notification of a rescheduled psychological screening, the applicant shall appear for the psychological screening as originally notified under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.06 - Scoring a Psychological Screening Evaluation Instrument

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall use an evaluation instrument to conduct psychological screening.
B. Once an applicant completes the psychological screening, the licensed mental health care professional shall forward the completed evaluation instrument to the individual designated by the Department's Employee Health Services Unit to score the evaluation instrument.
C. Within 5 days of scoring the evaluation instrument, the person scoring the evaluation instrument shall forward the scored evaluation instrument to the licensed mental health care professional who conducted the psychological screening.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.07 - Reviewing a Scored Psychological Screening Evaluation Instrument

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receiving a scored evaluation instrument under Regulation .06 of this chapter, a licensed mental health care professional shall:
(1) Review the scored evaluation instrument; and
(2) Advise the appointing authority, in writing, of one of the following recommendations:
(a) The applicant is suitable for employment in the mandated position;
(b) That further evaluation of the applicant is required before a recommendation can be made regarding suitability for employment in the mandated position; or
(c) The applicant is not suitable for employment in the mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.08 - Reapplication

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an applicant does not appear for a rescheduled psychological screening or personal interview, the appointing authority may not consider the applicant for employment in the mandated position with the Department for 1 year from the date of the last application.
B. If, following the review of a scored evaluation instrument under Regulation .07 of this chapter, the licensed mental health care professional does not recommend the applicant as suitable for employment in the mandated position, an appointing authority may not consider the applicant for employment in a mandated position with the Department for 3 years from the date of the most recent application for employment in a mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.07 - Psychological Screening-Mandated Positions › Section 12.11.07.09 - Confidentiality of Psychological Screening Information

Current through Register Vol. 51, No. 14, July 12, 2024
An appointing authority, or a designee, shall maintain the results of, and other information related to, a psychological screening in a manner that ensures confidentiality and compliance with the legal requirements for the retention of employment medical records.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.09 - Inmate Welfare Fund › Section 12.11.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations provide policy and procedures for administration of inmate welfare funds at Department of Public Safety and Correctional Services (Department) correctional and detention facilities.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.09 - Inmate Welfare Fund › Section 12.11.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Commissary.
(a) "Commissary" means a contractual service operation from which an inmate may purchase food, health items, and other sundry merchandise to enhance the inmate's health and welfare needs.
(b) "Commissary" does not include a cafeteria or lunchroom.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.09 - Inmate Welfare Fund › Section 12.11.09.03 - Funding Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each Department correctional or detention facility shall establish and maintain an inmate welfare fund according to this chapter.
B. The Inmate Welfare Fund Board (Board) shall oversee inmate welfare fund administrative activities.
C. Board membership shall consist of the following Department personnel:
(1) Secretary (Chairman);
(2) Deputy Secretary for Operations (DSO);
(3) Deputy Secretary for Administration (DSA);
(4) Commissioner of Correction;
(5) Commissioner of Pretrial Detention and Services;
(6) Director of Patuxent Institution;
(7) Assistant Attorney General assigned to the Department (Principal Counsel);
(8) One/Financial Officer, and
(9) Director of Procurement Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.09 - Inmate Welfare Fund › Section 12.11.09.04 - Inmate Welfare Fund Expenditures

Current through Register Vol. 51, No. 14, July 12, 2024
A.Inmate welfare funds are reserved for the following Department programs and services:
(1) Inmate Grievance Office;
(2) Priority inmate-related projects.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.09 - Inmate Welfare Fund › Section 12.11.09.05 - Interest Earned on Inmate Welfare Funds

Current through Register Vol. 51, No. 14, July 12, 2024
If applicable, interest earned on inmate welfare fund money, except for operating expenses, shall be deposited in the inmate welfare fund.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish requirements for the licensing and operation of private home detention monitoring agencies.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.03 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private home detention monitoring agency may not operate in the State without a license.
B. The license is not transferable to any other person.
C. The licensee shall obtain a branch office license certificate from the Secretary for each of its branch offices.
D. The license or renewal license certificate shall be prominently displayed in each office and branch office of the licensee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.04 - Initial Licensing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Application for License.
(1) An applicant shall submit an application for a license on a form provided by the Secretary.
(2) If the applicant is an individual:
(a) The applicant shall be 18 years old or older; and
(b) The application shall be signed under oath by the applicant.
(3) If the applicant is a corporation, partnership, business trust, limited liability company, or other entity, the application shall be signed under oath by each partner, director, and officer.
(4) The applicant shall submit with the application:
(a) A nonrefundable application fee in the amount of $500;
(b) Proof of general liability insurance covering all activities of the applicant in an amount not less than $100,000;
(c) A bond that is conditioned on the faithful and honest conduct of the applicant and runs to the State of Maryland for the benefit of any person injured by any wrongful act of the applicant that is willful or malicious, in an amount not less than $2,500;
(d) Proof of application for State and national criminal history records checks, on a form provided by the Secretary;
(e) Three statements attesting to good character and reputation, for each of the following:
(i) The applicant, if the applicant is an individual,
(ii) Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and
(iii) Each private home detention monitor employed or listed on the application to be employed by the applicant;
(f) A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and electronic monitoring equipment has been provided to each of the following:
(i) The applicant, if the applicant is an individual,
(ii) A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and
(iii) Each private home detention monitor employed or listed on the application to be employed by the applicant; and
(g) A statement on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.05 - Renewal Licensing

Current through Register Vol. 51, No. 14, July 12, 2024
A. At least 2 months before the expiration of a license, the Secretary shall send by U.S. mail to the licensee, at the licensee's last known address, a renewal application, and a notice that states:
(1) The date the current license expires;
(2) The amount of the renewal application fee;
(3) That the renewal application must be received by the Secretary at least 21 days before expiration of the current license to avoid a lapse in licensure and the imposition of late fees; and
(4) That a false statement on the renewal application is cause for license denial or revocation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.06 - Continuing Obligations of Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall maintain an office in the State.
B. A licensee shall keep in an office in the State all files or other records that:
(1) Are made in the State; and
(2) Relate to individuals monitored by the licensee.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.07 - Criminal History Records Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the submission of an initial application for a license and the addition of a partner, director, officer, or monitor, the following individuals shall apply to the Central Repository for State and national criminal history records checks:
(1) The applicant, if the applicant is an individual;
(2) Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity;
(3) Each private home detention monitor employed or listed on the application to be employed by the applicant; and
(4) Each added partner, director, officer, or monitor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.08 - Standards for Electronic Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. A monitoring agency using continuously signaling equipment to monitor an individual shall:
(1) Maintain equipment in good working order that is capable of monitoring 24 hours a day using a transmitter affixed to a monitored individual, a receiver and dialer, telephone, and host computer;
(2) Inform the monitored individual about the use of the equipment;
(3) Test the equipment before use;
(4) Ensure the proper installation of the equipment on the monitored individual and, if applicable, at the individual's approved location as ordered by the court; and
(5) Electronically monitor the monitored individual at an approved location, except for a time specified by the court order or a time of an approved activity, or both.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.09 - Standards of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 6 months of initial licensing, the licensee shall have and enforce the following written policies and procedures:
(1) A written policy and procedure governing the orientation of a monitored individual before the activation of monitoring equipment, which shall include instructions regarding the following:
(a) Equipment use and care,
(b) Expectations for others at the approved location,
(c) Rules and regulations of the monitoring agency,
(d) Internal complaint process,
(e) Access to case records by the monitored individual, attorneys, and the court,
(f) Emergency situations,
(g) A change in the monitored individual's schedule,
(h) The process for the termination of monitoring, and
(i) Notification that a violation of the home detention order or agreement may be considered an escape and subject to prosecution and imprisonment, which includes the requirement that the monitored individual sign an acknowledgement of this notification;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.10 - Private Home Detention Monitoring Agencies › Section 12.11.10.10 - Penalties and Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may deny an application for a license, suspend or revoke a license, or reprimand a licensee, for reasons including, but not limited to, the following:
(1) The applicant or licensee commits any act or fails to act as specified in Business Occupations and Professions Article, §
										20-314, Annotated Code of Maryland;
(2) The applicant or licensee violates any federal, State, or local law or regulation;
(3) The applicant or licensee fails to perform any order of the court pertaining to a monitored individual;
(4) Any partner, director, officer, or monitor of an applicant or licensee is not of good character and reputation for reasons including, but not limited to:
(a) Conviction of a felony,
(b) Conviction of a misdemeanor involving moral turpitude, or
(c) Violation of the laws or regulations governing monitoring agencies;
(5) The applicant or licensee provides to the Secretary a false or misleading statement or document;
(6) The applicant or licensee fails to meet the minimum standards of this chapter; or
(7) The applicant or licensee, or any employee of the applicant or licensee, has a relationship with a monitored individual that could reasonably result in reduced public confidence in the integrity of private home detention monitoring.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.01 - General Regulations › Section 12.12.01.01 - Mission

Current through Register Vol. 51, No. 14, July 12, 2024
The mission of Patuxent Institution is to reduce the rate of reincarceration by providing appropriate clinical assessment and treatment services within a secure environment to both mentally disordered or physically impaired inmates of the Division of Correction. Comprehensive and systemic habilitative opportunities shall be provided to assist inmates to become economically competitive, socially productive, and law-abiding citizens. In meeting this mandate, due regard to the safety of the public, correctional staff, and the inmate population shall be of paramount importance.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.01 - General Regulations › Section 12.12.01.02 - Purpose and Philosophy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the Institution is to provide efficient and adequate programs and services for treatment with the goal of rehabilitation of eligible persons. This shall include a range of program alternatives indicated by the current state of knowledge to be appropriate and effective for the population being served. As an integral part of its program an effective research and development effort will be established and maintained to evaluate and recommend improvements on an ongoing basis.
B. Programs, Services, and Goals.
(1) In keeping with the purpose and philosophy, the Institution will provide a range of programs and services including:
(a) Inmate evaluation;
(b) Treatment;
(c) Community supervision;
(d) Research;
(e) Program evaluation; and
(f) Professional training.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.02 - Prescreening for Referral › Section 12.12.02.01 - General Referral Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for referral to the Institution for evaluation, Division inmates shall meet both of the following criteria:
(1) Have at least 3 years remaining on their sentences of criminal imprisonment; and
(2) Have not been evaluated by the Institution, or admitted to the Institution as an eligible person, within the preceding 3 years.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.02 - Prescreening for Referral › Section 12.12.02.02 - Special Populations Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall give special consideration to the referral of inmates who meet the criteria specified in Regulation .01 of this chapter, and who also meet one or more of the following special populations criteria:
(1) Chronically mentally disordered;
(2) Chronic youthful offenders who meet the criteria of Courts and Judicial Proceedings Article, §
										3-804(e), Annotated Code of Maryland; or
(3) Mentally retarded.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.02 - Prescreening for Referral › Section 12.12.02.03 - Recommendation for Referral

Current through Register Vol. 51, No. 14, July 12, 2024
All Division inmates who meet the referral criteria set forth in Regulation .01 or .02 of this chapter may be recommended to the Commissioner for referral for evaluation under the provisions set forth in Regulation .04 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.02 - Prescreening for Referral › Section 12.12.02.04 - Referrals for Evaluation from the Division of Correction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following persons may recommend to the Commissioner that an inmate, who meets the criteria specified in Regulation .01 or .02 of this chapter, be referred to the Institution for evaluation as to whether or not the inmate is an eligible person:
(1) The sentencing judge;
(2) The State's Attorney of the jurisdiction in which the inmate was last convicted;
(3) A member of the Commissioner's staff, including the chief psychologist or classification team of a Division facility; or
(4) An inmate, by self-referral.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Institution, in accordance with the availability of current program vacancies, shall assign an evaluation team to determine the eligibility of Division inmates referred by the Commissioner. The Institution shall maintain a list of Division inmates who have been evaluated and found to be eligible for Institution programs when vacancies occur.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.02 - Evaluation Team

Current through Register Vol. 51, No. 14, July 12, 2024
A. A minimum of three members of the evaluation team shall examine the referred inmate at either a Division of Correction facility or at the Institution. The members of the evaluation team who examine the inmate shall include a social worker or a behavioral scientist, a psychologist, and a psychiatrist. The selection of the location for the examination shall be at the discretion of the Director.
B. The evaluation team shall meet at the Institution to determine whether the Division inmate is an eligible person, according to the criteria specified in Correctional Services Article, §
									4-101(e), Annotated Code of Maryland, and Regulation .05 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.03 - Records Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the examination is to be conducted at a Division of Correction facility, the records needed by the evaluation team shall be assembled by the Division as specified below:
(1) The following documents from the base file:
(a) Copy of commitment order,
(b) Admission summary,
(c) Copy of sentencing guidelines,
(d) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate, or documentation that none exist,
(e) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction,
(f) State's version of the crime,
(g) Prior criminal and juvenile history and all relevant records concerning it,
(h) Disciplinary record, and
(i) Correspondence from judges and State's Attorneys relating to their referral and recommendation of inmates to the Institution;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.04 - Resources

Current through Register Vol. 51, No. 14, July 12, 2024
The evaluation team shall be provided the workspace and resources necessary to carry out the examination.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.05 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Division inmate shall be considered an eligible person if the evaluation team reaches all of the following conclusions:
(1) The inmate meets all of the referral criteria specified in COMAR 12.12.02.01B or .02;
(2) The inmate has an emotional imbalance or intellectual deficiency;
(3) The inmate can be expected to benefit from current programs and services provided at the Institution; and
(4) The inmate can be better habilitated through the Institution's programs and services than by other incarceration.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.06 - Findings

Current through Register Vol. 51, No. 14, July 12, 2024
After its review, the evaluation team shall develop a list of inmates in the following categories:
A. Eligible persons, who may be admitted to the Institution when program vacancies occur; or
B. Noneligible persons, who may not be admitted to the Institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.03 - Evaluation Process › Section 12.12.03.07 - Written Reports

Current through Register Vol. 51, No. 14, July 12, 2024
The evaluation team shall deliver a report to the Director recommending whether the inmate is an eligible person or a noneligible person. The report shall support the team's findings with respect to each of the criteria set forth in Correctional Services Article, §
									2-113, Annotated Code of Maryland, and Regulation .05 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.04 - Inmate Transfers › Section 12.12.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Interstate Corrections Compact" means the statute enabling a state to contract for the transfer of an inmate in the state to another state for confinement, treatment, and rehabilitation.
(2) "Member state" means a state which has enacted legislation to implement the Interstate Corrections Compact, and which has a contractual agreement with Maryland for the purpose of transferring inmates.
(3) "Voluntary transfer" means the return to the Division of an inmate referred to the Institution for evaluation, or of an eligible person admitted to the Institution for treatment, when the Division inmate or eligible person has made a request in writing to leave the Institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.04 - Inmate Transfers › Section 12.12.04.02 - Voluntary Transfer to the Division of Correction

Current through Register Vol. 51, No. 14, July 12, 2024
All Division inmates referred to the Institution for evaluation, and all eligible persons committed to the Institution for treatment, have the right to transfer from the Institution to the Division by written request. Voluntary transfers are governed by the following rules:
A. A referred inmate or eligible person may request transfer at any time after arrival at the Institution;
B. Upon receipt of the request the Commissioner shall, within 90 days from the date of receipt, arrange for the inmate's transfer;
C. After transfer the inmate is not eligible to return to the Institution for 3 years from the date of transfer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.04 - Inmate Transfers › Section 12.12.04.03 - Involuntary Transfer to the Division of Correction

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the evaluation team concludes that the inmate is not an eligible person, the Director shall notify the Commissioner and send the Commissioner a copy of the team's report. Within 30 days after that notice, the inmate shall be delivered to the appropriate correctional facility designated by the Commissioner.
B. If the Board of Review determines that an eligible person is no longer eligible to remain in the Institution's program, the Director shall notify the Commissioner and send the Commissioner a copy of the evaluation team's report. Within 90 days after that notice, the inmate shall be delivered to the appropriate correctional facility designated by the Commissioner.
C. After transfer the inmate is not eligible to return to the Institution for 3 years from the date of transfer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.04 - Inmate Transfers › Section 12.12.04.04 - Interstate Corrections Compact Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inmate desires to transfer to another member state, the inmate shall be instructed to request a voluntary transfer from the Institution to the Division, and the provisions of Regulation .02 of this chapter shall apply.
B. The Institution shall notify the Division of the inmate's desire to transfer to another member state pursuant to the Division's Interstate Corrections Compact procedures.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Inmate progress review" means the system by which eligible persons are assigned to Institution jobs, receive Institution job security classification, and are assigned to levels in the graded tier system. These assignments are based on an evaluation of the security risk posed by the eligible person and on the eligible person's progress in Institution programs.
(2) "Progress review committee" means the team of staff members who are responsible for assigning eligible persons to Institution jobs, job security classifications, and levels in the graded tier system. There are four progress review committees at the Institution, one for each treatment unit. Each committee is composed of all treatment staff from the respective unit, a custody supervisor appointed by the Warden, and a member of the Education Department appointed by the Institution's Director of Education.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall develop specifically defined treatment programs to enable the Institution to comply with its mission.
B. In designing these treatment programs, the Director shall:
(1) Identify specific clinical disorders to be treated and researched at the Institution;
(2) Specify a comprehensive assessment methodology that will enable the Institution to identify potentially treatable inmates suffering from a diagnosable clinical disorder;
(3) Develop a specific treatment program for each clinical disorder;
(4) Develop an appropriate mechanism to monitor, measure, and assess the efficacy of each program, through a plan of continuing program evaluation; and
(5) Develop a mechanism for quality assurance that provides for the periodic review and revision of each program.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.03 - Treatment Programming

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each treatment program developed by the Director for a specific clinical disorder or disorders shall be governed by a set of clinical guidelines, which shall include the following:
(1) A description of the clinical disorder or disorders to be treated;
(2) The current professional standards of practice for the treatment of the clinical disorder or disorders;
(3) The specific treatment methods to be applied at the Institution in treating the clinical disorder or disorders; and
(4) The specific outcome measures for determining the effectiveness of the treatment in each case.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.04 - Assessment During Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The treatment assessment shall begin at the time a Division inmate is found to be an eligible person and transferred to the Institution for treatment.
B. The treatment assessment shall include comprehensive clinical reports, individual treatment plans, progress notes, and any other information prepared by the staff for the eligible person's annual consideration by the Board of Review.
C. Assessments shall be ongoing, and with the approval of the Board of Review, an eligible person may be continued in treatment or returned to the Division of Correction.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.05 - Inmate Progress Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The progress review committee for each treatment unit shall review and decide the disposition of tier level demotions and promotions, job assignments, and job security classifications for each eligible person assigned to the treatment unit. Decisions of the progress review committee shall be by majority vote of the voting members of the committee present at the meeting.
B. Each decision of a progress review committee that results in a change, positive or negative, in an eligible person's tier level, job assignment, or job security classification shall be documented by recording the vote, supporting rationale, and dissenting rationale on a progress review results form.
C. An affected eligible person shall be given a brief written statement setting forth the committee's decision, with a statement of reasons in support of the decision, without reflecting the vote of each committee member.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.05 - Treatment Programs and Assessment During Treatment › Section 12.12.05.06 - Assignment of Job Security Level

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Institution is a maximum security correctional facility operated by the Department of Public Safety and Correctional Services. An eligible person in the Institution's program is assigned a security level for the purposes of job assignment only. For all other purposes, an eligible person in the Institution's program is considered to be a maximum security inmate.
B. Job Security Levels.
(1) The job security levels available to eligible persons are described in this section.
(2) Maximum. Eligible persons with this job security level shall be restricted to jobs done completely within the interior of the Institution's buildings. This classification shall automatically apply to all new arrivals to the Institution and shall remain in effect until revised by the proper action of the progress review committee.
(3) Close. Eligible persons with this job security level shall be restricted to jobs that do not require the eligible person to work outside the Institution's perimeter. Only eligible persons on third or fourth level tiers shall be granted close security unless otherwise authorized by the Director.
(4) Status. Eligible persons with this job security level shall be allowed to work in jobs that require the eligible person to be outside of the Institution's perimeter under supervision. Only eligible persons granted prerelease status by the Board of Review shall be allowed the job security level of status, and these eligible persons shall automatically receive the job security level of status upon the Board of Review's grant of prerelease status to the eligible person. Eligible persons on prerelease status shall retain the job security level of status while they remain housed in the Institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.01 - Composition and Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Review shall have nine members including four institutional members and five public members. Of the five public members, one shall be a member of a victim's rights organization.
B. The four institutional members of the Board of Review shall include the:
(1) Director;
(2) Associate Director, Warden;
(3) Associate Director, Treatment; and
(4) Associate Director, Behavioral Science, who shall serve as Executive Secretary.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.02 - Powers

Current through Register Vol. 51, No. 14, July 12, 2024
A. During its annual review of each eligible person, the Board of Review shall consider the eligible person's response to treatment and decide whether the eligible person may continue in treatment or be returned to the Division of Correction.
B. In addition, the Board of Review may:
(1) Grant, revoke, extend, or change the conditions governing the status of an eligible person, including eligible persons on leave, work release, and school release status;
(2) Revoke, extend, or modify the conditions governing the status of a paroled eligible person;
(3) Recommend to the original sentencing court that a paroled eligible person be released from supervision, and the remaining sentence be suspended or vacated, after the paroled eligible person has successfully completed 3 years on parole without violation;
(4) Recommend to the Secretary parole for eligible persons serving nonlife sentences for crimes committed after March 20, 1989;
(5) Recommend to the Governor parole for eligible persons serving life sentences for crimes committed after July 1, 1982 and on or before March 20, 1989;
(6) Recommend to the Secretary and the Governor parole for eligible persons serving life sentences for crimes committed after March 20, 1989;
(7) Grant parole to eligible persons serving nonlife sentences for crimes committed on or before March 20, 1989, and to eligible persons serving life sentences for crimes committed on or before July 1, 1982;
(8) Ratify the issuance of retake warrants for eligible persons on prerelease status and parole;
(9) Order the return to the Institution of an eligible person on prerelease status or parole, for the purposes of a special appearance before the Board;
(10) Decide grievances of an eligible person on prerelease status or parole;
(11) Decide matters without a hearing concerning:
(a) Compassionate leaves for eligible persons on prerelease or parole status,
(b) Leave schedules and dates for eligible persons on prerelease or parole status, and
(c) Requests from eligible persons on prerelease status or parole;
(12) Recommend interstate compact agreements for paroled eligible persons with other jurisdictions;
(13) Conduct annual reviews of the status of each eligible person;
(14) Recommend policies to the Director; and
(15) Consider only those matters approved by the Director.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.03 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The Board of Review shall conduct hearings as required by law or these regulations.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.04 - Meetings and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Review shall:
(1) Meet not less than once per month and may meet more often as needed;
(2) Conduct executive sessions during its regular meetings to discuss issues relating to eligible persons and policy matters;
(3) Conduct an administrative session not less than once per year to discuss broader policy issues; and
(4) Hold informal hearings in all matters, except as provided elsewhere in this subtitle.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.05 - Quorum

Current through Register Vol. 51, No. 14, July 12, 2024
A. A quorum of the Board of Review consists of seven members, three of whom shall be public members.
B. An eligible person may only be released into the community on prerelease status, or recommended to the Secretary or the Governor for parole status, if the decision has been approved by a quorum of the Board of Review, as defined in § A of this regulation.
C. All other decisions of the Board of Review require a simple majority of the members present.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.06 - Board of Review › Section 12.12.06.06 - Secretary's Authority

Current through Register Vol. 51, No. 14, July 12, 2024
Under the provisions of Correctional Services Article, §
									2-113, Annotated Code of Maryland, the Secretary may exercise discretion or perform any power, duty, responsibility, or function of the Institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Eligible persons may be granted the privilege of leaving confinement during necessary and reasonable hours for the purposes of leave, working at gainful private or public employment, or attending school as part of a school release program. These programs may also include, under appropriate conditions, release for the purpose of seeking employment or schooling. Leave, work release, and school release are considered prerelease programs intended to prepare eligible persons for parole, mandatory supervision, or expiration of sentence. An eligible person does not have any right to be granted leave, work release, or school release. Leave, work release, and school release are privileges to be granted or revoked at the discretion of the Board of Review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.03 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Board of Review has the power to grant, revoke, or modify an inmate's prerelease status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.04 - Public Safety Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for any form of prerelease status, the Board of Review shall consider the following public safety criteria:
(1) The compatibility of the release of the inmate on leave, work release, or school release with the safety and welfare of society;
(2) The length of the inmate's sentence and the amount of time served on the current term of imprisonment to date;
(3) The nature of the crime for which the inmate is currently incarcerated;
(4) The circumstances surrounding the crime for which the inmate is currently incarcerated;
(5) The determination that leave, work release, or school release would not depreciate the seriousness of the inmate's crime, promote disrespect for the law, or have an adverse effect on Institution discipline;
(6) The existence of any unresolved out-of-State or federal detainers;
(7) Any reports or recommendations made by the inmate's victim or victims, or a representative designated by the victim;
(8) Any reports or recommendations made by the sentencing judge, State's Attorney, or a professional medical consultant;
(9) Any other factors or information which the Board of Review may find relevant in assessing the risk to public safety which may be posed by placing the inmate on prerelease status.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 12 - PATUXENT INSTITUTION › Chapter 12.12.07 - Leave, Work Release, and School Release › Section 12.12.07.05 - Progress-in-Treatment Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In considering an inmate for prerelease status, the Board of Review shall consider the following progress-in-treatment criteria:
(1) The inmate's overall progress in treatment;
(2) The inmate's overall behavior and adjustment while incarcerated;
(3) Whether prerelease status would assist in the inmate's treatment by enhancing the inmate's ability to lead a law-abiding life;
(4) Whether the inmate has successfully functioned in any previous prerelease status; and
(5) Any other factors or information which the Board of Review considers relevant in assessing the inmate's progress in treatment.